Constitutional amendment, laws and measures ... [to be] submitted to the electors of this state at the next general election, to be held on the 4th day of November, 1912

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GIFT OF

GIFT
^OV 6 1914

The following Constitutional Amendment, Laws and Measures
are submitted to the electors of this state at the next general elec-
tion, to be held on the 4th day of November, 191 2 :

CONSTITUTIONAL AMENDMENT

One

That Section 2 of Article XI of the Constitution of the State of
South Dakota be amended so as to read as follows:

§ 2. All taxes shall be uniform on all property and shall be levied
and collected for public purposes only. The value of each subject of
taxation shall be so fixed in money that every person and corporation
shall pay a tax in proportion to the value of his, her or its property.
Franchises and licenses to do business in the state, gross earnings and
net income, shall be considered in taxing corporations and the power
to tax corporate laoi-erty shall not, be surrendered or suspended by
any contract or grant to which the state shall be a party. The legis-
lature shall provide by general law for the assessing and levying of
taxes on all corporate property, as near as may be by the same methods
as are provided for assessing and levying of taxes on individual prop-
erty.

Measures and Laws submitted to the elector!^ of tlii^^ Sfato, to l)e
voted upon at the next general election.

1

AN ACT Entitled, "An Act to Provide for Regulation of Political Party
Transactions; for the Purpose of Determining Organic Provi-
sions and Definitions of Terms, Party Enrollment, Party Organ-
ization, Independent and Representative Proposals of Candidates
for Party Nomination, to Elective Offices, Official Primary Ballot,
Conduct of Primary Elections, Official Party Endorsement of U.
S. Senators and Appointive. Government Positions Other than
Postmasters, Postmaster Primary, Party Recall, Official State Pub-
licity Pamphlet, Violations, Penalties and Contests.

Whereas, Under the Provisions of Section 1 of Article 3, of'
the Constitution of the State of South Dakota, and Article 3 of
Chapter 2, of the Political Code of the State of South Dakota, a
Petition Has Been Filed in the Office of the Secretary of State,
Signed by More than Five Per Centum of the Qualified Electors
of the State in the Manner and Form Therein Directed, Petition-
ing that the Following Proposed Law be Enacted, and Submitted
to a Vote of the Electors of the State at the Next General Elec-
tion, to be Held in the Year 1912, Certified Copies of Said Peti-
tion Having Been Transmitted to the Senate and House of Rep-
resentatives by the Secretary of State.

15c it Enacted by the Legislature of the State of South Dakota:

§ 1. That the following Act be and the same is hereby enacted
and submitted to the electors of this state at the next general election,
for their approval:

AN ACT, to provide for regulation of political party transactions:
for the purpose of determining organic provisions and definition of
terms, party enrollment, party organization, independent and represen-
tative proposals of candidates for party nomination, to elective offices,
official primary ballot, conduct of primary elections, official party en-
dorsement of U. S. Senators and appointive government positions other
than postmasters, postmaster primary, party recall, official state pub-
licity pamphlet, violations, penalties and contests.

Be it Enacted by the People of the State of South Dakota:

The following words and phrases used in this Act shall, unless
the same be inconsistent with the context, be construed as follows:

Article 1. — Organic Provisions and Definitions of Terms

§ 0. The words "unit representation" shall mean that any com-
mitteeman representing the party electors of his precinct, county or
state, at the regular party organization meetings or at minority or ma-
jority proposal committee meetings, shall have the right to cast the full
number of votes as shown by the last official primary returns to have
been voted in his precinct, county, or state as a total party vote; or
separate district, circuit, county, -or state,, vote in favor of the minority

or the majority committee proposals with which such minority or ma-
jority committeeman may he affiliated.

§ 1. The word "party" shall mean any political organization
which has heretofore maintained a state organization and has had
candidates for state offices on the official ballot at general election, or
which, at any general election, shall hereafter poll at least ten per
cent of the total vote cast for governor, for an independent candidate.

§ 2. The word "enrollment" shall mean the official registration
of electors as party members.

§ 3. The word "elector" shall mean an enrolled party elector.

§ 4. The word "primary" shall mean the March primary party
election provided for by this act to determine party nominations of
candidates and party principles.

§ 5. The words "official party endorsement" shall mean the act
of determining the party recommendation of candidate for United
States senator by a direct primary vote, and for appointive offices by
postmaster primary, or by the regular party central committee, or the
state and county party chairman and party national committeeman,
as hereinafter provided.

§ 6. The words "November election" shall mean the general
election held in November.

§ 7. The word "precinct" shall mean a district established un-
der the law within which qualified electors vote in one polling place.

§ 8. The words "postmaster primary" shall mean a municipal
party primary election for the endorsement of a party candidate for
postmaster.

§ 9. Public places for posting notices shall include the outer
door of polling places, the postoffice lobby, if any, and the front outside
door of any public building or any other place where notices are usually
posted.

§ 10. The words "party platform" shall mean the declaration of
principles and propositions which have received the highest number
of party votes for governor at the primary.

§ 11. The principles proposed by any independent candidate or
committee proposal candidate, as printed in the state publicity pam-
phlet, receiving the highest number of votes for governor at the pri-
mary shall immediately become the regular party platform at the fol-
lowing general election.

Provided, further, if there shall be any principles in such nominat-
ing party platform pertaining to national affairs, delegates and alter-
nates to party national conventions shall become bound and instructed
to work and vote for such principles in the national convention.

§ 12. The words "party central committee" shall mean an elect-
ed body of enrolled party members constituting the regular party or-
ganization; one party county central committeeman from each precinct
within each county to constitute the party county central committee:
and one party state committeeman from each county to constitute the
party state central committee.

§ 13. The words "majority proposal committee" shall mean an
elected representative body of party electors of one party consisting of
one member from each county to constitute the state majority proposal
committee and one member from each precinct to constitute the county
majority proposal committee, authorized to promulgate principles and
propose group candidates and representing the principles of the party
candidate nominated for governor at the last primary.

§ 14. The words "minority proposal committee" shall mean an
elected representative body of party electors of one party consisting
of one member from each county to constitute the state minority pro-
posal committee and one member from each precinct to constitute the
county minority proposal committee authorized to promulgate prin-
ciples and propose group candidates and representing the principles
of the party candidate receiving next to the highest vote for the nomi-
nation of governor at the last primary held under the provisions of
this Act.

§ 15. The committeemen composing the county majority or
minority proposal committees may meet in the court room at the coun-
ty court house on the last Friday in December in each odd numbered
year, and each committee may retire to self-appointed separate rooms
in the court house to propose principles and indorse candidates for
state and congressional offices for the purpose of instructions to the
state proposal committeeman of the minority or majority, who shall
represent the county, at the state proposal committee meeting at the
state capitol, on the first Monday in January following; but when the
state majority and minority proposal committee principles shall have
been decided upon by a majority of the representative vote of the
resijective state coramittee members present, as a proposal for a party
state platform to be nominated at the primary then all circuit, county
or district committee proposals of principles must be in conformity
with either the majority or minority state committee proposal prin-
ciples, summary of principles or motto, to entitle the circuit, county or
district proposal committee candidates to the use of either the ma-
jority or minority column as hereinafter designated, upon the official
primary ballot. The county auditor shall cause no candidate's name
for county, circuit or district offices to be printed upon official primary
ballot under committee proposals in either the minority or majority col-
umn unless the principles and motto filed conform to the principles
adopted by the state majority or minority committee proposal, except
that a motto of county platform principles, not to exceed eight words,
and not to conflict with the state platform principles of the minority
or the majority under which proposed, may be added, immediately un-
der the state summary of principles, and designated, as the county
motto in the column of the minority or majority on the official primary
ballot.

§ IG. The word "independent" shall mean any individual can-
didacy in the independent column.

§ 17. The word "declaration" shall mean a statement signed by
the party candidate and attached to his filing papers before his name
shall appear on the official primary ballot.

§ 18. The words "summary of principles or motto" shall mean
a condensed statement of principles and propositions expressed in not
to exceed sixteen words for state summary of principles and eight
words for county motto for use as a heading for candidates proposed
by the majority and minority committee on the official primary ballot.

§ 19. The words "political record book" shall mean a public re-
cord kept by the secretary of state, in which record shall be entered
the independent and group proposals of principles and names of all
party candidates in the order filed.

§ 20. The word "clerk" shall mean the clerk, secretary or aud-
itor keeping the records of any village, toWn, city or township.

§ 21. The words "party recall" shall mean the right and official
act of the regular party organization, for the causes and under the

restrictions herein provided, to request the resignation o£ any public
oflaclal who has been elected or appointed, to office as a party candi-
date; except judges of the supreme and circuit courts.

§ 22. The words "publicity pamphlet" shall mean the official
state publicity pamphlet compiled by the secretary of state from the
political record book and filings made by party candidates in his office.

§ 23. The words "official primary ballot" shall mean the official
party ballot, printed by the auditor of each county for each party and
used at the party primaries on the fourth Tuesday in March in the
even numbered years in the order and form designated in section 72
of this act; but no candidate's name shall appear upon the official pri-
mary ballot more than once in the same primary except the names of
candidates for judges of the supreme and circuit court, who may be
endorsed by the minority and majority proposal committee and whose
names may appear in each of the three candidate columns hereinafter
designated upon the official primary ballot.

§ 24. Hereafter all party candidates for all of the elective con-
gressional, state, county, legislative and district offices, and for the
office of United States senator and presidential electors, and all party
delegates and alternate delegates to the national conventions and all
precinct, county, state and national committeemen, party state chair-
men and majority and minority proposal committeemen shall be nom-
inated, and party representatives elected, at the primary held in ac-
cordance with the provisions of this Act. All other proposals of such
candidates shall be by petition in the manner now provided by law.

§ 25. The Act shall not apply to municipal, town, township
and school district offices, but may be adopted by either by a majority
vote upon such proposition at any election held therein.

Article 2. — Party Enrollment

§ 26. Enrollment] No elector in the state of South Dakota
shall be permitted to vote at any party primary unless he is duly en-
rolled, as herein required.

§ 27. Duty of County Auditor — Enrollment Book] The county
auditor of each county shall, on or before the first day of January of
each odd numbered year, provide suitable enrollment books, one for
each voting precinct in his county, so arranged, printed and bound
that there shall be ten columns across two pages; the first column for
the enrollment numbers of the electors; the second for the surnames
of the electors; the third for the Christian names of electors; the
fourth, the place of residence; fifth, the occupation; sixth, the post-
office address; seventh, the name of the political party affiliating with;
eighth, for the record of transfer or removal from one precinct to
another; ninth, date of enrollment; tenth, column for the signature of
each enrolled elector; and of the electors who reside in the city or in-
corporated village, the residence of each shall be given by number of
the dwelling, if any, or the name of the street, and if not, a descrip-
tion of the locality of the same, and of the electors of each township,
the quarter section upon which the elector resides shall be given; and
the said county auditor shall deliver said books on or before the first
day of January of each odd numbered year to the clerk of each village,
town, city or township of his county in person or by registered mail

§ 28. Duties of Clerk — Enrollment] It shall be the duty o^ the
clerk of any. village, town or township from and after January
trat and up to and including October 31st of each odd numbered year
to enroll in the enrollment book furnished by the county auditor, an'

elector ot his village, town, city or township then qualified to vote, or
any person who shall arrive at the age of majority on or before the
day of holding any primary, by entering In the enrollment hook of the
proper precinct, the information and facts required by section 27 of
this Act to be given by each elector, and to require such elector to sign
the said entry in the column provided for signature and to return said
enrollment book or books so made to the county auditor on the first day
of November of each odd numbered year in person or by registered
mail.

§ 29. Duties of Auditor — Enrollment] It shall be the duty of
the county auditor from and after November first, preceding January
first of each even numbered year, to enroll any elector applying for en-
rollment and to make the same record as provided for in Section 27 of
this Act and to require the signature of such elector in the proper pre-
cinct enrollment book.

§ 30. Enrollment List — How Prepared for Primary] It shall
be the duty of the county auditor from and after January first of each
even numbered year to prepare two certified and sealed enrollment list
copies of each precinct enrollment book for each party separately, for
each precinct, arranged alphabetically and consecutively numbered,
and deliver the same through the auditor to the respective election of-
ficers of any primary with the other primary election supplies.

§ 31. Enrollment and Certificate — After Moving] The county
auditor shall, from and after January first and before any primary is
held, in each even numbered year, on the verified application of any
enrolled party elector of his county or of any county of this state, as
shown by sealed certificate to that effect of any county auditor of this
state, showing a change of residence of such elector, note such change
on the enrollment book as to the precinct in this county such applicant
removed from, and enter his enrollment in the enrollment book of the
precinct moved to, provided such application is made on or before the
eleventh day preceding any primary to be held; and, provided further,
that the auditor certify said qualification and change of residence
and number of the enrolled elector on the enrollment book, if the en-
rollment list has been transmitted to the primary election officer, and
deliver said certificate to said applicant and such certificate shall entitle
the identical person therein named to vote at said primary for the
party candidates of his party in the precinct of his acquired residence,
otherwise qualified to vote.

§ 32. Enrollment of Persons Arriving at Majority Before Pri-
mary] Any person arriving at the age of majority on or before the
day of the holding of any primary shall be entitled to vote as a party
member by enrolling in the same manner as any other qualified voter.

§ 33. Special Enrollment — If Absent or Sick] Any elector de-
siring to vote at any primary who is unable on account of sickness or
absence to enroll as a party member in person, may do so within the
time fixed for enrollment by making an affidavit setting forth the facts
and information required for enrollment and filing the said affidavit
with the clerk or auditor then having the custody of the enrollment
book of the elector's precinct, whose duty it shall then be to enter said
elector's name on the record and note . in the place for signature,
"affidavit filed."

§ 34. Expenses of Enrollment — How Paid — Paper — Where
Filed] The county shall pay all expenses of enrollment of elector*
and ar affidavits of enrollment filed with any clerk shall be delivered
to and filed by the county auditor with the enrollment book or booki,
and all certificates of enrollment accepted at the primary shall be re-
turned with the primary returns and filed by the county auditor.

Article 3. — Party Organization

§ 35. County Committeemen — How Elected] The party elec-
tors of each precinct may, at each primary, by ballot, elect one party
elector as party county central committeeman who shall represent all
the party electors of his party in such precinct in the regular party
county organization, and shall continue to act until his' successor is
elected; and the party county central commtteemen so elected shall
constitute 'the party county central committee. The precinct party
electors affiliated with the majority of the party may also elect one
party elector for county majority proposal committeeman who shall
represent the majority of that party from that precinct at county ma-
jority proposal committee meetings for the purpose of proposing ma-
jority group principles and candidates for the following primary. The
precinct party electors affiliated with the minority of the party may
also elect one party elector for county minority proposal committeeman
who shall represent the minority of that party from that precinct at
county minority proposal committee meetings for the purpose of pro-
posing minority group principles and candidates for the following pri-
mary.

§ 36. County Committeemen — Ballot — How Provided] The
county auditor shall furnish for each precinct and deliver with the
other election supplies, a sufficient number of blank party organization
precinct ballots for each party separately, for the election of a party
county central committeeman and a county majority and minority
proposal committeeman for said precinct and in the following form:

PARTY ORGANIZATION PRECINCT BALLOT

To vote your choice for party county central committeeman, write
in the name of one resident party elector on the blank line provided
below.

Vote for only one county proposal committeeman by writing in
the name of one resident party elector of your choice for either the
minority or the majority. Leave one of the two last lines blank.
...-,. Precinct

(Write in name of precinct)
For Party County Central Committeeman,

(Write in name of your choice)
For County Minority Proposal Committeeman.

(Write in name of your choice)
For County Majority Proposal Committeeman.

(Write in name of your choice)

§ 37. County Committeeman Primary — How Conducted] The
Judges in charge of the precinct primary shall officially stamp or write
on the "party organization precinct ballot," the precinct, and deliver
one to each elector belonging to said political party, at the time of
handing him the regular official party primary ballot, and said elector
receiving said ballot shall vote it by writing the name of one of his
party electors in the place designated for party county central com-
mitteeman, and by v/riting the name of another of his party electors
In one of the places designated for county majority or minority pro-
posal committeeman, according to his choice, and after so voting, the
judges shall receive, and place same in the ballot box and count and
canvass all such votes cast. The candidates receiving the highest num-
ber of votes cast by his party in the precinct for party county central

8

committeeman, county majority or minority pit>i»osal committeeman,
shall be elected and the judges and clerks of said primary shall make
returns, on the party primary poll book, of the election of said commit-
teeman.

Any party elector may propose the name of any resident party
elector as candidate for party county central committeeman or county
minority or majority proposal committeemen by filing such name or
names in writing, with the superintendent of election who shall make
a list of the same, which shall be posted in a convenient place for the
information of the voters. No provision for writing or printing the
name of candidates for such county committeemen shall be made on
the regular official primary ballot.

§ 38. County Central Committees — How Formed] The party
elector chosen as party county central committeeman shall represent
all the party electors of his precinct and the respective county central
committeemen within one county shall constitute the party county
central committee in the regular party organization, and shall continue
to act until his successor is elected, and shall vote by unit representa-
tion at all meetings.

§ 39. Party County Chairman — How Elected] The chairman
of the party county central committee of each political party shall be
elected by the nominated candidates for county and legislative offices,
together with the elected party county central committeemen of the
county who shall meet at 1 o'clock p. m. on the fourth Tuesday after
the primary date in the court house or place where the court was last
held, at the county seat; and a majority vote of candidates and com-
mitteemen present shall constitute an election.

§ 40. Party State Central Committee — How Elected] The party
electors of each county may, at each primary by the official primary
ballot, elect one party elector as party state central committeeman, who
shall represent all the party electors of his party in such county in the
regular party state organization, and shall act until his successor is
elected, and such party state central committeeman, so elected, one
from each county, shall constitute the party state central comm-ttee
and shall vote by unit representation at all committee meetings.

§ 41. Party State Chairman — How Elected] The party elec-
tors of the state may at each primary, by official primary ballot,
elect one party elector as chairman of the party state central com-
mittee, who shall continue to act until his successor is elected.

§ 42. National Party Committeeman — How Elected] The party
electors of the state may at the primary held in March, 1912 and quad-
rennially thereafter, elect by official primary ballot, one party elector
as national committeeman and member of the national committee of
his party.

§ 43. Party Committee Secretaries and Treasurers — How Elect-
ed] The chairman of any party central committee may appoint his
own secretary, who shall be chosen from the minority of his party.
The treasurer of any party central committee shall be elected by the
members of their respective committees. Each secretary and treasurer
shall keep suitable record books of proceedings and moneys and shall
account for funds received and expended and hand the books and
funds on hand over to his successor, and said books shall be party
property.

§ 44. State Majority and Minority Proposal Committeeman —
How Elected] The party electors of the county affiliated with the ma-
jority of the party may also elect one party elector for state majority

proposal committeeman, who shall represent the majority of that party
from that county at the state majority proposal committee meetings
for the purpose of proposing state majority group principles and can-
didates for the following primary.

The party electors affiliated with the minority of the party may
also elect one party elector for state minority proposal committeeman,
who shall represent the minority of that party from that county at
state minority proposal committee meetings for the purpose of pro-
posing state minority group principles and candidates for the follow-
ing primary.

§ 45. Preliminary Returns Through Party Organization] Party
presidential electors and delegates and alternate delegates to national
political party convention shall he chosen hy each political party at the
March primary, quadrennially, provided, however, that in order to save
time in issuing credentials to such delegates the county canvassing
boards Immediately upon canvassing the votes for delegates to the na-
tional convention, shall forward to the proper party chairman of the
party state committee an abstract showing the vote cast for the can-
didates for delegates and alternates in the several counties of the
state, and such state chairman and the secretary of said committee
shall have the power, and it shall be their duty, to canvass the same
and to issue credentials to the delegates and alternates who have re-
ceived the highest number of votes in the state.

Article 4. — Individual and Committee Proposals and Forms and

Meetings

§ 46. Independent Candidate Proposal Petition] The name of
no candidate for presidential elector, United States senator, member
of congress, state officers, including judges of the supreme and circuit
courts, national committeeman, delegates and alternates to national
conventions, party state chairman, county, legislative and district of-
fices, member of any party state central committee or member of any
state minority or majority proposal committee shall be printed upon
the official ballot used at any primary held, as herein provided, except
the candidates of one majority and one minority committee proposals
within each party as herein provided, unless at least sixty days before
the date of the primary, an individual candidate proposal petition shall
have been filed in the office of the secretary of state, or county auditor,
as the provisions of this act require, in substantially the following
form:

"INDIVIDUAL CANDIDATE PROPOSAL PETITION"

We the undersigned, qualified electors of the state of South Da-
kota do hereby promulgate the following principles:

and do hereby propose

who resides at in county

and whose postoffice address is South Dakota,

and who is an enrolled elector of the

party, for the office of to be voted for at the primary

to be held oy the fourth Tuesday of March next; and we, and each of

10

us for himself severally, do further declare that we intend to support

the candidate named herein at said primary and to vote the

ticket at the following November election.

Names of Signers | PostofRce | Precinct | County | Date of Signing

DECLARATION OF CANDIDATE

I do hereby declare that if nominated and elected, I will qualify,
adhere to the principles herewith proclaimed and obey the party recall
if invoked against me.

Signature of Candidate Residence P. O. Address

§ 4 7. Percentage of Signers Limited] Said individual proposal
petition, before the same shall be filed in the secretary of state or
county auditor's office, as the provisions of this Act require, must have
affixed thereto the signatures of not less than 2 per cent nor more than
5 per cent of the electors of the party, of which the petitioners are
members, in the state, county or district for which the candidate
is proposed, at the preceding general election, for the party candidate
for the office of governor as shown by the official returns. There shall
also be affixed thereto the executed declaration of the candidate as
shown upon the foregoing petition. It shall be unlawful for any can-
didate to secure further signatures to his petition after the required
limit has been reached.

§ 48. Individual Proposal Petition — How Made and Signed]
To each of the individual proposal petitions, as provided in Sections
46 and 4 7 of this Act, each petitioner shall affix his own signature,
with pen and ink or by indelible pencil, shall add after his name,
his voting precinct, postoffice address, county and date of signing.
No petitioner shall sign more than one such petition relating to the
same office in the same year, and no name shall be counted upon
such petition unless the same appears upon the party enrollment
books and to have been signed within three months prior to the hold-
ing of the primary before which the person in whose behalf it is filed
is to be a candidate. It shall not be necessary that one paper shall
contain all the signatures, but a single petition may be made up of
one or more papers, each having the requisite heading. Separate
papers in the proper form and duly signed, may, before filing, be
bound together and shall be regarded as one petition, and be suffi-
cient if the aggregate number of signatures upon all is not less, nor
more than, the number required by this act. Blank lines upon addi-
tional sheets, secure^'y fastened to a top sheet having the prescribed
heading, may be used in obtaining signatures and shall be regarded,
together with the top sheet having the proper heading, as one paper.

§ 49. Legislative District Proposal Petitions] In legislative
districts composed of more than one county, the individual proposal
petition in behalf of a candidate for the legislature from such district
shall be filed in the office of the county auditor of the county in said
district in which said candidate resides at least sixty days prior to
the holding of the primary; and within five days thereafter said audi-

i ]

tor shall make a certified copy or copies thereof, as the case may be,
and forward the same to the auditor of each other county in said legis-
lative district for filing. Said individual proposal petition shall he
substantially in the same form as provided in Sections 46 'and 47 of
this Act, with the same requirements as to signatures and form of exe-
cution and declaration; and the timely filing thereof shall entitle the
candidate to have his name printed upon the official ballot used by his
party at the primary in each county in such legislative district.

§ 50. Proposal Petition for Judges] All candidates for judges
of the supreme and circuit courts shall file individual proposal peti-
tions 90 days before the primary date and their names shall appear
in the independent column upon the official primary ballot, but may
be endorsed by either the majority or minority proposal committee.
But no candidate for judge of the supreme or circuit court shall be re-
quired to sign the recall declaration, but shall be required to sign a
declaration to the effect that he will qualify if elected.

§ 51. Majority and Minority Proposal Committee — State Meet-
ings] The members of the respective state majority and minority
proposal committees which have been elected in the manner herein
provided at the last primary, or by mass conference, called in each
county for the election of the first committee membership, as especially
provided for in Section 53 of this Act, for state majority and minority
committees, shall assemble on the first Monday in January at 10
o'clock a. m., in each general election year, and the first state majority
proposal committees shall convene in the assembly hall; and the first
minority proposal committees shall convene in the senate chamber at
the state capitol at Pierre, South Dakota, and each committee shall
retire to self-appointed rooms in the capitol building and the mem-
bers present shall constitute a quorum and shall at all times act with-
out sub-committees, as a committee of the whole, sitting in open and
public session, and shall proceed to organize by the election of a chair-
man and a secretary for each committee and then promulgate sepa-
rately, majority or minority principles, prepare separate sum-
mary of principles from such principles for the ballot, limited
to sixteen words, and propose majority or minority candi-
dates for presidential electors, congressional and state offices
and party representatives in the manner required for committee pro-
posals, as per blank forms hereinafter provided, which when duly sign-
ed by the majority of the members present at any committee meeting
and the declaration thereon signed by the candidates, shall be filed
within seven days from date of said meeting by the chairman or secre-
tary, together with the roll of the members present, with the secretary
of state. Proposals when so made and filed, shall entitle the respective
summary of principles, and name of candidates thus proposed, limited
to one candidate for each office, to be printed on the official primary
ballot in separate column as herein provided, and thereafter said pro-
posal committee shall cease to exist except to fill vacancies. Each
state proposal committeeman shall at state committee proposal meet-
ings be entitled to vote by unit representation. Each member of the
minority or majority proposal committee who shall attend such state
meeting, shall receive payment of five cents per mile for each mile
necessarily traveled in going to and returning from such meeting by
filing a written receipted sworn statement thereof with the secretary
of state, who shall deliver same to the state auditor who shall see to its
auditing and forward a warrant therefor, to the person who filed such
■tatement, it being the intention hereof that the state shall pay all
expenses of mileage herein provided.

it

§ 52. Proposal Committee — County :^feetings] The members
of the respective county majority and minority proposal committees,
who have been elected by precincts In the manner herein provided at
the last primary, or by mass conference called in each county for the
election of the first committee membership for state and county ma-
jority and minority committees, as especially provided for in Section
53 of this Act shall assemble on the first Wednesday in January at 1
o'clock p. m., in each general election year, and the county majority
committees shall convene in the court room and the county minority
committees in the clerk of court's office in the court house of the
county, or place where the court was last held, and each committee
shall retire to selfappointed rooms in the court house, and the members
present shall constitute a quorum and shall, at all times, act without
sub-committees, as a committee of the whole, sitting in open and pub-
lic session, and shall proceed to organize separately by election of
chairman and a secretary for each committee, and then promulgate
separate majority or minority principles, and prepare separate mot-
toes, from such principles, for the oallot, limited to eight words each,
and propose majority and minority candidates for county and legisla-
tive offices, and party state committeeman and state proposal commit-
teeman, in the manner required for committee proposals, as per blank
form, hereinafter provided, which when duly signed by the majority of
the members present at such proposal committee meeting and the
declaration thereon signed by the candidates shall be filed within
seven days from date of said meetings by the chairman or secretary,
together with the roll of members present, with the county auditor and
said committee proposal when so made and filed, shall entitle the re-
spective mottoes, and names of candidates thus proposed, limited to
one candidate for each office and only one state proposal committeeman
for each group, to be printed on the official primary ballot in separate
column as herein provided, and thereafter said proposal committees
shall cease to exist, except to fill vacancies. Each county proposal com-
mitteeman shall at county committee proposal meetings be entitled to
vote by unit representation. Each member of the minority or majority
proposal committee who shall attend such county meeting shall re-
ceive payment of ten cents per mile for each mile necessarily traveled
going to and returning from said meeting by filing a written receipted
sworn statement thereof with the county auditor, who shall present the
same to the board of county commissioners, who shall allow the same,
and the auditor shall thereupon issue his warrant therefor upon the
general fund and forward the same to the person issued.

§ 53. First Special Mass Meeting for the Purpose of Electing
Primary Majority and Minority Proposal Committeemen] For the pur-
pose of electing the first membership of minority and majority pro-
posal committees, which require one member from each precinct for
each county committee, and one member from each county for the
state committees, a mass conference of the party members affiliated
with the respective principles represented by the candidates for gov-
ernor within each party, having received the highest and next to the
highest vote cast at the preceding primary, may be called in each county,
signed by three or more majority or minority electors and notice
thereof shall be published twice in a weekly county seat newspaper,
requesting such affili nts of those principles to meet at two o'clock p.
m. on the first Tuesday in December preceding the first primary held
under this law, at the court room in the county court house or place
where the court was last held, and each conference body shall retire to
lelf appointed rooms in the court house, and proceed to elect their re-

13

Bpective precinct and state majority or minority proposal committee-
men who shall be eligible to act and hold the first committee proposal
meetings as provided for in Section 51, 52, 54 and 55 of this Act; and
all proposal committeemen thereafter shall be elected at the primary.

§ 54. Committee Proposal, Legislative District Meetings] In
legislative districts composed of more than one county, the members of
the majority and minority proposal committees of each of said coun-
ties in said legislative district shall assemble in the county having the
largest vote at the last general election, and at the places fixed for
holding the county meetings as provided for in section 52 of this act,
and on the first Friday in January of each even-numbered year, at one
o'clock p. m., and at said meetings, so held, the members thereof pres-
ent shall propose the legislative candidates of said legislative district
in the form provided for proposals of candidates in section 56 of this
act, and file said proposals with the county auditor of the county of
said legislative district where the meetings are held as part of the com-
mittee proposals of the majority or minority committees of said coun-
ties and for said district, and the county auditor with whom said pro-
posals have been filed shall, within five days thereafter, make a certi-
fied copy or copies thereof, as the case may be, and forward the same
to the auditor of each other county in said legislative district for filing,
and the filing thereof shall entitle the candidate so proposed to have
his name printed upon the official ballot in the column of the majority
or minority for which proposed. Each proposal committeeman shall be
entitled to vote by unit representation at all proposal committee meet-
ings.

Each member of the minority or majority proposal committee who
shall attend such district meeting shall receive payment of ten cents
per mile for each mile necessarily traveled in going to and returning
from such meeting by filing wfth the county auditor of the county he
represents at such proposal committee meeting a written receipted,
sworn statement thereof, the auditor of such county shall present the
same to the board of county commissioners who shall allow the same,
and the auditor shall thereupon issue his warrant therefor upon the
general fund and forward the warrant to the person issued.

§ 55. Committee Proposals for Judges of Circuit Court] The
county proposal committeemen within each judicial circuit of the min-
ority or majority proposal committees, may assemble at 11 o'clock a.
m,, on the first Saturday of January, 1914, and quadrennially there-
after, and the county majority committee shall convene in the court
room and the county minority committee in the clerk of court's of-
fice, in the county court house, or place where the court was last held
in the county casting the largest vote for governor at the last preced-
ing general election in that circuit, and each committee shall retire to
self-appointed rooms in said court house and the members present
shall constitute a quorum and shall, at all times, act without sub-com-
mittees, as a committee of the whole, sitting in open and public session
and shall proceed to organize separately by electing a chairman and
secretary for each committee and propose a majority and a minority
candidate for the office of judge of that circuit, in the form required
for "committee proposals," as per blank form provided in section 56
of this act, which, when duly signed by a majority of the members
present at such proposal meeting shall be filed with the county auditor
of the county where the meeting is held, within seven days, and the
county auditor with whom the "committee proposal" Is filed shall,
within five days thereafter make certified copies thereof and forward
the same to the auditor of each other county In said circuit j and the

14

filing thereof shall entitle the candidate proposed to have his name
printed upon the official ballot in the column of the majority or minor-
ity for which proposed. Each proposal committeeman shall he entitled
to vote by unit representation at all proposal committee meetings.

Each member of the minority or majority proposal committee who
shall attend such circuit meeting, shall receive payment of ten cents
per mile for each mile necessarily traveled in going to and returning
from said meeting by filing a written receipted, sworn statement there-
of with the couPty auditor, who shall present the same to the board
of county commissioners, who shall allow the same and the auditor
shall thereupon issue his warrant therefor upon the general fund and
forward said warraht to the person issued.

§ 56. Form of Committee Proposal] The name of no candidate
for presidential elector, United States senator, member of congress,
state offices, including judges of the supreme and circuit courts, na-
tional committeemen, delegates to national conventions, state chair-
man, county, legislative or district offices, nor candidate for member
of any party state central committee, nor candidate for any state min-
ority or majority proposal committeeman shall be printed in the min-
ority or the majority column hereinafter designated upon the official
primary ballot used at any primary held, as herein provided, unless at
least sixty days before the date of the primary, a minority or majority
committee proposal shall have been filed in the office of the secretary
of state or county auditor, as the provisions of this act require in sub-
stantially the following form:

"COMMITTEE PROPOSAL"

We, the undersigned qualified members belonging to the proposal

committee of • party of the state of

South Dakota, do hereby promulgate the following principles:

and propose the following named persons as candidates for nomina-
tion to the respective offices named to be voted for at the primary on
the fourth Tuesday of March next.

Name Office

For

For

„ For

and we desire the following summary of principles, or motto, to be
placed at the head of column of the

Official Primary Ballot as representing the above principles:

(Not more than sixteen words)

and request that the foregoing names be printed in a group under said

motto Id the column upon the

official primary ballot as representing the principles above set forth, to
be voted for at the primary to be held on the fourth Tuesday in March
iiert, and we and each of us do hereby declare that we intend to sup-
ixjrt the principles and candidates named herein at said primary, and

15

to vote the ticket at the

following November election.

Signature of Committeemen County

Precinct P. O. Address Date

DECLARATION OP CANDIDATES

I do hereby declare that if nominated and elected, I (or we) will
qualify, adhere to the principles herewith proclaimed and obey the
party recall if invoked against me (or us.)

Signature of Candidates Residence P. O. Address

§ 57. Signing of Committee Proposal and Declaration] To the
above "committee proposal" the committeeman in favor thereof, shall
affix his own signature with pen and ink or with indelible pencil, and
shall add after his name, the name of the county in which he resides,
the precinct, his postoffice address and date of signing. Following the
signature of the committee members there shall be attached to and
filed with the committee proposal, the above declaration by the
candidates named, each giving his residence by county and precinct
and postoffice address.

§ 58. Vacancy in Committee Proposal — How Filled] In the
event, a vacancy, of a candidate by death, resignation, or otherwise
shall occur in any committee proposal for any office or party, state rep-
resentative or state minority or majority proposal committeeman be-
tween the date of committee proposal meeting and twenty-five days
before the primary election date, such vacancy may be filled by the
chairman of the proposal committee by forwarding the name of the
new candidate, together with his signed declaration, to the secretary
of state or county auditor, who shall place the name of the new
candidate in the vacancy.

§ 59. Filing Fees] No fees shall be required of candidates for
the filing of proposal petitions.

§ 60. Duty of Secretary of State] At least twenty-five days be-
fore any primary, the secretary of state shall transmit to each county
auditor a certified separate group of lists containing the summary of
principles; the names and postoffice addresses of candidates of each
minority and majority committee proposal; also a certified separate
ligt of independent candidates giving the names and postoffice ad-
dresses of each person for whom Individual candidate proposal peti-
tion has been filed under this act in his office; also the name of the
office for which each candidate seeks nomination of the political
party he represents.

§ 61. Filing — When Sufficient] The filing of a "committee
proposal" or "individual candidate proposal petition" within the time
and in the manner and form provided in this act, together with the
declaration of the candidate shall be sufficient to require that his name
be printed upon the primary ballot. No other condition shall be im-
posed.

16

Ai'ticle 5. — Official Primary Ballot
Form, Regulation and Distribution

§ 62. Color of Ballots — By Whom Designated] The color of
the ballots of all political parties having a state organization shall be
designated by the secretary of state. For parties having less than a
state organization, the county auditor of each county in which such
parties have a ticket shall select the color of such ballots. Provided
that the ballots of each political party shall be of a separate and dis-
tinct color. Provided, further, that when a color has been selected for
a party having a state organization, such color shall not again be
changed. Such color shall be selected upon application of the chair-
man of the party state committee of each party, and as soon as select-
ed, the secretary of state shall immediately notify the county auditor
of each county of such selection.

§ 63. Position of Committee Proposals on the Official Primary
Ballot] It is further provided that the committee proposal receiving
the highest number of votes for its candidate for governor at the last
primary held shall occupy the majority column at the following pri-
mary in its position on the official ballot, although the principles and
candidates may have been proposed by the minority proposal com-
mittee.

§ 64. Auditor to Provide for Extra Primary Ballots] The coun-
ty auditor shall provide and retain in his office until after the primary
election, an ample supply of extra official primary ballots for each po-
litical party and for each election precinct; and if at any time before
or during the primary election any of the official primary ballots for
each political party and for each election precinct shall be lost, destroy-
ed or exhausted, on written application signed by the primary judges,
or any one of them, then said auditor shall immediately cause to be
delivered to said primary judges such supply of extra official primary
ballots as may be required to comply with the provisions of this act.

§ 65. Duty of Auditor] The county auditor shall, from the
names filed in his office and the names forwarded to him by the secre-
tary of state, prepare an official ballot for use at the primary for each
political party for whom candidates have been presented by "commit-
tee proposal" or "individual candidate proposal petition" under the
provisions of this act. The names of all candidates in the same po-
litical party by whom or for whom "committee proposal" or "individual
petition" has been filed shall be printed on the official ballot to be used
by that party in the primary, provided that the same summary of prin-
ciples or motto shall appear once only on the ballot and the summary
of principles or motto first filed, of two that are alike shall be printed
on the official ballot with the said committee proposal candidates with
which filed; no candidate's name shall appear on the official primary
ballot more than once for the same office except judges of the supreme
and circuit courts.

§ 66. Official Primary Ballot] The "official primary ballot" of
each political party shall be separately printed in black ink upon
paper of uniform quality and texture; but the "official primary ballot"
of no two political parties shall be of the same color, or tint, within
any one county. The ballots shall vary in form and s-ize only as the
names of the candidates and officers may require.

§ 67. Duty of County Auditor — Notice of Color — Ballot] The
county auditor shall, at least thirty days prior to the date of the pri-
mary post in a conspicuous place in his office an announcement of the

IT

color of the official primary ballots of tlie respective partial and stiall
also at least thirty days prior thereto publish such announcement for
at least one week in at least two newspapers of general circulation in
the county.

§ 68. Designation of Ballot] At the top of the ballot shall be
printed in large letters words designating the ballot. If a repuhlican
ballot, the words shall be "Republican Party Official Primary Ballot."
If a democratic ballot, the words shall be "Democratic Party Official
Primary Ballot," and in like manner for each political party.

§ 69. Auditor to Furnish Copy to Printer — Ballot] The county
auditors shall furnish the copy of the official ballot to the printer not
less than twenty days prior to the date of the primary, and the neces-
sary number of official primary ballots and sample ballots shall forth-
with be printed at the expense of the county.

§ 70. Back of Ballot — How Printed] On the back or outside of
the "official primary ballot" so as to appear when folded, shall be
printed the words "Official Primary Ballot," followed by the designa-
tion of the county where used, the date of the primary election and a
facsimile of the signature of the county auditor of such county.

§ 71. Number of Ballots to Be Provided] The number of "offi-
cial primary ballots" for each political party in each election pre-
cinct shall be not less than seventy-five ballots for each fifty votes cast
in said election precinct by said political party at the last preceding
general election.

§ 72. Arrangement of Official Primary Ballot and Form] The
official primary ballot shall be so arranged and printed that the first
column to the left shall contain the names of the offices and the num-
ber to be voted for; the second column shall contain the names of
the independent candidates who have filed individual candidate pro-
posal by petition; the third column shall contain the principles and
names of candidates of the minority committee proposal; but the words
"minority," "progressive" or "stalwart" or any factional label other
than principles shall not appear in the heading; the fourth and last
column to the right on said ballot shall contain the principles and
names of candidates of the majority committee proposal; but the
words "majority," "progressive," "stalwart" or any factional label,
other than principles, shall not appear in the heading.

Such official ballot shall be in the following form:

18

19

Article 6. — Conduct of Primary Elections

§ 73. Primary When Held] The primary election herein pro-
vided for shall be held at the regular polling place in each precinct
throughout the state on the fourth Tuesday in March, 1914, and bi-
ennially thereafter, between the hours of eight o'clock a. m. and five
o'clock p. m., and any person entitled to vote at such primary election,
v/ho is an employee, shall be entitled to the same privileges from his
employer for the purpose of voting at a primary election as are given
him by law at the general election in November.

§ 74. Notice of Primary Election] Not less than thirty days
prior to the holding of the primary, the county auditor shall prepare
a notice in substantially the following form:

NOTICE OF PRIMARY ELECTION

Notice is hereby given, that a primary election will be held at the

regular polling place in all the voting precincts of

county. South Dakota, on the day of March,

19 , between the hours of 8 o'clock a. m., and 5 o'clock p. m.,

for the purpose of allowing the members of each political party In the
state by their own separate party vote to choose their party platform
and their several party candidates for all national, state, congressional,
judicial, legislative and county offices, which are to be filled by elec-
tion at the next general election, and to elect their several national,
state, county and precinct committeemen and state party chairman and
delegates to the national convention; also to nominate in the same
manner, the several party candidates for the office of United States
senator, which is to be filled by the next legislature of this state.

Dated this day of 19

County Auditor.

§ 75. Further Duties of County Auditor] The county auditor
shall, also at the expense of the county, procure a sufficient number of
printed copies of the notice of the primaries prepared under the provi-
sions of section 74 of this act, and shall at least fifteen days before the
holding of the primary, mail not less than five copies thereof to the
town clerk of every organized civil township in the county at his post-
office address; also to the clerk, auditor or secretary, as the case may
be, of every incorporated city, town or village in his county a sufficient
number so that not less than five copies may be posted in each voting
precinct in such city, town or village. In all cases where estab-
lished voting precincts are not within the limits of an organized town-
ship or within a city, town or village, tli.e auditor shall, at the same
time, mail to some responsible elector residing within such precinct,
five copies of said notice.

§ 76. Duties of Officers] It shall be the duty of each officer or
person named in section 75 of this act, upon receiving said notices, not
less than ten days before the holding of the primary, to post the same
in five public places in his precinct, most likely to give notice to the
electors. Upon filing with the county auditor proof, that he posted the
notices as required, each of said persons shall be paid by the county
the sum of two dollars, provided that in a city having more than one
voting pi'eclnct the clerk or auditor thereof shall be paid not to exceed
fifty cents for each precinct in which he posted the notices.

S 77. Superintendent of Election — Duties] The county auditor,
when appointing Judgei of a primary under this act shall designate

20

one of the Judges as superintendent to whom the primary supplies shall
be sent by registered mail or express, and whose duty it shall be to
Inquire for and obtain the same at his postoffice address or nearest
express office, and he shall erect ^nd have ready for the primary, a
sufficient number of booths which shall be furnished by the county, to-
gether with such supplies and conveniences as shall enable the voter
to prepare his ballot. The provisions and rules for voting shall be the
same as now prescribed by law for voting at general elections.

If the superintendent of election shall not have received his bal-
lots and election supplies three days prior to the election ,It shall be
his duty to immediately communicate with the county auditor and ob-
tain new ballots and election supplies so as to have the same on
hand at the voting place primary day.

§ 78. Appointment of Clerks] It shall be the duty of the coun-
ty auditor not less than sixteen days before any primary to appoint two
persons to act as clerks of the primary election in each voting precinct
in the county. He shall appoint in each township precinct two persons
to act as clerks of the primary, who shall be the school and civil town-
ship clerks; in villages, towns and cities, he shall appoint two qualified
voters to act as clerks from the list submitted by the municipal board
or commissioners, but in case no names are presented, then the audi-
tor shall use his own discretion in appointing two clerks of the primary
in villages, towns or cities for each precinct.

§ 79. Distribution of Election Supplies] The county auditor
shall, not less than ten days before the holding of the primary, deliver
to the superintendent of election hereinafter designated. In each pre-
cinct, a sufficient number of official primary ballots to serve the needs
of the voters In each of the precincts in the county, together with poll
books, large envelopes (which may be sealed, made of heavy manilla
paper in which the judges are to place the counted ballots and returns),
return blanks, supplies and apparatus herein provided for, put up In
separate sealed packages for each precinct, with marks on the outside
clearly designating the name of the superintendent, postoffice address
and the election precinct for which they are intended, and the number
of ballots enclosed for each political party, by registered mail or ex-
press, and obtain a receipt therefor from the postmaster or express
company.

§ 80. Judges — How Appointed] The county auditor shall, not
less than sixteen days before any primary, appoint judges for each of
the several voting precincts of his county, and notify them by register-
ed mail, which appointments shall be made from the personnel consti-
tuting the school and civil township boards in each township. Pro-
vided the personnel of such boards include representatives of the po-
litical parties having principles or candidates in the primaries; other-
wise the county auditor shall use his own discretion. In villages,
towns or cities where there are more than one voting precinct, the
municipal clerk and members of the municipal board of
commissioners shall by a majority vote select three judges
and two election clerks of each voting precinct of the munici-
pality, and in ample time before each primary, submit a list to the
county auditor for his final appointment, but in case no names are
presented, the auditor shall use his own discretion. The judges ap-
pointed must be qualified voters in the precinct from which they are
appointed. Three judges shall be appointed for each precinct. If three
or more parties have official ballots for use In the primary, one judge
shall be appointed from each party casting the three highest number of
votes as shown by the returns of the last preceding general election

? !

If but two parties have such ballots at the primary, then the Judge
shall be selected therefrom, and the party having a majority of the
votes in the precinct at the last preceding general election, shall have
a majority of such judges.

§ 81. Failure to Qualify — Vacancy — How Filled] If any per-
son appointed as a judge of a primary election shall neglect to be
sworn or to act as such, the place of such person shall be filled by the
electors of the precinct present from the different political parties as
herein provided and the person so elected to fill the vacancy shall be
vested with the same power for that primary as if appointed judge of
election by the county auditor.

§ 82. Judges May Administer Oath] The judges of said pri-
mary election and each of them are hereby empowered to administer
to each other and to the clerks the oath of office and to administer
the oath to any voter when challenged.

§ 83. Oath — Form] Previous to votes being taken the Judges
and clerks of the election shall severally take an oath In the follow-
ing form:

I do solemnly swear (or aflBrm, as the case

may be) that I will perform the duties of judge (or clerk, as the case
may be) according to law and the best of my ability; that I will stud-
iously endeavor to prevent fraud, deceit and abuse in conducting the
same.

§ 84. Judges Must Challengt^ — When] If any judge of the pri-
mary shall know," or have reason to believe that any person offering to
vote is not a qualified elector, it shall be his duty to challenge the right
of such person to vote.

§ 85. Challenge — Oath — Form] Any person may challenge the
right of any person to vote the ballot of the party making the chal-
lenge at the primary. If the challenge is made on the ground that the
person offering to vote is not a qualified elector of the precinct, one of
the judges shall tender to him the oath used under the law of this
state at a general election in a similar case, accompanied by like condi-
tions. If the challenge is made upon the ground that the person chal-
lenged is not in good faith a member of the political party whose ticket
he requests to vote at the primary, one of the judges shall tender the
following oath:

You do solemnly swear (or affirm, as the case may be) that you
are twenty-one years of age; that you are a citizen of the United States,
or have declared your intention to become a citizen conformably to the
laws of the United States, that you have resided in the United States
one year, in this state six months, in this county thirty days, and in
this precinct ten days next preceding this primary election, that you
have not voted in any precinct at this primary election; that you are

in good faith a member of the party and a believer

in its principles as declared in the last preceding national and state
platforms; and that you do now in good faith intend to support the
principles of that party and the candidates nominated by It at the
primaries now being held and at the general election.

§ 86. Vote May be Rejected — When] If any person so chal-
lenged shall refuse to take such oath or affirmation as required, his
vote shall be rejected and after taking such oath or affirmation, if the
judges have good reason to believe that the person so challenged is not
qualified, before receiving his vote, they shall require him to subscribe
the oath or affirmation, which shall be written out and presented with
the poll books for future reference.

§ 87. Challoisers May Be Appointed] In addition to the right
of erery persos present at a primary to challenge a roter, the chair-
man of the party eonnty central committee of each political party
shall hare the right to appoint one challenger in each precinct. Snch
challenger mnst be an elector of the precinct in which he is appointed
:o act. He shall be portected in the discharge of his duties by the
judges of the primary and by peace officers, and shall be permitted to
remain within polling place in snch position as will enable him to se^
such person as he offers to Tote, and said challenger may remain within
-he pollin place thronghont the canTass of the vote and nntil the re-
inms are signed.

S 88. Duty of Voter and Judges] Erery Toter upon requesting
official primary election ballots at any primary, shall in a distinct and
audible Toice state his name and the name of the political party of
-^bich he is a member. The judges shall keep the ballots of each party
separate, and unless said person is challenged, as herein provided, one
of the judges shall stamp and deliver to him the official ballot belong-
ing to the party of which he is a member, and the voter shall take the
same into the booth, and after marking it as directed shall fold and
return the same to the judges, one of whom shall write the Initials
of his name on the back thereof and deposit it in the ballot box.

§ 89. Poll Books] A registry poll book and duplicate and
copies of the enrollment list of each party shall be furnished for use
of the judges and clerks at each precinct by the county auditor at the
ei^ense of the eounty, and one of each party enrollment list shall bt
posted in a conspicuous place in each precinct polling place.

S 90. Announcement of Opening Polls] Upon the opening c:
*he poDs, one of the judges shall openly announce that fact; and a*
.east thirty minutes before the closing of the polls, announcement sha!.
be made in like manner that the polls will be closed in half an hour

§ 91. No Adjoummoit Shall Be Taken] After the opening o:
the polls at a primary election no adjournment shall be had nor reces =
lak^ nntH all the votes cast at such primary election have been count-
ed and canvassed.

§ 92. Restrictions of General Law Govern] The votes shall b^
canvaffiQd at the place by the officers and under the same rules anc
restrictions that govern judges with like duties at the general election

S 93. Toters — Objected to] No official primary election ballc
shall be marked by the voter except as directed thereon f or^ the use o
the crooB (X) at the left of the name of the candidates voted for. Of
ficial primary ballots otherwise marked shall not be counted. Sue:
ballots and others not counted by reason of some defect therein sha!!
be marked "defective" and official primary ballots to which objectior
has been made by ^ther of the judges or appointive challengers shal!
be marked "objected to" on the back thereof, and the memorandur .
signed by the judges, stating how it. was counted, shall be written upor.
the back of each ballot so marked and all official primary ballots marl:-
ed "defective" or "objected to" shall be enclosed in an envelope an
securely sealed and ^idorsed so as to clearly disclose its contents. A::
offi^al primary ballots not voted, and all that have been spoUed t;
TOUTS while attempting to vote, shall be returned by the primary
judges to the ccmnty auditor and a receipt taken therefor and shall be
preserved for three months.

f 94. Name of Voter Entered by Clerk] The name of every
voter whose vote is accepted at a primary election shall be entered Iz
numerical order by each clerk in the r^stry poll book and duplicate

2S

and there shall also be entered by each cierk, iii s^. - yo.. look and
duplicate, opposite the name of each person voting, in a colnmn ar-
ranged in said books for that purpose, a letter or c:her cesi^naiion
showlns the name of the political party vhose t allot Ejcn elector
voted, and in a colnmn arranged in said books at tLe right side of the
name, for that purpose, the number of the voter on the enrollment list
of the voter's party.

§ 95. Canvass of Votes] Immediately npon clostng the polls
the primary judges shall proceed to canvass the votes polled in the
manner following:

a. They shal proceed to ascertain the number of names entered
npon the registry poll book lists for each i>olitical party separately.

b. They shall then ascertain how many ballots have been de-
posited in the ballot box for each political party separately.

c. If the number of ballots of any political party exceeds the
number of names of voters of such party entered upon the poll books,
said ballots shall be folded and replaced in the ballot box Irom which
they were taken and the box closed and well shaken and afialn opened,
and one of the judges who shall be blindfolded shall draw out of said
ballot box and destroy so many of such ballots as shall be equal to such
excess.

d. They shall then place the ballots of each political party in
separate piles and proceed to m- -t tV.^^^ . -- each political party sepa-
rately, and as the judges sh:. a ballot, such clerk shall
carefully mark upon the taliy r which shall be furnish-
ed for the purpose by the county auuiior, lue votes which each candi-
date of the party whose name is written or printed on sucb ballot has
received, in a separate column for that purpose, with the name of the
office for which he is a candidate at the bead of such column.

e. After the baliots of the : shall all have been read
and entered in the tally sheets, ; 11 make footings therein
so as to show the total number wi r each candidate whose
name is printed or written upon the c mary ballot of such poli-
tical party and c*ertify the same to be correct. Thereupon the judges
shall set down in the registry poll books in a space and form to be
provided therein for that purpose ' : of each candidate voted for,
written at full length, tfie name lice for which he Is a candi-
date, the total number of votes v.„.^„ ^ .;i candidate received and the
total number of votes cast by said political party at said primary, and
ihall certify the same to be true and correct; said entry in the poll
books shall be made in substantially the following form:

. Party.

At the primary election held in this precinct on tL^: ., .

day of A. D. 19 , the respectiTe candtdatei

whose names were rrinte-l or written on the official primary ballot of
■aid. . _ .party, received the following rotes:

Name ot cnnaiaaics Title of Office Number of Totet

John Doe United States Senator 000

Richard Roe Governor OM

(and so for each candidate.)

Total number of votes cast by said.. .^..^Totes.

5^e hereby certify the above and foregoing to ^ trne m4 ^irec^

24

Dateu this (lay of . . . . . . . .A. D. 19. . . .

Primary Judges.

§ 96. Official Ballots Must Be Preserved] After the votes of a
political party have been counted and canvassed and the returns certi-
fied to, all the official primary ballots except those marked "defective"
or "objected to" shall be strung upon a strong thread or twine or wire
separately for each political party, in the order in which they have been
read, and shall thereupon be carefully sealed in wrappers and endorsed
as follows:

Ballots of the ,. .party cast in

precinct in , .county in South Dakota.

§ 97. Poll Books and Tally Sheets Must Be Delivered to The
County Auditor] The registry poll books, with the certificate of the
primary judges written thereon, and the tally sheets, together with the
wrappers containing the ballots, shall be carefully enveloped and sealed
up together, each party separately, properly endorsed, and with the en-
rollment lists, certificates of enrollment and. precinct committee elec-
tion returns, and placed in the hands of the superintending judge, who
shall deliver (or give to one of the other judges or to one of the clerks
who shall deliver) the same, to the county auditor at his office within
three days after said canvass has been completed.

§ 98. Compensation] Each precinct judge and clerk perform-
ing the duties at a primary election imposed upon him by this Acl
shall receive from the county the same compensation now paid to
judges and clerks of the general election.

§ 99. County Canvassing Board — Duties] On the first Saturday
following such primary the county auditor shall, with the assistance
of the clerk of the courts and coUnty judge, open and canvass all of
said returns and make separate tabulated statements for each political
party, which shall show, in appropriate columns and under proper
headings, the total number of votes cast in the county for each candi-
date whose name is printed or written upon the official primary bal-
lot of one of the political parties and the same shall be kept on file in
the office of the county auditor. Each county auditor within seven days
after the primary election has been held, shall forward under seal to
the secretary of state a certified abstract for each political party hav-
ing upon its official primary ballot the name of any candidate for whom
a proposal petition or committee proposal was filed in the office of the
secretary of state, showing the total number of votes cast in such
county at the primary for each of such candidates, which abstract shall
be signed by such auditor under his official seal and by the clerk of
courts under his official seal and by the county judge.

§ 100. State Canvassing Board — Duties] Immediately upon re-
ceiving the returns from the county auditors of all the counties, as
provided in the last section, the same shall be canvassed by the same
Btate officers as are directed by the general election laws to canvass
returns after a general election. Such canvassing boards shall, without
delay, open the returns and certify tabulated statements thereof sep-
arately for each political party. Such statements shall show, under
appropriate headings, the total number of votes cast for each candidate
in whose behalf a committee proposal petition was filed in the office of
th© secretary of state by tbe voters of tbe political party I)efore 5?lilcli

26

he stood as t, candidate, and after being signed by the members of said
board and attested by the great seal of the state, shall be filed In the
ofllce of the secretary of state.

§ 101. Highest Vote Received Nominates] Any candidate for
nomination whose name is printed upon any official primary ballot who
receives the highest number of votes cast by the voters of his party
for any candidate for nomination to the office for which he is a can-
didate, shall be the nominee of his party for such office, and any can-
didate for national, state, county or precinct committeeman or dele-
gate to a national convention who receives the highest number of votes
cast for any candidate for election to the position for which he is a
candidate, shall be duly elected to such position.

§ 102. Certificate of Nomination — How Issued] If the office be
an elective one, for which his committee proposal or petition was filed
in the office of the secretary of state, a certificate of his nomination
shall be issued to such successful candidate by the state canvassing
board under the great seal of the state, and if such successful candidate
was voted for as a party candidate for nomination to the office of
United States senator, the state board of canvassers shall issue him
a certificate under the great seal of the state, declaring him to be the
regularly nominated candidate of his political party for the office of
United States senator, to be filled at the next regular session by the leg-
islature of this sate. To the person who received the highest number
of votes cast by his party at all the primaries in this state for the posi-
tion of national committeeman or state chairman, the state canvassing
board shall issue a certificate declaring him duly to be elected as a
member of the national committee of his party for the ensuing four
years and state chairman for the ensuing two years.

§ 103. Persons Declared Nominated — Names to Appear on Offi-
cial Ballot] If such office be an elective one for which his committee
proposal or individual petition was filed in the office of the county aud-
itor, a certificate of his nomination for that office by his party shall be
issued to such successful candidate by the county canvassing board,
herein created, under the seal of the county.

If such office be a legislative or judicial one, in a district compris-
ing more than one county, then the canvassing officers of the counties
in said district shall meet the following Monday after the canvass of
the returns in their respective counties at the auditor's office at the
county seat of the county in said district having cast the largest party
vote at the preceding general election, and there complete the canvass
of said returns from certificates of their respective county canvass for
said legislative office and declare the candidate having received the
highest number of party votes cast for any of the candidates for nom-
ination to the office for which he was a candidate, nominated, and cer-
tify said nomination over the canvassing members signatures and seal
of said county to the auditor of each county in said district.

And if such office be one in which the candidate was seeking elec-
tion at the primary as party state chairman, national, state or precinct
committeeman of any political party or as a delegate to a national con-
vention, the candidate who received the highest number of votes cast
by the voters of any given political party at the primary for any candi-
date for the same position, shall be declared elected to such position,
respectively, in such political party and a credential or certificate shall
ba issued to such successful candidate by the same canvassing board.
And all successful party candidates for nomination for elective offlcei
whose proposal papers were filed in the office of the secretary of state

2 6

or in the office of any county auditor, under the provisions of this Act,
shall have their names as such candidates printed upon the official bal-
lot for use at the succeeding November election, and the name of no
other party candidate for the same offices in the same political parties
shall appear thereon.

§ 104. Conventions Abolished] State and county conventions
for the nomination of party candidates and principles for national,
state, judicial, county and legislative offices, and party representatives,
committeemen and delegates, are hereby abolished.

§ 105. Tie Vote] In case of a tie vote, the tie shall be deter-
mined by lot by the canvassers.

§ 106. Duty of Attorney General] It shall be the duty of the
attorney general and secretary of state on or before July 1st, after the
enactment of this act, to prepare all forms necessary to carry out the
provisions of the Act.

§ 107. Holiday] The days herein appointed for holding pri-
mary elections shall be legal holidays.

§ 108. Vacancies in Legislative Districts — How Filled] If for
any reason, after a nomination as a party candidate for legislative
office from a district comprising more than one county has been made,
a vacancy shall occur, such vacancy shall be filled by the joint action
of the party county central committees of such party of the counties
comprising such legislative district.

§ 109. Vacancies — How Filled] If for any reason after a nom-
ination of a party candidate or election of a party candidate for a
party position as provided for in this Act has been made, a vacancy
shall occur on or before the date of holding the general election, such
vacancy shall be filled by the party state central committee, in case of
state and congressional offices, and the party county central commit-
tee In case of county and legislative offices, or members of the party
central committees from the circuit where the vacancy exists.

S 110. General Election Laws Govern — When] The provisions
of the statute now in force in relation to holding of elections, the so-
licitation of voters at the polls, the bribing or attempting to bribe
voters, the sale of Intoxicating liquors in the voting precincts, the man-
ner of conducting elections and all other kindred subjects shall apply
to all primary elections held under the provisions of this act, in so far
as they are consistent with the same, the intent of this act being to
place the primary election, except where otherwise provided, under the
regulations and protection of the laws now in force as to general
elections.

Article 7. — Official Party Endorsement of United States Senator and
Appointive Government Positions Other Thau Postmasters

S 111. Party Endorsement of United States Senator] The en-
dorsement by popular vote of a party candidate for United States sen-
ator, as provided by this Act and the issuance to such candidate of a
certificate of nomination as herein provided shall have the force and
effect of an Instruction to such members of the legislature of the same
political party as such candidate as were nominated at the same pri-
mary election to vote for and support such candidate in the legislature
for the office of United States senator.

S 112. Official Party Endorsement — to Appointive Offices] Any
party elector yho wishei to become a candidate for an appointiva gov-

ernment position, state or federal, except postmaster, which Is other-
wise provided for in this Act, may file his written application for the
official party endorsement for the office for which he is a candidate,
stating therein his party affiliation, with the secretary of state after any
primary election date, and before the following general election date.

§ 113. Duty of Secretary of State — Party Endorsement Record]
It shall he the duty of the secretary of state, for the purpose of preserv-
ing a record of applications for appointive government positions refer-
red to in Section 112 of this Act to prepare and keep in his office a suit-
able record book of official party endorsements in which all said appli-
cations for official party endorsement shall be entered as received, and
from which they shall prepare and cause to be printed within ten days
after the general election date, a separate list of such applicants of
each party, giving the name, address and position for which each can-
didate has applied, and mail one copy of the same to each member of
the party state central committee, including its chairman and secretary.

§ 114. Official Party Endorsement — How Determined] The
party state central committee, interested, including its chairman and
secretary and national committeeman, shall meet in the senate chamber
at the state capitol at ten o'clock a. m., on the second Tuesday of De-
cember after the general election, and the members present shall con-
stitute a quorum, and shall, at all times, act in public session and with-
out sub-committees, as a committee of the whole, hearing applicants
and receiving written recommendations from party electors, and shall
proceed by ballot and majority vote to determine who shall receive the
official party endorsement as the recommendation of the party for any
state and federal appointive government position. The chairman and
secretary of said committee shall certify to such endorsement in writ-
ing and forward the same immediately for consideration to the person
having the appointive power in state positions, and to each of the Unit-
ed States senators and congressmen in federal positions as the official
party recommendation, and shall send a copy of the same to the secre-
tary of state, who shall enter the same in the record book of official
party endorsements. Each member of such, interested, party state
central committee including its state chairman and secretary and na-
tional committeeman, who shall attend such meeting shall receive pay-
ment of five cents per mile for each mile necessarily traveled in going
to and returning from said meeting by filing a written receipted sworn
statement thereof with the secretary of state who shall deliver «ame
to the state auditor who shall see to its auditing and forward a warrant
therefor, to the person who filed such statement, it being the Intention
hereof that the state shall pay all expenses of mileage herein provided.

Any official party endorsement desired by any party elector as a
recommendation to fill vacancies occurring during the interim of bi-
ennial meetings of the party state central committee shall be given by
a majority of the party state chairman and national committeeman and
the chairman of the applicants county, and a copy of their endorsement
shall likewise be filed with the secretary of state.

Article 8. — Postmaster Primary

§ 115. Municipal Endorsement of Party Candidates For Post-
master by Primary] The official municipal endorsement of any party
candidates for postmaster may be determined by postmaster primary in
villages, towns or cities, as follows:

§ 116. Notice of Expiration of Postmaster Commission or Vacan-
cies] It shall be the duty of the party county chairman of the party

^"' 2 8

national administration In power, ninety days prior to the expiration
of any postoffice commission in any municipality in his county, or im-
mediately upon any vacancy occurring to post notices in the manner
provided in Section 9 of this Act, for the holding of a postmaster pri-
mary, to take place on the sixteenth day after the posting of the notice.
Said notice shall contain the name of the postoffice, the date of expira-
tion of commission or the vacancy occurred, the date set for holding
the postmaster primary and the date on or before which petition of
candidates must be filed, with the municipal clerk, said notice shall be
signed by the party county chairman.

§ 117. Candidates in Postmaster Primary — How to File] Any
enrolled, resident party elector may become a candidate for postmaster
by filing a petition with the municipal clerk, together with executed
declaration of the candidate, in the form hereinafter provided, signed
by not less than ten per cent or more than fifteen per cent of the resi-
dent party electors of such municipality. All candidates and signers
upon petitions of persons for municipal endorsement for postmaster
shall be limited to enrolled party electors of the party national admin-
istration in power.

§ 118. Duty of Municipal Clerk — Postmaster Primary] It shall
be the duty of the municipal clerk, in the event of more than one party
elector filing for the municipal endorsement for postmaster in any mu-
nicipality, to prepare and cause to be printed an official municipal post-
master primary ballot, under the Australian ballot system, containing
only the names of candidates of that party having filed proposal peti-
tions as provided for in section 117 of this act, and furnish an adequate
number of such ballots to the officers of the postmaster primary to
supply all voters in each precinct of his municipality; also to furnish
poll books and necessary election supplies; also to appoint judges and
clerks for holding said postmaster primary. In the event of only one
candidate filing a petition no postmaster primary shall be held.

§ 119. Expense of Postmaster Primary — How Paid' The en-
tire expense of such postmaster primary shall be paid by the munici-
pality in which it is held, and the clerk shall receive, audit and present
all bills in connection therewith to the municipal board for payment.

§ 120. Time of Filing Petitions Limited] All petitions of can-
didates must be filed, as herein provided, not later than the sixth day
before date of postmaster primary.

§ 121. Pastmaster Primary — How Conducted] The provisions
of this Act governing the March primary election, except as to qualifi-
cation of voters, the hours of opening and closing of the polls; duties
of election officers; counting of the vote and making return thereon,
shall apply to postmaster primaries as far as applicable, except that the
return of the vote shall be made to the municipal clerk and the judges
and clerks receive but two dollars per day.

§ 122. Canvassing the Vote — Issuing Endorsement Certificate]
The municipal recording officer, party county chairman and secretary
shall constitute the canvassing board of the returns of postmaster pri-
mary, and upon canvassing the vote, shall issue to the candidate for
official municipal endorsement for postmaster who received the ma-
jority vote, if only two candidates filed, and in the event three or more
candidates filed, then to the candidate who received the highest total
number of first and second choice votes added, an official muni-
cipal party endorsement certificate addressed to the congressmen at
large, or of the district, setting forth that an official postmaster pri-
mary has been held by the voters of that municipality, and that the

1!9

party elector named therein has received the highest vote for post-
master of that municipality and respectfully recommending him tor
that position, which certificate shall be forwarded to the congressmen.

§ 123. Certificate of Municipal Endorsement of Party Candi-
dates— To Whom Sent When No Party Representative in Congress]
In the event that there is no congressman from this state of the same
party affiliation as the party national administration in power, then,
and in that event, the above official municipal endorsement certificate
shall be addressed to the president in case of presidential postofflces,
and to the second assistant postmaster general in case of fourth class
postoffices, and said certificates shall be forwarded to the party na-
tional committeeman in the state, who shall forward the same to the
party national chairman at Washington, D. C.

§ 124. The postmaster primary proposal petition shall be in sub-
stantially the following form:

We, the undersigned, qualified, enrolled party electors of the

party, do hereby propose who is a

resident of and who is a member of the party for the

position of postmaster of the postoffice, to be

voted for at the municipal postmaster primary to be held on the

day of and we, and each of us, for himself severally,

do further declare that we intend to support the candidate herein
named at said postmaster 'primary.

Name of Signers Postoffice Precinct Date of Signing

DECLARATION OF CANDIDATE

I hereby declare, if endorsed and appointed, I will qualify and
obey any party recall, if invoked agaiinst me.
Signature q^ Candidate Residence Postoffice Address

§ 125. The Postmaster Primary Ballot shall be in the following
form:

MUNICIPAL POSTMASTER PRIMARY BALLOT

South Dakota.

To vote for a person, if only two candidates names appear on the
ballot, mark a cross (X) in the square to the left of his name. If more
than two candidates names appear on the ballot, vote your first choice
by marking a cross (X) in the square at the left of the name of the
candidate, and vote your second choice of candidates by marking an-
other cross (X) in the square at the right of the name of another can-
didate.

C^hoice'l J^OR POSTMASTER ^-^^^

1 John Doe | |

1 |. Richard Roe | |

Article 9. — Party Recall

§ 126. How and When Invoked] In the event any public offi-
cial elected upon a party platform of principles to which he is pledged
to adhere shall fail during the term of his office to support or advocate
by vote or act the principles of the party platform on which he was
elected, or in case any public officer elected or appointed who obtained
his office through party election or party endorsement is charged with
misconduct, or malfeasance, or crime, or misdemeanor in office, or with
drunkenness, or gross incompetency, or habitual or wilful neglect of
duty, the party recall may at any time be invoked against him as fol-
lows:

A petition signed by thirty-three (33) per cent of the electors of
his party within the district from which he was elected or appointed
giving the postoffice address, precinct and county and date of signing
shall be filed with the secretary of state, and a copy thereof with the
party state chairman, in case of state or federal offices, and with the
county auditor, and a copy thereof with the party county chairman in
case of county offices, or with the municipal clerk, and a copy thereof
with the party county chairman, in case of municipal offices.

§ 127. Complaint Must Accompany Petition] There shall be
filed with said petition a complaint in writing setting out specifically
the charges made against the said public offi,cer, which complaint shall
be verified by at least twelve of the petitioners, and a copy of the said
petition and complaint shall be immediately personally served upon the
officer against whom the party recall is invoked.

§ 128. Party Committee to Have Jurisdiction] Authority and
jurisdiction is hereby vested in the party state central committee in
case of state and federal offices, and in the party county central com-
mittee in case of county and municipal offices, to hear the said com-
plaint and try and determine th^ charges therein made against its own
party members.

§ 129. Party Chairman to Fix Date of Party Central Committee
Hearing] Upon the filing of said petition and complaint, as provided
herein, it shall be the duty of the state or county party chairman as
the case may require, to forthwith set the time and place where he and
his committee will hear the said charges, which date shall not be less
than ten nor more than thirty days from the date of notice thereof
upon the officer charged in the complaint.

§ 130. Notice of Party Central Committee Hearing — How Serv-
ed] When the party chairman, state or county, shall have fixed a
date for the hearing, he shall give immediate notice thereof by regis-
tered mail to each member of his committee and a copy of the com-
plaint shall accompany such notice, which notice shall contain the date,
.hour, and place of said hearing, and he shall serve a copy of said no-
tice, by registered mail, upon the officer charged in the complaint.

§ 131. Party Central Committee Hearing — How Conducted]
Upon the day set for hearing, the members of the party central com-
mittee present shall be first sworn to try the issue raised by the com-
plaint in the same manner as now provided for swearing petit jurors
and the chairman of said committee or any member of said committee
elected by a majority of said hearing in place of, or in the absence of
■aid chairman shall preside at the hearing and administer all oaths.
The party electors petitioning may appear by counsel and the officer
charged by his counsel, and the party chairman and his committee shall
proceed in the manner usually followed in judicial proceeding! to hear

the evidence which shall be given under oath and to examine witnesses,
and to make a record thereof if demanded and paid for and enter such
decision as the facts and justice shall require. The decision of a two-
thirds majority of the committee present shall he final and if the
charges be sustained, formal findings shall be prepared and certified by
the chairman and secretary of the committee and served upon the offi-
cer charged and with it shall be served as the official party recall a for-
mal request signed by the party chairman and secretary that he resign
from said office, as promised in his written declaration as a party can-
didate. If the charges be not sustained, the complaint shall be dismiss-
ed and notice thereof served upon the officer charged, signed by the
party chairman and secretary.

§ 132. Expense of Party Recall — How Paid] The entire ex-
pense of invoking the party recall as herein provided, except the ex-
pense of the record shall be paid by the state in case of state, congres-
sional and federal offices, and by the county in case of county and leg-
islative offices, and by the municipality in case of municipal offices.

§ 133. Auditing of Fees and Expenses — Party Recall] Each
member of the party, state and county central committees, as the case
may be, including the chairman and secretary, shall be paid at the rate
of two dollars per diem for each day necessarily spent in said hearings
and five cents per mile for each mile necessarily traveled in going to
and returning from said hearings. The party chairman having juris-
diction shall audit all bills and file the same with the secretary of state,
or county auditor, or municipal clerk, as the case may require, who
shall present the same to the proper board for payment, which shall
allow the same and order them paid out of the respective general funds.

Article 10. — Official State Publicity Pamphlet

§ 134. There shall be compiled and published by the secretary
of state, an official state publicity pamphlet for general distribution to
the electorate of the state, at least thirty days prior to the general
primary date, as hereinafter provided.

§ 135. Restriction of Matter in Publicity Pamphlet] It shall be
the duty of the secretary of state, in addition to the filing and recording
in the political record book, the platform, principles, the individual
petitions and committee proposals of all party candidates, to also re-
ceive and file a biography of not over 200 words, and a half tone oval
cut 2 1/. inches by 3 % inches in size, of any candidate, provided the said
candidate- shall deposit with the secretary of state, together with his
biography and cut the sum of $100, or fifty dollars for either cut or
biography, to defray expenses of publication. It shall be his duty also
to receive and file written arguments in support of platform principles
from each committee group of candidates, limited to 800 words, also
written arguments by any independent party candidate, limited to 200
words, all of which must be filed more than sixty days before the date
of the party primary. The secretary of state shall immediately compile
and prepare for publication the material so filed, "the Publicity Pam-
phlet" in size six inches by nine inches, to be set in eight point solid
type, thirty picas wide, type size of page to be 30 picas by 47 picas.
Each person's cut and biography, if any, to occupy one page and no
more. No platform proposals or arguments shall contain any personal
attack of character upon anyone and it shall be the duty of the secre-
tary of state to see to it that none are printed in the state publicity
pamphlet. No charge shall be made for publication of any matter
herein, except for the cut and biography of the candidate, as above
provided; the front and title page to read as follows:

32

OFFICIAL STATE PUBLICITY PAMPHLET

Published by the State of South Dakota

Principles and arguments of Candidates in Party Primaries to be
held on the Fourth Tuesday in March, 19

§ 136. Arrangement of Publicity Pamphlet:

a. Pamphlet Arranged by Parties] It shall be the duty of the
secretary of state to arrange all party platform principles, names of
candidates, cuts and biographies, and arguments of party candidates,
of each party separately under the general heading of the party name.

b. Arrangement of Candidates Within the Party] Independent
candidates names and principles come first, followed by minority com-
mittee proposals, and last by the majority committee proposal, under
each party heading.

c. Arrangement of Parties in the Pamphlet] The political party
for which the smallest vote was cast for governor at the preceding
election shall have its candidates and platform published first in the
publicity pamphlet. The party receiving the next lowest vote for gov-
ernor at the preceding election shall have its candidates and platforms
published next, and so on, until the party which had the largest vote for
governor at the preceding election shall appear last in said publicity
pamphlet.

§ 137. Printing and Distribution] The secretary of state shall
furnish the printer the copy for the said publicity pamphlet fifty-eight
days prior to the primary date, and shall cause the same to be printed,
together with suitable envelopes, and forward the same by express in
numbers equal to the total vote cast in each county at the preceding
election for governor, with two hundred extra copies to each county
auditor in the state, at the entire expense of the state, thirty days
prior to the primary date.

§ 138. Duty of County Auditor — Mailing Publicity Pamphlet]
It shall be the duty of the county auditor to immediately upon receipt
of the publicity pamphlet from the secretary of state, to cause the same
to be placed in the accompanying envelopes and addressed and mailed,
postage prepaid, as third class mail matter, to each elector in his county
according to the poll lists of the preceding election and addresses ob-
tainable in his office. The expenses of mailing the publicity pamphlet
shall be paid by the county.

Article 11. — Violations, Penalty and Contests

§ 139. Enrollment] Any person making a false statement in
relation to his qualification as an enrolled elector at said primary, shall,
upon conviction therefor, be fined in a sum not exceeding two hundred
dollars or imprisoned in the state's prison not exceeding three months,
and the court, may in its discretion impose both such fine and impris-
onment; and for the violation of any of the provisions of Article 2 of
this Act by an enrollment officer, he shall be subject to a like fine and
Imprisonment. Any person who shall cause his name to be enrolled
in more than one election precinct, or who shall cause his name to bo
enrolled, knowing he is not a qualified elector in the precinct where
such enrollment is made, or shall falsely impersonate any enrolled
voter, and any person aiding or abetting him in any manner In either
of said Acts hall be unished for each and every offense by Imprison-

83

ment in the county Jail for not less than two, or more than five months.
Any person, who shall at any primary knowingly insert any name in
said enrollment list contrary to the provisions of this Article, or make
any false statements in said list, shall, on conviction therefor, be pun-
ished by imprisonment in the county jail for not less than two months
or more than five months. Any judge or clerk of any primary who
shall willfully violate any of the provisions as to the enrollment of
party electors, or be guilty of any fraud in the execution of the duties
of his ofRce, shall, upon conviction thereof, be punished by imprison-
ment in the county jail not less than two or more than five months.

§ 140. Person Knowing Himself Not to Be Qualified] Any per-
son knowing himself not to be a qualified elector who votes or offers
to vote at any primary, is guilty of a misdemeanor, and upon convic-
tion thereof, shall be punished by a fine not exceeding two hundred
dollars or by imprisonment in the county jail not exceeding six months.

§ 141. Illegal Voting — Penalty] Every person who votes or
offers to vote illegally at any primary election within this state shall
be punished by a fine not exceeding five hundred dollars or by impris-
onment in the county jail not exceeding six months.

§ 142. Perjury] If any person so challenged shall take the
oath provided for in this Act, knowing the same to be false, he shall
be deemed guilty of wilful and corrupt perjury, and shall, on con-
viction, suffer such punishment as now is or shall hereafter be pre-
scribed by law for persons guilty of perjury.

§ 143. Interference Prohibited] It shall be unlawful for any
person who is a member of one political party to in any way interfere
with the voting of any other political party at any primary, or in any
way to obstruct the voting of any elector at such primary or to create
any disturbance, or to in any way intimidate any elector from attend-
ing at any primary or voting thereat. Any person violating the provi-
sions of this section shall be deemed guilty of a misdemeanor and pun-
ished accordingly.

S 144. Unlawful tj Vote Unless Qualified — Penalty] It shall be
unlawful for any person noi a qualified elector of the ward or precinct
in which any primary is held to vote in any manner or on any question
which may come before said primary. Any person who shall violate
the provisions of this section shall be deemed guilty of a misdemeanor
and punished accordingly.

§ 145. Unlawful to Vote More Than Once — Penalty] Any per-
son who votes more than once at any primary or offers to vote more
than once, either in the same or any other precinct, is guilty of a mis-
demeanor and upon conviction thereof, shall be punished by a fine
not exceeding one hundred dollars or by imprisonment in the county
jail not exceeding one year.

§ 146. Solicitation of Illegal Votes — Penalty] Every person
who procures, aids, assists, counsels or advises another to give his vote
at any primary knowing that such person is disqualified, is guilty of a
misdemeanor and upon conviction thereof, shall be punished by a fine
not exceeding one hundred dollars or by imprisonment in the county
jail not exceeding thirty days.

§ 147. Person Knowing Himself Not to Be Qualified — Penalty]
Any person knowing himself not to be a qualified elector, who votes or
offers to vote at any primary, is guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding two hun-
dred dollars or by imprisonment in the county jail not exceeding six
months.

54

§ 148. Inducing Persons to Vote In Other Precincts — Penalty]
Every person who procures or counsels another to enter any town,
ward or voting precinct for the purpose of giving his vote at the pri-
mary, knowing that such person is not entitled to vote, is guilty of a
misdemeanor, and upon conviction thereof, shall be fined in a sum not
exceeding one hundred dollars or by imprisonment in the county jail
not exceeding thirty days.

§ 149. Voting in Precincts in Which One Does Not Reside — Pen-
alty] Every person, who at any primary knowingly votes or offers to
vote in a precinct in which he does not reside or in which he is not
authorized by law to vote, and any person who knov/ingly votes the
primary election ballot of a political party of which he is not a member,
is guilty of a misdemeanor, and upon conviction thereof, shall be pun-
ished by a fine not exceeding one hundred dollars or by imprisonment
in the county jail not exceeding thirty days.

§ 150. Intoxicating Liquors Prohibited] Every person who
sells, gives away or disposes of any intoxicating liquors as a beverage
on the day of any primary election, in this state, is guilty of a misde-
meanor, and upon conviction thereof, shall be punished by a fine of
not exceeding one hundred dollars or by imprisonment in the county
jail not more than thirty days.

§ 151. False Returns — Penalty] Any judge or clerk of a pri-
mary election or any member of any board, county or state whose duty
it shall be to keep, make, deliver or canvass returns of any primary or
primaries, who shall knowingly and willfully make any false canvass,
count, or certificate abstract, summary list or return, or who shall
knowingly and willfully alter or change the same after being correctly
made, or who shall fail to preserve, forward and deliver any returns
entrusted to him for that purpose, shall be deemed guilty of a misde-
meanor and upon conviction thereof be punished by a fine not ex-
ceeding five hundred dollars or by imprisonment in the county jail not
exceeding one year or both in the discretion of the court.

§ 152. Limitation of Expenses of Candidates and Committees]
The expense of any candidate at any primary shall be limited to pay-
ments for food, clothing, lodging, transportation, public speaking,
printing, hall rent, office rent, clerk hire, stationery and postage and
candidates must keep an itemized account of all such campaign ex-
penses and to whom paid and file a verified itemized statement thereof
in the office of the secretary of state or county auditor as the case may
require; but no candidate or committee or organization shall be allow-
ed to pay any moneys or other consideration for transporting voters
to or from the polling places at primary elections.

§ 153. Contests — How Made and Decided] Any candidate for
nomination to any elective office or for any party position, whose name
appears on the official primary ballot of any political party, may con-
test the primary election as to the office or position for which he was a
candidate for nomination or election by filing with the clerk of the cir-
cuit court of the county in which his proposal petition was filed, a
complaint in writing within ten days after the returns have been can-
vassed by the county canvassing board or boards, setting forth the
grounds of his contest, which complaint shall be verified by the com-
plainant. Authority and jurisdiction are hereby vested in the circuit
court to hear and determine such contests. When a complaint has been
filed, it shall forthwith be presented to the judge of the circuit in which
it is filed, who shall note thereon the day of presentation and also the
day and place when he will hear the same, which shall not be more

than ten daya thereafter. The candidate who appears upon the face
of the returns to have been elected, or to whom a certificate of nomi-
nation has been issued, shall be named as defendant. When the court
has fixed the day for hearing the complaint, order fixing such hearing
shall be personally served upon the defendant. The defendant must
answer on or before the day of hearing. The cause may be heard and
determined by the court in term time, or by the judge thereof in vaca-
tion, and shall have preference in order of hearing to all other cases.
The complainant shall give security for all costs. If, in the opinion of
the court, the grounds alleged for the contest are insufficient the com-
plaint shall be dismissed. If the grounds alleged are sufficient, the
court shall proceed in a summary manner and may hear evidence, ex-
amine the returns, recount the ballots and make such orders and enter
such decisions as the facts and the law may require. The judgment of
the court shall be final, and the provisions of this section shall, so far
as applicable, apply to contests of nominations and elections by pri-
mary where the proposals have been filed with the secretary of state,
and contests affecting such candidates shall be brought and determined
in the same manner by the supreme court.

§ 154. Penalty for Violation of This Act] Any willful violation
of any of the provisions of this Act, or failure to comply therewith by
any person or officer herein named, and not otherwise provided for
herein shall be a misdemeanor and upon conviction shall be punished
by a fine of not over $100.00 or by imprisonment in the county jail for
not over thirty days or by both such fine and imprisonment in the dis-
cretion of the court.

§ 155. Penalty for Interference] Any person, corporation, or
association or organization which, or who, shall with money, or any
other consideration, procure or counsel another to vote for or against
any principles or candidates at primary election, or who attempts to do
so, shall be guilty of a felony, and upon conviction thereof, shall be
fined for each offense in a sum not to exceed $5,000 or by imprison-
ment in the penitentiary not to exceed five years, or both, at the dis-
cretion of the court.

Article 12

§ 156. Repeal] All Acts and parts of Acts in conflict with this
Act are hereby repealed.

Article 13

§ 157. Emergency] There being no adequate law in this state
providing for the nomination of party principles, candidates for elec-
tive offices, delegates and committeemen, by a direct primary vote, nor
provision how to determine what shall constitute an official party en-
dorsement to appointive offices, or orderly respresentation within the
party, an emergency is hereby declared to exist and this Act shall take
effect and be in force immediately upon its passage and approval.

2.
AN ACT Entitled, An Act to Promote the Safety of the General Pub-
lic and the Employes of the Railroads in the State of South Da-
kota by Requiring all Railway Corporations or Receivers or Less-
ees Thereof Operating a Line of Railroad in the State of South
Dakota to Equip all Locomotive Engines Used in Road Service in
the Night-time With Head Lights of Not Less Than 1500 Candle
Power Measured Without the Aid of a Reflector and Providing a
Penalty for the Violation of this Act.

Be it Enacted by the Legislature of the State of South Dakota:

§ 1. It shall be the duty of every railroad corporation or receiver
or lessee thereof operating any line of railroad in the state of South
Dakota to equip all locomotives being operated in road service in the
state of South Dakota, in the night time, with headlight of not less
than 1500 candle power measured without the aid of a reflector, the
same to be kept in good condition; provided, that ten per cent (10%)
of the said locomotives shall be required to be equipped within sixty
days after the passage and approval of this act and an additional ten
per cent (10%) to be so equipped every thirty days thereafter until
all engines operated in the state of South Dakota in the night time in
road service shall be equipped according to the provisions of this act.

§ 2. Any railroad corporation or receiver or lessee thereof oper-
ating any line of railroad in the state of South Dakota which shall
violate any of the provisions of this Act shall be liable to the state of
South Dakota for a penalty of not less than one hundred dollars ($100)
or more than one thousand dollars ($1000) for each offense and such
penalty shall be recovered and suits therefor brought in the name
of the state of South Dakota in a court of proper jurisdiction by the at-
torney general or by the state's attorney of any county in or through
which such line of railway may be operated.

Approved March 1, 1911.

3.
AN ACT Entitled, An Act to Repeal Sections 10, 11 and 12 of Chapter

244 of the Session Laws of 1907, Relating to the Damages for

Trespass of Animals.
Be it Enacted by the Legislature of the State of South Dakota:

§ 1. That Sections 10, 11 and 12 of Chapter 244 of the Session
Laws of 1907, relating to the damages for trespass of animals, be and
the same are hereby repealed.

Approved March 4, 1911.

37

AN ACT Entitled, An Act to Amend Sections 791 and 792 of the Re-
vised Political Code of 1903, Relating to the Location of County
Seats.

Be it Enacted by the Legislature of the State of South Dakota:

§ 1. That section 791 of the Revised Political Code of 1903 be
amended to read as follows.

Section 791. Whenever any city, town or place desiring to become
a candidate for county seat shall file with the county auditor, signed
by not less than fifteen per cent of the voters of the county as shown
by the vote for governor at the last preceding general election, and if
there has been no vote for governor, then said petition shall be signed
by not less than fifteen per cent of the votes cast at the election held
for the organization of the county, requesting that the name of said
city, town or place be placed upon the ballot as a candidate for county
seat, the board of county commissioners of any organized county in
this state, in which the county seat has not been located by a majority
vote, shall submit the question of location of the county seat to the
qualified electors of the county at said primary election.

Provided that said petition shall be filed with the county auditor
not more than sixty days, nor less than thirty days immediately pre-
ceding the primary election held according to law. And provided
further that no county shall submit the question of the permanent loca-
tion of its county seat hereunder unless the said county shall have been
organized for four years or more.

Notice of the submission of the said question shall be included in
the notice published by the county auditor, giving notice of the time
and place of holding said primary election. The ballot used at said
election shall be separate from the ballots cast and used for the nomi-
nation of state, county and other officers, and shall be received and de-
posited in a separate ballot box.

The auditor shall prepare ballots, which shall be of plain white
paper, four inches wide by six inches long, and shall hLve printed
thereon the words, "candidate for permanent county seat," and under
which shall be placed the names of such places petitioned to be placed
thereon as aforesaid. In front of each name so placed on said ballot
shall be placed a square, and the elector shall place an "X" in the
square in front of the place of his choice.

Such ballot shall be prepared by the county auditor and be dis-
tributed in the same manner as the official and sample ballot, as pro-
vided by law. The votes cast shall be returned, canvassed and certi-
fied as provided by law for the return of votes at any primary election.
The two places receiving the highest number of votes cast at the pri-
mary shall be the candidates for the permanent county seat.

§ 2. The question of the permanent location of the county seat
shall be again submitted to the qualified electors of the county at the
general election following said primary and the places voted for shall
be limited to the two receiving the highest number of votes at the said
primary election, and no other place shall be voted for. The ballots
to be used at such election shall be of the same form prescribed in
section 791. The votes cast at said election shall be counted and re-
turns thereof made and canvassed in the same manner as now provided

-^ as

by law for the counting, returning and canvassing the votes cast at any-
general election as provided by law, and upon the canvass of said re-
turns the city, town or place receiving a majority of the votes cast at
the election shall be declared the permanent county seat of said county.

§ 3. All Acts or parts of Acts in conflict with the provisions of
this Act are hereby repealed.
Approved March 7, 1911.

COUNTY AUDITOR.

NOTE — At the next general election each of the above measures
or laws will appear on the ballot and each will be followed by the
words: "Shall the above measure or law (as the case may be) be-
come the law of this State?" Immediately to the left of which will be
printed the words, "Yes," "No," each preceded by a square in which
the elector may place a cross within such square to indicate his vote.
Each elector desiring to vote "Yes," will place a cross within the
square before the word "Yes," and those desiring to vote "No," will
place a cross within the square before the word "No."

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