An act regulating certain political parties; providing for and regulating the nomination of candidates of such political parties for certain public offices, the election of delegates and alternate delegates to national party conventions, and of certain party officers ..

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No. 400.
AN ACT

Regulating certain political parties ; providing for and regulating
the nomination of candidates of such political parties for
certain public offices, the election of delegates and alternate
delegates to National party conventions, and of certain party
officers, including State committeemen; a method whereby
electors of such political parties may express their choice
of candidates for the office of President of the United States ;
and the payment by the several counties, and their reimburse-
ment by the State, of the expenses of the same; authorizing
the State committee of a political party to make, and to alter,
amend, and revoke, rules; and providing penalties for the viola-
tion of the provisions of this act, and for the punishment of
certain offenses provided for herein ; and repealing inconsistent
legislation .

Section 1. Be it enacted, &c, That hereafter all
candidates of political parties, as herein denned, for
the office of United States Senator, for the office of
Representative in Congress, for all elective State,
county, city, ward, borough, township, school district,
and election division or district offices, and for all
other elective public offices except that of presidential
elector, shall be nominated, and delegates and alternate
delegates to National party conventions and State com-
mitteemen shall be elected, at primaries held in accord-
ance with the provisions of this act, and in no other
manner. xVll such party officers as are required by the
rules of the several political parties to be elected by
the vote of the party electors shall be elected at
primaries held in accordance with the provisions
of this act, excepting members of the National com-
mittee, who shall be elected as hereinafter provided.
In the years when candidates for the office of Presi-
dent of the United States are to be nominated, every
qualified elector of a political party, herein denned to
be a political party within the State, shall have op-
portunity at the primaries held in such years, subject
to the provisions of this act, to vote his preference for
one person to be the candidate of his political party for
President This act shall not apply to the nomination
of candidates to be voted for at special elections to fill
vacancies except when such special election is held
at the time of a regular election and such vacancy oc-
curred or existed at least sixty days prior to the regu-
ar primary antecedent to such regular election; an J
lothing herein contained shall prevent any body of
Sectors not constituting a political party from nomi-
nating candidates by nomination papers, as is now or
nay hereafter be provided by law.
The State committee of each political party may
lake such rules for the government of such State coni-
littee, not inconsistent with law, as it may/leem ex-

fT

A

How candidates
shall be nomi-
nated.

Party officers.

May vote for
preference for
President.

Nomination pa-
pers.

Parly rules.

■fc93V84

1*<*

¥>

National Com-
mittee.

State Committee.

Organization of.

Election of.

Proviso.

Vacancies.

pedient; and may also revoke or alter or amend, in
any manner not inconsistent with law, any present or
future rules of such State committee.

National committeemen shall be elected by the State
committee of each respective party, unless the rules
of the National party otherwise provided; in which
case they shall be elected in the manner provided by
the rules of the National party, and all State com-
mitteemen shall be elected by Senatorial districts.
Each Senatorial district shall be entitled to elect two
members of the State committee, except where a Sen-
atorial district is composed of more than one county
or part of a county; in which event the electors re-
siding in each county or part of a county embraced
in the said senatorial district shall be entitled to elect
one State committeeman. The State committeemen thus
elected shall meet for organization not later than the
third Wednesday following their election, at such
hour and place as shall be designated by the State
chairman of each respective party. The said State
committeemen shall be elected at the fall primary in
the year one thousand nine hundred and thirteen, and
shall hold office until their successors are duly elected
and qualified at the spring primary of the year one
thousand nine hundred and fourteen: Provided how-
ever, That where the existing rules of a party provide
for the election of State committeemen by the county
committeemen of the respective counties, in the year
one thousand nine hundred and thirteen the State
Committeemen so elected shall serve until their suc-
cessors are duly elected and qualified under the pro-
visions of this act at the spring primary in the year
one thousand nine hundred and fourteen. Thereafter
the said State committeemen of all parties shall be
elected at the spring primary.

Vacancies happening at any time in the office of
National committeeman shall be filled by the State
committee of the respective party, unless the rules of
the National party otherwise provide; in which case
vacancies shall be filled in the manner provided by the
rules of the National party.

Vacancies happening at any time in the office of
State committeeman shall be filled by the city or
county committee of the respective parties: Provided,
That when said vacancy occurs in a county composed
of more than one Senatorial district, the members
of the city or county committee embraced within the
Senatorial district in said county shall elect said com-
mitteeman ; and when a vacancy occurs in a Senatorial
district composed of more than one county or part of
a county, the members of the county committee em-
braced within said county or part of a county shall
elect said committeeman.

3

Section 2. Any party or body of electors, one of
whose candidates at the general election next preced-
ing the primary polled in each of at least ten counties
of the State not less than two per centum of the larg-
est entire vote cast in each of said counties for any
elected candidate, and polled a total vote in the State
equal to at least two per centum of the largest entire
vote cast in the State for any elected candidate, is
hereby declared to be a political party within the
State ; and shall nominate all its candidates for any of
the offices provided for in this act, and shall elect its
delegates and alternate delegates to the National con-
vention. State committeemen, and also such party of-
ficers, including members of the National committee, as
its rules provide, shall be elected by a vote of the party
electors in accordance with the provisions of this
act.

Any party or body of electors, one of whose can-
didates at either the general or municipal election
preceding the primary polled at least five per centum of
the largest entire vote cast for any elected candidate
in any county, is hereby declared to be a political party
within said county; and shall nominate all its candi-
dates for office in such county and in all political dis-
tricts within said county, or of which said county forms
a part, and shall elect such party officers as its rules
provide shall be elected therein, by a vote of the party
electors, in accordance with the provisions of this act.

Section 3. One primary shall be held each year, in
every election district of this Commonwealth in which
nominations are to be made, or delegates and alternate
delegates to National party conventions, State com-
mitteemen or party officers, including members of the
National committee, are to be elected as herein pro-
vided. The said primaries shall be held on the third
Tuesday of September in all odd-numbered years, and
on the third Tuesday of May in all even-numbered
years. The primary held on the third Tuesday of Sep-
tember shall be known as the Fall primary, and the
primary held on the third Tuesday of May shall be
known as the Spring primary.

Candidates for all offices to be filled at the general
election shall be nominated at the Spring primary.
Delegates and alternate delegates to National party
conventions, State committeemen, and such party offi-
cers, including members of the National committee, as
are required by the rules of the several political par-
ties to be elected by a vote of the party electors, shall
be elected at the Spring primary, except as otherwise
provided in this act.

The vote for candidates for the office of President
of the United States, as herein provided for, shall be
cast at the Spring primary.

Definition of
political party.

Party
State.

within the

Party within
county.

Primary.

Date of.

Nominations at
the Spring pri-
mary.

Vote
dent.

for Presi-

Fall primary.

Notice of primary.

Notices designat-
ing candidates to
be elected.

Notice as to
delegates.

Candidates for all offices to be filled at the municipal
election shall be nominated at the Fall primary.

Section 4. On or before the ninth Tuesday preced-
ing the Spring primary, the Secretary of the Common-
wealth shall send to the county commissioners of each
county a written notice designating all the offices for
which candidates are to be nominated therein, or in
any district of which such county forms a part, or in
the State at large, at the ensuing primary, and for
the nomination to which candidates are required to
file nomination petitions in the office of the Secretary
of the Commonwealth, including that of President of
the United States; and shall also, in said notice, set
forth the number of representatives in Congress and
officers of the Commonwealth to be elected at the next
succeeding election by a vote of the electors of the State
at large, and the number to be elected by a vote of the
electors of the county or of any district therein, or of
any district of which such county forms a part.

On or before the ninth Tuesday preceding the Fall
primary, the Secretary of the Commonwealth shall
send to the county commissioners of each county a
written notice designating ail the offices for which can-
didates are to be nominated therein, or in any district
of which such county forms a part, or in the State at
large, at the ensuing primary, and for the nomination
to which candidates are required to file nomination
petitions in the office of the Secretary of the Common-
wealth, and designating how many persons are to be
elected to such offices, respectively, at the next succeed-
ing election; and also designating the number of al-
dermen and justices of the peace to be nominated
therein at the ensuing primary, and also the political
divisions in which said aldermen and justices of the
peace are to be nominated. On or before the ninth
Tuesday preceding the spring primary, the chairman
of the State committee of each political party herein
defined to be a political party within the State shall
send to the county commissioners of each county a
written notice, setting forth the number of delegates
and alternate delegates to the National Convention of
such party who are to be elected in the State at large
at the ensuing primary, and the number of such dele-
gates and alternate delegates who are to be elected at
said primary in such county, or in any district of
which such county forms a part. The said notice shall
also set forth the number of members of the National
committee, if any, who, under the National party rules,
are to be elected at the said primary in the State at
large, and the number of members of the State commit-
tee to be elected at the said primary in such county, or
in any district of which such county or part thereof
forms a part.

On or before the ninth Tuesday preceding the Spring

5

primary, the chairman, of the county, and, in cases Sutg0mmfiteae1J!nei1
where a city is coextensive with a county, the chair-
man of the city committee of each party, shall send
to the county commissioners of such county a writteu
notice, setting forth the names of all party offices
within the county or city to be filled by election at the
ensuing primary.

On or before the ninth Tuesday preceding the Fall Duty 0f secre-
primary, the clerks or secretaries of the various cities, taries-
boroughs, townships, and school districts, shall, re-
spectively, send to the county commissioners of their
respective counties a written notice setting forth the
names of all city, borough, township, and school dis-
trict offices for which candidates are to be nominated
at the ensuing primary.

Beginning not earlier than nine weeks, nor later than Duties of county

. . ,& , ° , „ , , . ,, . Commissioners.

eight weeks, before the primary, the county commis-
sioners of each county shall publish the number of dele-
gates and alternate delegates to the National conven-
tion of each party who are to be elected in the State
at large at the ensuing primary, and the number of
such delegates and alternate delegates and State com-
mitteemen who are to be elected at said primary in
said county, or in any district of which such county
or part thereof forms a part; and shall also publish
the names of all offices for which nominations are to be
made, and the names of all party offices, including that
of members of the National committee, if any, and State
committeemen, for which candidates are to be elected
at said primary in said county, or in any district of
which such county or part thereof forms a part, or
in the State at large. Said notice shall contain the
date of the primary, and shall be inserted in two news-
papers of general circulation published within the
county, wherever such course is possible, at least once
each week for three successive weeks. Such newspa-
pers, so far as practicable, shall be representative of
the two different political parties polling the highest
vote in such county at the last preceding November
election, the highest vote cast within the county for
any candidate of a party being deemed to be the vote
of that party.

Section 5. Official primary ballots for each party Primary baiiota.
shall be prepared by the county commissioners. These
ballots shall be printed on white paper of uniform
quality, and shall be uniform in size, style of printing,
and general appearance. The ballot for each party
shall be in the following form : —

Publication.

6

Instructions.

Primary Ballot.

(Name of Party).

District, Ward, City of

County of State of Pennsylvania.

Primary held on the day of , 19. . .

Make a cross (X) in the square to the right of each
candidate for whom you wish to vote. If you desire
to vote for a person whose name is not on the ballot,
write or paste his name in the blank space provided for
that purpose.

Form of balltt.

President of the United States.

(Vote for one)

John Doe,

Richard Roe,

John Stiles,

United States Senator.

(Vote for one)

John Doe, '.

Richard Roe,

John Stiles,

Governor.

(Vote for one)

John Doe,

Richard Roe,

John Stiles,

Representative in Congress at Large.

(Vote for )

John Doe,

Richard Roe, .

John Stiles,

Representative in Congress . . .

(Vote for one)

. . .District.

John Doe, ^.

Richard Roe,

John Stiles,

Delegate at Large to National Convention.

(Vote for )

John Doe,

(Promises to support popular choice of party in the State for President)

John Stiles,

(Does not promise to support popular choice of party in the State

Delegate to National Convention, . . . District.

(Vote for )

John Doe,

'Promises to support popular choice of party in district for

President)

John Stiles,

(Does not promise to support popular choice of party in.
district for President),

8

State Senator

(Vote for one)

. District.

John Doe,

Richard Roe,

John Stiles,

State Committeeman.

(Vote for )

John Doe,

Richard Roe,

John Stiles,

District Attorney.

(Vote for one)

John Doe,

Richard Roe,

John Stiles, .

Party Committeemen.

(Vote for )

John Doe,

Richard Roe,

John Stiles,

Under each group of names of candidates shall be
printed as many blank spaces, denned by light lines
or rules three-eighths of an inch apart, as there are
to be candidates nominated for such office.

On the back of such ballot shall be printed in promi-
nent type the Words, "Official primary ballot of

Party," and there shall also

appear on the back of such ballot the facsimile signa-
tures of the county commissioners of the county.

The ballot shall vary in form only as the names of
districts, offices, candidates, or the provisions of this
act may require. The names of candidates shall ap-
pear in alphabetical order under the respective offices.

Opposite or under the name of each candidate, ex-
cept candidates for the office of President of the United
States, who is to be voted for by the electors of more
than one county, shall be printed the name of the
county in which such candidate resides; and opposite
or under the name of each candidate who is to be voted
for by the electors of an entire county, or any Con-
gressional, Senatorial, or Representative district
within the county, shall be printed the name of the
township, borough, or ward, and city, as the case may
be, in which such candidate resides.

The voter may designate his choice as is indicated by
the instructions shown on the form of ballot above set
forth. If he shall vote for more persons for any office
than there are candidates to be nominated or elected
for such office, or if for any reason it may be impossible
to determine his choice for any office, his ballot shall
not be counted for such office, but the rest of his bal-
lot 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.

Section 6. Tbe names of candidates for nomination
as President of the United States, and the names of all
other party candidates, shall be printed upon the offi-
cial ballot of a designated party, upon the filing of nom-
ination petitions in their behalf, signed by qualified
electors of the State, or of the political district or
division, as the case may be, within which the nomina-
tion is to be made or election is to be held, and the fil-
ing of affidavits by the candidates as provided in this
act; and the names of no candidates shall be printed
upon an official ballot of a political party, to be used
at any primary, unless such petitions shall have been
filed, and unless such candidates, except they be candi-
dates for the office of President of the United States,
shall have filed affidavits, as hereinafter provided.

(a) Each signer of a nomination petition shall sign
but one such petition for each office to be filled, and
shall declare therein that he is a member of the party
designated in such petition: Provided, however, That
where there are to be elected two or more persons to

Blank spaces.

Printing on back.

Form.
Names.

Name of district.

How to vote.

Piling of nomina-
tion petition.

Affidavit.

Signers may not
sign more than
one petition for
same office.

10

the same office, each signer may sign petitions for as
many candidates for such office as, and no more than,
he could vote for at the succeeding election. He shall
also declare therein that he is a qualified elector of the
county therein named; and, in case the nomination is
not to be made or candidates are not to be elected by
the electors of the State at large, of the political dis-
trict or division therein named, in which the nomina-
tion is to be made or the election is to be held. He
shall add his occupation and residence, giving city,
borough, or township, with street and number, if any,
and shall also add the date of signing. No nomination
signing, petition shall be circulated prior to sixty (60) days
before the last day on which such petition may be filed,
and no signature shall be counted unless it bears date
within sixty (60) days of the last day for filing the
same.

-Said nomination petition may be on one or more
sheets, and different sheets must be used for signers
resident in different counties. Each sheet shall have
appended thereto the affidavit of some person, — not
necessarily a signer and not necessarily the same per-
son on each sheet, — setting forth that the affiant is a
qualified elector of the State, or of the political dis-
trict or division, as the case may be, referred to in
said petition; his residence, giving city, borough, or
township, with street and number, if any; that the
signers signed with full knowledge of the contents of
the petition; that their respective residences are cor-
rectly stated therein ; that they all reside in the county
named in the affidavit, and that each signed on the date
set opposite his name ; and that to the best of affiant's
knowledge and belief the signers are qualified electors
and members of the designated party of the State, or
of the political district or division, as the case may be.

(b). Each candidate for any State, county, or city
office shall tile, with his nomination petition, his affi-
davit stating his residence, with street and number, if
any, and his postoffice address, his election district,
the name of the office for which he consents to be a
candidate, that he is eligible for such office, and that he
will not knowingly violate any election law, or any
law regulating and limiting nomination and election
expenses and prohibiting corrupt practices in connec-
tion therewith: Provided, That in no event shall any
person's name be printed upon the official ballot of any
party as a delegate, State committeeman, National
committeeman, or party officer, unless he is a qualified
elector of said party.

In the case of a candidate for nomination as Presi-
dent of the United States, it shall not be necessary
for such candidate to file the affidavit required in this
section to be filed by candidates, but the postoffice ad-

11

dress of such candidate shall be stated in such nomi-
nation petition.

(c). Each candidate for election as delegate or al-
ternate delegate to a National party convention may
include, with his affidavit, the statement hereinafter
set forth in this section ; but his failure to include such
statement shall not be a valid ground, on the part of
the Secretary of the Commonwealth, for refusal to
receive and file his nomination petition. Such state-
ment, if any be made, shall be in substantially the fol-
lowing form :

Delegate's Statement.

I hereby declare to the voters of my political party in
the (here insert "State of Pennsylvania" if a delegate statement of
or alternate delegate at large ; otherwise, insert " . . . . delesate-

District") that if elected and

in attendance as a delegate to the National convention
of the party, I shall with all fidelity, to the best of my
judgment and ability, in all matters coming before the
convention, support that candidate for President of
the United States who shall have received the highest
number of votes cast in the (here insert "State" if a .
delegate or alternate delegate at large; otherwise, in-
sert " District") by the voters of

my party for said office at the ensuing primary, and
shall use all honorable means within my power to aid
in securing the nomination for such candidate for
President.

(Signature of candidate for delegate or alternate
delegate).

On the ballot used at a primary, after or under the
name of each candidate for delegate or alternate dele-
gate to a National party convention, shall appear the
words, "Promises to support popular choice of party in
the (here insert "State" if a delegate or alternate dele-
gate at large; otherwise, insert " District")

for President," or "Does not promise to support popu-
lar choice of party in the (here insert "State" if a
delegate or alternate delegate at large ; otherwise insert

" District") for President" according as if

the candidate included, or failed to include, the above
statement with his affidavit.

Section 7. The nomination petitions in the case of
candidates for the office of President of the United Filing of petltions*
States, Senator of the United States, member of the
House of Representatives of the United States, for
all State offices, for the office of delegate or alternate
delegate to a National party convention, and for the
office of member of the State or National committee,
shall be filed, at least four weeks prior to the primary,
with the Secretary of the Commonwealth. Nomina-

12

Number of signers
for President or
U. S. Senator.

For State offices
and delegates.

Members of Con-
gress, delegates,
Judges, Senators.

Members and
county officers.

Other offices.

Causes for refus-
ing petitions.

Invalidity of any
sheet.

Application for
setting aside of
petition.

Procedure.

tion petitions in all other cases shall be filed, at least
three weeks prior to the primary, with the county
commissioners of the respective counties.

Nomination petitions of candidates shall be signed—

(a). If for the office of President of the Unite 1
States or of Senator of the United States, by at least
one hundred qualified electors in each of at least ten
counties of the State.

(b). If for a State office, to be filled by a vote of the
electors of the State at large, for the office Of Repre-
sentative from the State at large in the Congress of the
United States, for the office of delegate or alternate
delegate at large to a National party convention, or
for the office of member of the National committee, .by
at least one hundred qualified electors in each of at
least five counties of the State.

(c). If for the office of a member of the House of
Representatives of the United States, to be filled by
a vote of the electors of a Congressional district; or
of delegate or alternate delegate to a National party
convention, other than delegate or alternate delegate at
large; or of judge of any court, other than a court
whose judges are to be elected by a vote of the electors
of the State at large; or of State Senator, by at least
two hundred qualified electors.

(d). If for the office of a member of the State House
of Representatives, or for the office of member of the
State Committee, or an office to be voted for by the
electors of the entire county, by at least one hundred
qualified electors.

(e). If for the office of inspector of election, at
least five qualified electors.

(f). And for all other offices, and all other party
offices, by at least ten qualified electors.

Section 8. No nomination petition shall be refused
or set aside except for —

(a). Material error or defects apparent on the face
thereof, or on the face of the appended or accompany-
ing affidavits; or

(b). Material alterations made after signing, with-
out the consent of the signers; or

(c). Want of a sufficient number of genuine signa-
tures of persons qualified, with respect to age, sex, resi-
dence, and citizenship, to be electors.

The invalidity of any sheet of a petition shall not
affect the validity of such petition, if a sufficient peti-
tion remains after eliminating such invalid «heet.

Application to set aside any nomination petition
shall be by petition to the court of common pleas of
the county in which such nomination petition has been
filed, setting forth specifically the matters objected to,
and must be filed within five days after the last day
for filing said nomination petition. Upon the presen-
tation of such a petition the court shall make an order

13

fixing a time for hearing, which shall not be later than
ten days after the last day for filing said nomination
petition, and specifying the time and manner of notice
that shall be given to the candidate named in the nomi-
nation petition sought to be set aside.

If the matters objected to are such as are specified
in subdivision (a) of this section, the court upon hear-
ing the case may, in its discretion, permit amendments
within such time and upon such terms as to payment of
costs, as the said court may specify.

In case the petition to set aside a nomination pe-
tition is dismissed, the petitioner shall pay the whole of
the costs of the proceeding, including all witness fees.

Section 9. The Secretary of the Commonwealth, im-
mediately after the last day fixed for the filing of said
petitions with him, shall forward to the county com-
missioners of each county a correct list of candidates of
each party for the various offices, as shown in such
petitions, with their respective residences and post-
office addresses as shown in their affidavits; and shall
also, at the same time, notify the said candidates by
mail that their names have been so certified to said
county commissioners. In the case of each candidate
for delegate or alternate delegate to a National party
convention, the Secretary of the Commonwealth shall
certify as to whether such candidate has included with
his affidavit the statement provided for in subdivision
(c) of section six of this act.

The county commissioners shall have on file in their
office, on and after the Wednesday preceding the pri-
mary, open to public inspection, forms of the ballots
with the names and such statements and notations as
may be required by the provisions of this act printed
thereon, which shall be used in each election district
within such county.

Section 10. The county commissioners shall prepare,
and furnish to the election officers for use at the pri-
maries, as many official ballots of each party as are
equal to double the largest entire vote cast for any
candidate of said party, within the election district,
at any of the last three preceding general elections:
Provided, That the county commissioners, upon re-
quest made in writing by any candidate of any party,
within four weeks prior to the primary, shall furnish
such additional number of ballots in any election dis-
trict as said county commissioners may deem neces-
sary.

The county commissioners shall also furnish speci-
men ballots for the use of electors at the polls, equal
in number to one fourth the whole number of official
ballots; said specimen ballots to be printed on colored
paper, and to be of the same size and form as the of-
ficial ballot.

On the back of each specimen ballot for the primary
next preceding the election of a President of the United

Amendment of
petition.

Costs.

Duty of Secretary
of the Common-
wealth.

Duties of County
Commisioners.

To furnish official
ballots.

Specimen ballots.

14

Ballots to be
bound in books.

County Commis-
sioners shall fur-
nish ballot boxes,
supplies, etc.

Provide polling
places, etc.

Regular election
boards to conduct
primaries.

Vacancies in elec-
tion boards.

When polls shall
be open.

Primaries to be
conducted like
general elections.

No assistance
permitted.

Exception.

States, the county commissioners shall print subdi-
vision (c) of section six of this act.

The official ballots shall be bound in books of one
hundred each, in the same manner as ballots at elec-
tions; and shall be delivered to the officers of election
in the same manner as ballots are or hereafter may
be required by law to be delivered to officers of elec-
tion, for use at elections.

The county commissioners shall prepare, and furnish
to the election officers at the primaries, such ballot
boxes, properly numbered for each election district,
lists of voters, forms, — including forms of affidavits for
obtaining assistance in marking ballots, and for voters
challenged as to identity, party membership, residence,
and bribery, — blanks, return sheets, blank books, and
other supplies as they are or hereafter may be required
to furnish by law, to said officers for use at elections,
and shall deliver them in the same manner as at elec-
tions. The said supplies shall have printed upon them
appropriate instructions, and shall be in appropriate
form for use at the primaries. They shall also pro-
vide for the opening of the polling-places, for the com-
pensation of the owners thereof, shall see that they
are in proper order and provided with voting booths,
as at elections.

Section 11. The primaries shall be conducted by
the regular election boards duly elected under existing
or future laws, who shall receive the same compen-
sation for their services as they receive at elections.
Inspectors of elections shall have the right to appoint
clerks to assist them as at elections, who shall receive
the same compensation that clerks receive for such
services at elections. Vacancies in election boards shall
be filled in the manner now provided by law. Before
entering upon their duties the election officers and
clerks shall be sworn, and execute written oaths, as
is now required by law.

The polls shall be open between the hours of seven
o'clock ante meridian and seven o'clock post meridian.
All persons licensed to sell liquors, either at whole-
sale or retail, or as bottlers, shall be compelled to keep
their places of business closed, on said days for hold-
ing said primary, only between the hours of six o'clock
ante meridian and eight o'clock post meridian.

Primaries shall be conducted in conformity with
the laws governing the conduct of general elections,
in so far as the same are not modified by the provi-
sions of this act or are not inconsistent with its terms :
Provided, That no elector shall be permitted to receive
any assistance in marking his ballot, unless he shall
first make an affidavit that he cannot read the names
on the ballot, or that by reason of physical disability
he is unable to mark his ballot.

Section 12. The county commissioners shall keep

15

an accurate account of the entire expense of holding p^JSUIg. of
such primaries, including the preparation and delivery
of supplies, voting materials, et cetera, and the total
amount shall be paid, in the first instance, by the
county treasurer, upon the order of the county com-
missioners. As soon as convenient thereafter, the
county commissioners shall prepare an itemized state- Payment of.
ment of the amount so paid, verified by oath, and send
the same, accompanied by the receipted vouchers, to
the Auditor General, who, if he finds the same correct,
shall draw a warrant on the State Treasurer, for the
proper county, for the amount so approved, which shall
be paid by the State Treasurer out of the money in
the State Treasury appropriated for said purpose.

Section 13. The qualifications of electors entitled Qualifications of
to vote at a primary shall be the same as the qualifica- voters-
tions of electors entitled to vote at elections, within the
election district where the primary is held ; except that,
with respect to the payment of taxes, it shall be suffi-
cient if an elector shall have paid within two years
before the next succeeding election a State or county
tax, which shall have been assessed at least two months
before the said election and paid on or before the day
of the primary, and, in cases where personal regis-
tration is required, on or before the registration day Registration-
on which the elector registers. Each elector shall
prove his qualifications and his identity in the same
manner in which electors in the election district in
which he offers to vote are, or hereafter may be, re-
quired by law to prove their qualifications or iden-
tity on election day, and may be challenged as at elec-
tions.

Each elector shall have the right to receive the bal-
lot of the party for which he asks: Provided, That, if
he is challenged, he shall be required to make oath or oath,
affirmation that, at the last proceding election at which
he voted, he voted for a majority of the candidates of
the party for whose ballot he asks.

If such last preceding election at which such elector PregidentIal
voted was a general election, at which Presidential electors*1 defined as
electors were voted for, he shall, in determining the tw0 candidates-
number of candidates for which he voted at such last
preceding election, count the group of Presidential
electors as two candidates.

Upon executing such affidavit the voter shall be en-
titled to receive the ballot for which he has called,
and to cast his vote according to law. If he is unable
or unwilling to make such affidavit, he shall be denied
the right to receive such ballot, but he shall not be
deemed thereby to be guilty of any violation or at-
tempted violation of this law.

Section 14. The ballot boxes, lists of voters (a copy
of which shall be posted outside of the polling-place),
and other records shall be delivered into the custody

Proof of identity.

Challenge.

Affidavit.

16

Election officers.

Counting of vote.

Certification.

Judge of elections.

Canvassing re-
turns.

Charges of fraud.

Ballot boxes to be
opened.

Duty of court.

of the officers who are or hereafter may be required by
law to keep similar records of elections.

Upon the closing of the polls at such primary, the
election officers shall forthwith proceed to open the
ballot boxes and take therefrom the ballots, and first
count the number cast for each party, and make a
record thereof; and then count the vote cast for the
different persons named upon said party ballots, and
make a record thereof; and, when said count is finally
completed, they shall certify, in due and proper form, to
the number of votes cast for each person upon the re-
spective party tickets. They shall then replace the
ballots, so counted and canvassed, in the boxes, and
lock the same. They shall then place all stubs and
unused ballots in an envelope or package to be fur-
nished by the county commissioners, and forthwith
seal the same; and they shall also place the returns of
votes and the register of voters aforesaid, for each
party, together with affidavits made pursuant to the
provisions of this act, in separate envelopes, and forth-
with seal the same. All of said envelopes shall then be
kept by the judge of election, and shall, on or before
noon of the Thursday following, be deposited by him
in person, or by registered mail, with the county com-
missioners, who shall on the succeeding day, at noon,
publicly commence the computation and canvassing of
the returns, and continue the same from day to day un-
til completed; and for that purpose to have the right
to petition the court of common pleas for the use of
its processes to enforce the provisions of this act in
relation to the returns of the election officers.

The stubs and unused ballots, and all returns of
votes, registers of voters, and affidavits, returned to
the county commssiioners as aforesaid, shall be care-
fully preserved by them for a period of at least one
year.

Section 15. Upon the sworn petition of five quali-
fied electors of any election precinct, division, or dis-
trict that any act of fraud or error, which, upon infor
mation which they consider reliable, they believe, has
been committed in any election precinct, division, or
district of the county, the court of common pleas of said
county shall order the county commissioners to open
the ballot box of such election precinct, division, or
district and recount the votes; such recount to be
conducted in such manner and under such condition
as the court shall prescribe. Any person aggrieved
by any decision of the county commissioners may ap-
peal therefrom, within ten days from the decision of
the county commissioners, to the court of common
pleas of the proper county, whose duty it shall be to
hear the said appeal. The court, on said appeal,
shall have full power and authority to hear and de-
termine all matters pertaining to any fraud or error

17

Contests.

Certification of
returns.

Tabulation.

committed in said election precinct, division, or dis-
trict, and to make such decree as right and justice may
require. Contests of primaries shall be originated and
conducted as in cases of elections.

Section 16. The county commissioners shall make
the proper certification of returns of votes cast for
the candidates of the various political parties for nomi-
nation for the office of President of the United States,
Senator of the United States, member of the House of
Kepresentatives of the United States, for all State of-
fices, for the office of delegate and alternate delegate to
a National party convention, and member of the Na-
tional committee and members of the State committee,
to the Secretary of the Commonwealth, who shall tabu-
late the same, and shall certify to the county com-
missioners of the respective counties the result of the
computation of the vote for all such offices as shall
be voted for at the succeeding election, at least thirty
days prior to the date of such election ; and shall also
certify, within said time, to said county commissioners,
the names of the Presidential electors chosen and cer-
tified to him as hereinafter provided.

The Secretary of the Commonwealth shall forth-
with prepare a statement from said returns, showing
the total number of votes cast in the State, and in
each Congressional district of the State, for each
candidate of each political party for nomination as
President of the United States, and shall make pub-
lic announcement thereof. He shall also, forthwith,
send a duplicate of such statement to the county com-
missioners of each county.

The Secretary of the Commonwealth shall also, forth-
with, ascertain from said returns the persons in each
political party who have been duly elected as delegates
and alternate delegates to the National convention of delegates
such party, and the persons in each party who have
been duly elected members of the National committee
or State committee of the party; and shall forthwith
issue to each of such persons a certificate of election,
which certificate of election, in the case of delegate and
alternate delegate to a National party convention, shall
show the number of votes received in the State, or
in the political district of the State, as the case may
be, by each candidate of such delegate's and alternate
delegate's political party for nomination as Presi-
dent of the United States. The Secretary of the Com-
monwealth shall also certify to the State chairman of
each respective party the votes cast for each candidate
for the office of State committeeman.

Section 17. Candidates of the various political par-
ties for nomination as herein provided for, except for
the office of the President of the United States, who
receive a plurality of votes of their party electors in
the State, or in the political district or division, as

Statement of Sec-
retary of the
Commonwealth.

Certification of

18

Persons receiving
a plurality of
votes shall be the
candidates.

United States
Senator.

Delegates.

Political Com-
mittees.

How decided.

the case may be, at a primary, together with the can-
didates for the office of Presidential elector nomi-
nated as hereinafter provided, shall be the candidates
of their respective parties, and it shall be the duty of
the proper officers to print their names upon the official
ballots for use at the succeeding election, as is now or
may hereafter be required by law.

The name of the person, in each political party, who
receives at a primary a plurality of the votes of such
party in the State at large for United States Senator,
shall be printed upon the official ballots for use at the
succeeding election as the candidate of his party for
said office, under the heading "United States Senator."

Candidates of the various political parties for the
office of delegate and alternate delegate at large to a
National party convention, who receive a plurality of
the votes of their party electors in the State at large,
shall be the duly elected delegates and alternate dele-
gates at large to the National convention of their re-
spective parties. Candidates of the various political
parties for the office of delegate and alternate delegate,
other than delegate and alternate delegate at large,
who receive a plurality of the votes of their party elec-
tors in the political district or division in which they
are candidates, shall be the duly elected delegates and
alternate delegates to the National convention of their
respective parties.

Candidates of the various political parties for the
office of member of the State committee, or for the
office of member of the National committee, in cases
where the rules of the party provide that such office
shall be filled by a vote of the party electors, who re-
ceive a plurality of the votes of the party electors at a
primary, shall be the duly elected members of the State
or National committee, as the case may be, of their re-
spective parties.

Candidates for other party offices, who receive a
plurality of the votes of the party electors at a primary,
shall be the party officers of their respective parties.

In case of a tie, the candidates receiving the tie vote
shall cast lots before the county commissioners or the
Secretary of the Commonwealth, as the case may be,
on the third Friday after the primary, and the one to
whom the lot shall fall shall be entitled to the nomi-
nation or election: Provided, however, That in any
case where the fact of a tie vote is not authoritatively
determined until after the third Wednesday after the
primary, the day for casting lots shall be the second
day after the fact of such tie vote is authoritatively de-
termined. If any candidate or candidates receiving a
tie vote fail to appear before twelve o'clock noon on
said day, the county commissioners or the Secretary of
the Commonwealth, as the case may be, shall cast lots
for him or them. For the purpose of casting lots any

19

candidate may appear in person, or by proxy appointed
in writing.

Where a nomination petition has been duly filed un-
der the provisions of this act, and thereafter and be-
fore the day of the primary the candidate named in
said petition dies, the original signers of said peti-
tion, or the majority of them, may sign another peti-
tion proposing a new candidate for said office, at any
time prior to the printing of the ballot. Said petition
filed shall have the same force and effect as the original
petition.

Vacancies happening or existing after the date of the
primary may be filled in accordance with the party
rules, as is now or may hereafter be provided for by
law.

Section 18. The nominee of each political party for
the office of President of the United States shall, within
thirty days after his nomination by the National con-
vention, nominate as many persons to be the candidates
of his party for the office of Presidential elector as the
State is then entitled to. If, for any reason, the nomi-
nee of any political party for the office of President of
the United States fails or is unable to make the said
nominations within the time herein provided, then the
nominee of such party for the office of Vice-President of
the United States shall, as soon as may be possible
after the expiration of said thirty days, make the nomi-
nations.

The names of such nominees, with their post-office
addresses, shall be certified immediately to the Secre-
tary of the Commonwealth by the nominee for the of-
fice of President or Vice-President, as the case may be,
making the nominations.

Vacancies happening or existing after the date of
nomination of Presidential electors shall be filled by
the nominee for the office of President or Vice-Presi-
dent making the original nomination. Nominations
made to fill vacancies shall be certified to the Secretary
of the Commonwealth in the manner herein provided for
in the case of original nominations.

Section 19. Any of the candidates for nomination,
including candidates for President of the United States,
to be voted for at a primary under this act, may, at any
time before four o'clock of the Friday next succeeding
the last day fixed for filing nomination petitions, with-
draw his name as a candidate, by a request in writing,
signed by him and acknowledged before a notary pub-
lic or justice of the peace and filed with the Secretary
of the Commonwealth, if such candidate filed his nomi-
nation petition with the Secretary of the Common-
wealth, and in all other cases with the county commis-
isoners.

The Secretary of the Commonwealth, upon the filing

When vacancy
occurs before
primary.

Vacancies after
primary.

Candidates for
President to nomi-
nate electors.

Certification of
nominees. •

Vacancies Presi-
dential Electors.

Withdrawal of
candidates.

20

Certification.

Overseers at pri-
mary.

Watchers.

Election officers.

Misdemeanor.

Penalty. Threaten
watchers or over-
seers a misdemea-
nor.

Unqualified signers
to petitions
guilty of misde-
meanor.

of requests for withdrawal in the manner herein pro-
vided, shall forthwith certify to the county commis-
sioners of the proper county a correct list of candi-
dates filing such requests.

Section 20. Upon the petition of five or more citi-
zens, who are lawful voters of any election district,
setting forth that the appointment of overseers is a
reasonable precaution to secure the purity and fair-
ness of the primary in said district, it shall be the duty
of the court of common pleas of the proper county, in
its discretion, to appoint two overseers of election in
said district, who shall be entitled to remain within
the polling-place during the casting and counting of the
ballots.

Section 21. Each candidate shall be entitled to ap-
point two watchers at the primary in each election dis-
trict, division, or precinct in which such candidate is
to be voted for, who shall be qualified electors of the
district, division, or precinct. Each watcher shall be
provided with a certificate from the county commis-
sioners, stating his name, the district in which he is
authorized to act, and the name of the candidate ap-
pointing him, and shall have the right to remain in
the room outside of the enclosed space. Watchers
shall be required to show their certificates, when re-
quested to do so.

In any election officers officiating at any primary
shall refuse to permit a watcher appointed under the
provisions of this act to be present as herein provided,
such officer or officers shall be guilty of a misdemeanor,
and on conviction thereof shall be sentenced to pay a
fine not exceeding one thousand (f 1,000.00) dollars, or
to undergo an imprisonment not exceeding one year, or
both, in the discretion of the court.

Section 22. Any person or persons who, by vio-
lence or intimidation, shall threaten or drive away said
watchers or overseers, shall be guilty of a misdemeanor,
and on conviction thereof shall be sentenced to pay a
fine not exceeding one thousand (f 1,000. 00) dollars, or
to undergo imprisonment for a period not exceeding one
year, or both, in the discretion of the court.

Section 23. If any person shall knowingly and
wilfully sign any nomination petition without being
qualified, with respect to age, sex, residence, and citi-
zenship to be an elector of the State, or of the politi-
cal district or division, as the case may be, named in
said petition, and a resident of the county named on the
sheet which he signs ; or if any person shall set opposite
a signature on a nomination petition a date other than
the actual date such signature was affixed thereto ; or if
any person shall set opposite a signature on the nomina-
tion petition a false statement of the signer's place of
residence; or if any person shall sign more nomination

21

Illegal voting.

petitions than permitted by the provisions of this act, — Penalty.
he shall be guilty of a misdemeanor, and upon convic-
tion thereof shall be sentenced to pay a fine of not more
than one hundred ($100.00) dollars.

If any person shall knowingly make a false state-
ment in any affidavit required by the provisions of this
act, to be appended to or to accompany a nomination
petition, or if any person shall fraudulently sign any
name not his own to any nomination petition, or if
any person shall fraudulently alter any nomination pe-
tition without the consent of the signers, he shall be
guilty of a misdemeanor, and upon conviction thereof
shall be sentenced to pay a fine of not more than five
hundred ($500.00) dollars, or to undergo imprisonment Penalty,
for not more than one year, or either or both, at the
discretion of the court.

Any person who shall vote or attempt to vote more
than once at a primary shall be guilty of a misdemea-
uor, and upon conviction thereof shall be sentenced to
pay a fine not exceeding five hundred ($500.00) dollars,
or to undergo imprisonment for a period not exceeding
three years, or either or both, at the discretion of the
court.

Any person who votes or attempts to vote at a pri-
mary, knowing that he does not possess the qualifica-
tions of a voter at such primary as indicated by this
act, or who shall have unlawfully in his possession an
official ballot outside the polling-place, shall be guilty of
a misdemeanor, and upon conviction thereof shall be
sentenced to pay a fine not exceeding one thousand
($1,000.00) dollars, or to undergo an imprisonment for
a period not exceeding one year, or either or both, in
the discretion of the court.

Any voter who, for the purpose of securing assist-
ance in marking his ballot, shall falsely make oath or
declare that he cannot read the names on the ballot,
or that by reason of physical disability he is unable
to maPk his ballot; or who, without having made the af-
fidavit provided for in this act, that he cannot read the
names on the ballot, or that by reason of physical dis-
ability he is unable to mark his ballot, shall permit
another to accompany him into the voting compartment,
or shall permit another person to mark his ballot for
him; or any person who shall assist a voter in mark-
ing his ballot contrary to the provisions of this act, or
who shall attempt to influence the vote of the voter
whom he is assisting, or who shall mark a ballot in
any other way than that requested by the voter whom
he is assisting, — shall be guilty of a misdemeanor, and
upon conviction thereof shall be sentenced to pay a fine
not exceeding five hundred ($500.00) dollars, or to
undergo imprisonment for a period not exceeding one
year, or either or both, at the discretion of the court.

False statement
in affidavit.

False statement
to secure assist-
ance in voting a
misdemeanor.

Penalty.

22

Tolico officer.

Penalty.

No police officer in commission, whether in uniform
or in citizens' clothes, shall be within one hundred
feet of a polling-place during the conduct of a pri-
mary, unless in the exercise of his privilege of voting,
or for the purpose of serving warrants, or in case of dis-
turbance of the peace; and any police officer being so
present, within one hundred feet of a polling- place, dur-
ing the conduct of a primary, except for the purposes
specified, shall be guilty of a misdemeanor, and upon
conviction thereof shall be sentenced to pay a fine not
exceeding five hundred ($500.00) dollars, or to undergo
imprisonment for a term not exceeding one year, or
either or both, at the discretion of the court,
megai assistance. Any person who shall accompany a voter into a vot-
ing compartment without the said voter having first
made affidavit, as provided in this act, that he cannot
read the names on the ballot, or that by reason of phy-
sical disability he is unable to mark his ballot ; or who
shall accompany a voter into the voting compartment,
when the affidavit which the voter has made is false, to
the knowledge of such person ; or any judge of election
who shall fail to properly file and return affidavits and
other papers, required by this act or by law to be filed
and returned to the county commissioners, — shall, for
each such offense, be guilty of a misdemeanor, and upon
conviction thereof shall be sentenced to pay a fine not
exceeding one thousand ($1,000.00) dollars, or to un-
dergo imprisonment for a period not exceeding two
years, or either or both, at the discretion of the court.

Any election officer who permits a person to vote at
any primary, with the knowledge that such person is
not so entitled to vote, or refuses to permit any law-
fully entitled elector to vote at such primary, with the
knowledge that such person is entitled to vote, shall be
guilty of a misdemeanor, and upon conviction thereof
shall be sentenced to pay a fine not exceeding five hun-
dred ($500.00) dollars, or to undergo imprisonment for
a period not exceeding three years, or either or both, at
the discretion of the court.

Any election officer or clerk who shall be guilty of
any wilful fraud in the conduct of his duties at a pri-
mary, or who shall make a false return of the votes cast
at such primary, or who shall deposit fraudulent bal-
lots in the ballot box, or who shall certify as correct a
return of ballots in the ballot box which he knows to
have been fraudulently deposited therein, or who shall
write false names in the lists of voters for the purpose
of concealing the deposit of such fraudulent ballots or
of aiding in the perpetration of such fraud, or who shall
conspire with others to commit any of the offenses here-
in mentioned, shall be guilty of a misdemeanor, and
upon conviction thereof shall be sentenced to pay a fine
not exceeding five hundred ($500.00) dollars, or to un-

Penalty.

Election officers
violating law.

Penalty.

Misdemeanor.

Penalty.

23

Penalty.

Misdemeanor.

dergo imprisonment for a period not exceeding three
years, or either or both, at the discretion of the court.

Any election officer who refuses to permit a person Misdemeanor.
to receive the party ballot for which he asks, after hav-
ing executed the affidavit herein provided for, shall be
guilty of a misdemeanor, and upon conviction thereof
shall be sentenced to pay a fine not exceeding one thou-
sand ($1,000.00) dollars, or to undergo an imprison-
ment not exceeding two years, or either or both, in the
discretion of the court.

Any person who shall, directly or indirectly, give,
or promise or offer to give any gift or reward in money,
goods, or other valuable thing, to any person, with in-
tent to induce him to vote or refrain from voting for
any particular candidate or candidates at any primary ;
or shall, directly or indirectly procure for, or offer
or promise to procure for, such person, any such gift or
reward, with the intent aforesaid; or shall, with the
intent to influence or intimidate such person to give his
vote or to refrain from giving his vote for any particu-
lar candidate or candidates at any primary, give to or
obtain for, or assist in obtaining for, or offer or promise
to give to or obtain for, or assist in obtaining for, such
person, any office, place, appointment, or employment,
public or private; or threaten such person with dis-
missal or discharge from any office, place, appointment,
or employment, public or private, then held by him, —
the person so offending shall be guilty of a misdemeanor
and on conviction be sentenced to pay a fine not ex-
ceeding five hundred (f 500.00) dollars, or to undergo
imprisonment for a period not exceeding three years, or
either or both, at the discretion of the court.

Except as modified by the terms of this act, elec- violations of
tion officers and clerks shall be subject to the same primary law'
pains and penalties for violations or neglect of their
duties at a primary as they are or hereafter may be
subject to for violations or neglect of such duties at
elections. In all other respects, officers and clerks of-
ficiating at primaries shall be subject to the pains and
penalties provided by law for offenses committed at
primaries. The existing laws relating to bribery at
primaries, except as modified by the terms of this act,
shall continue in force and shall apply to bribery at
primaries as provided by this act.

Section 24. The invalidity of any portion of this act ValIdlty of act-
shall in no wise affect the validity of any other portion
thereof which can be given effect without such invalid
portion.

Section 25. That the following acts of Assembly;
namely, an act of Assembly, entitled "An act provid-
ing a uniform method of electing certain party offi-
cers, and delegates to the State and National conven-

Penalty.

Repeal.

24

tions, and of making nominations for certain public of-
fices; providing for the payment of the expenses of the
same; making certain violations thereof misdemeanors,
and prescribing penalties for the violation of its pro-
visions," approved the seventeenth day of February,
Anno Domini one thousand nine hundred and six, and ;

Repeal. An act of Assembly, approved the twenty-second day

of May, Anno Domini one thousand nine hundred and
seven, entitled "An act to amend section twelve of an
act, entitled 'An act providing a uniform method of
electing certain party officers, and delegates to the
State and National conventions, and of making nomi-
nations for certain public offices; providing for the
payment of the expenses of the same making certain
violations thereof misdemeanors, and prescribing penal-
ties for the violation of its provisions,' approved the
seventeenth day of February, Anno Domini one thou-
sand nine hundred and six;" and

Repeai. An act of Assembly, approved the sixth day of April,

Anno Domini one thousand nine hundred and eleven,
entitled "An act to amend sections two, three, ten, and
eleven of an act, entitled 'An act providing a uniform
method of electing certain party officers, and delegates
to the State and National conventions, and of making
nominations for certain public offices; providing for
the payment of the expenses of the same; making cer-
tain violations thereof misdemeanors, and pre-
scribing penalties for the violation of its pro-
visions/ approved the seventeenth day of Feb-
ruary, Anno Domini one thousand nine hundred and
six, by providing for only one primary election each
year, in place of two; fixing the time for holding the
same ; providing what political party shall be entitled to
participate therein, and what voter shall be entitled
to participate in such primary; fixing the time for the
election of party officers, and changing time for the
certifying by the Secretary of the Commonwealth of the
computation of the vote for State offices;"

And all other acts or parts of acts, inconsistent with
this act, be and the same are hereby repealed: Pro-
vided, however, That the repeal of said acts shall not
in any way interfere with or affect any proceeding pend-
ing at the date of the approval of this act: And pro-
vided further, That nothing herein contained shall re-
peal any act, or part of act, providing a non-partisan
method of nominating or electing candidates for any
public office, — it being intended that any .provisions of
this act for the nomination of candidates for any such
office shall be suspended while such other act or part of
act remains in force.

This act shall not effect any nominations of candi-

Repeal.

25

affSted!ions not dates for borough and township offices, which have
boen made prior to the time of the passage of this
act.

Approved— The 12th day of July, A. D. 1913.

JOHN K. TENER.

The foregoing is a true and correct copy of the act
of the Genera] Assembly, No. 400.

Secretary of the Commonwealth.

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UNIVERSITY OF CALIFORNIA LIBRARY