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ELECTION EA^^S
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State: of Arkansas
In Force April i, 1904
I3>- JOHN W. CROCKETX
Secretary of State
F'UBUISHKO
By Authority of the General Assembly
Little Eock, Ark.:
CENTTJAL PRINTING COMPANY,
1904.
A DIGEST
OF^ THE
BLECTION LAV^S
OP THE
SxATE OF Arkansas
In Force April i, 1904
By JOHN W. CROCKBTnr
Secretary of State
PUBLISHED
By Authority of the General Assembly
Little Eock, Ark.:
CENTEAL PRINTING COMPANY,
1904.
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Digitized by the Internet Archive
in 2007 with funding from
IVIicrosoft Corporation
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http://www.archive.org/details/digielearkaOOarkarich
A DIGEST
OK THE
ELECTION L A ^W S
OF THE
STATE OF ARKANSAS.
GENERAL ELECTION.
TIME OF HOLDING.
Section 2598. On the first Monday in September, eighteen hundred
and seventy-six, and every two years thereafter, there shall be held an
election in each precinct and ward in this state for the election of all
elective state, county and township officers whose term of office is fixed
by the constitution at two years; and state senators whose term of
office is fixed by the constitution at two years ; and state senators in their
respective districts when the terms for which senators may have been
elected shall expire before the next general election; and for judges of
the supreme and circuit courts when the term of office of any judge
shall expire before the next general election; and for representatives
to the congress of the United States for each congressional district ; and
for prosecuting attorneys. Act January 23, 1875, sec. 1.
STATE AND COXTNTT BOARDS OF ELECTION COMMISSIONEBS.
Sec. 2599. The governor, secretary of state and attorney general
shall constitute a state board of election commissioners, whose duty
it shall be, not more than ninety days nor less than thirty days before
any general election for state and county officers, to appoint three
qualified electors as commissioners in each county to select election
judges for each voting precinct, and to perform the other duties herein
prescribed. No person who is a candidate for any office to be voted
for at such election, or is a deputy, or clerk or employee of any officer
or person who is a candidate for election, shall act as county commis-
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257226
ELECTION LAWS OF ARKANSAS
sioner. The appointment of the county commissiorers shall be in writing
under the hands of the state board, and the said state board shall imme-
diately mail to each county commissioner, at the county seat, a notice
of his appointment, and, in addition thereto, shall mail to the clerk of
the circuit court in such county a certificate of the appointment of, such
commissioners, and, upon the receipt of such certificate, it shall be
the duty of such circuit clerk to cause to be served upon each of said
commissioners, by the sheriff, a notice requiring said commissioners to
appear before said clerk on or before the day fixed for entering upon
their duties, and take and subscribe the oath prescribed by section
twenty, of article nineteen of the constitution, which said oath shall be
indorsed on the certificate, and when so indorsed, said certificate shall
be filed in said office as a record.
Sec. 2600. The said commissioners shall hold office until their
successors are appointed and qualified. Said commissioners shall meet
at the courthouse at least twenty days p^ior to the general election, and
shall organize themselves into a board of election commissioners by
electing one member chairman and another clerk. Each commissioner
shall have one vote^ and two shall constitute a quorum, and the con-
curring votes of any two shall decide all questions before them.
[N. B.— The Federal statutes fixes the Tuesday after the first
Monday in November for election of members of Congress.]
Sec. 2601. They shall, after their organization as aforesaid, not
less than five (5) days before any general election, appoint three (3)
judges of election for each voting precinct in the county, which appoint-
ments shall be served on or delivered to the persons appointed by the
sheriff of the county and the clerk of the board shall make a record of
such appointments and shall file the same, attested by the chairman
and the clerk of the board, with the county clerk. If any judge so
appointed shall die or resign before the election, said board shall fill the
vacancy. All of said county commissioners shall not be members of the
same political party. Act May 23, 1901.
Sec. 2602. Any vacancy in the county board of commissioners shall
be filled by appointment by the state board of commissioners, in the
same manner as the county commissioners are originally appointed ; and
if it shall occur that all, or a majority, of the county commissioners shall
resign, refuse to act, die, or their places become vacant from any cause,
so that there shall not be a quorum in office at the time that said board
is required to do and perform any of the acts or things by this act
required of them, then, and in that event, the county judge, sheriff and
county clerk shall, in the order herein named, fill said vacancies for the
time, and shall perform the duties of election commissioners until the
vacancies in said board can be filled, as herein provided for. Act March
4, 1891, sec. 1.
ELECTION LAWS OF AEKANSAS
QUALIFICATION OF ELECTOES.
Sec. 2603. Every male citizen of the United States, or male person
who has declared his intention of becoming a citizen of the same, of the
age of twenty-one years, who has resided in the state twelve months, in
the county six months and in the precinct or ward one month, next
preceding any election at which he may propose to vote, except such
person as may, for the commission of some felony, be deprived of the
right to vote by law, passed by the general assembly, and who shall
exhibit a poll tax receipt or other evidence that he has paid his poll tax
at the time of collecting taxes next preceding such election, shall be
allowed to vote at any election in the state of Arkansas. Provided, That
persons who make satisfactory proof that they have attained the age of
twenty-one years since the time of assessing taxes next preceding said
election and possesses the other necessary qualifications, shall be per-
mitted to vote ; and provided, further, that the said tax receipt shall be
so marked by dated stamp or written indorsement by the judges of
election to whom it may be first presented as to prevent the holder thereof
from voting more than once at any election. Constitution of Arkansas,
amendment number 2.
Sec. 2604. No idiot or insane person shall be entitled to the priv-
ileges of an elector, nor shall any soldier or marine in the military or
naval service of the United States acquire a residence that shall entitle
him to vote by reason of being stationed on duty in this state. No one
who has been convicted of any offense which is a felony at the common
law, or by statute, shall be allowed to vote at any election in this state,
unless such person shall have been pardoned by the governor, and the
records of the court wherein such person shall have been convicted shall
be conclusive evidence of his conviction. Whenever any person shall
present himself to vote, and there shall be no specific evidence prescribed
by law as being necessary to establish his qualifications, the judges of
election may interrogate him under oath, touching his qualifications as
an elector, or they may satisfy themselves in relation thereto by any legal
testimony. Act March 4, 1891, sec. 18.
POLL TAX EECEIPTS.
Sec. 2605. It shall be the duty of the auditor of state to prepare
poll tax receipts in book form with stub, to be used by the collectors of
the several counties of the state, and shall furnish the same to the
county clerk of the several counties, and the said clerks shall deliver
the said poll tax receipts to the collectors of taxes at the time of the
delivery of the tax books, and when the collector files his delinquent
personal list he shall return to the county clerk all unused blank poll tax
receipts and the clerk shall at once return the same to the auditor.
Sec. 2606. The sheriff of each county shall, on or before the first
day of July of each year, make out under oath, a certified copy, in alpha-
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ELECTION LAWS OF AEKANSAS
betical order, of the names of all electors who have paid their poll tax
for the preceding year and file the same with the county clerk of his
county, for which service he shall be paid by the county the sum of
twenty cents for each one hundred names filed with said clerk.
Sec. 2607. The county clerks of the several counties shall file the
said list of electors so furnished by the sheriff or collector, and shall
record the same in a book kept for that purpose, and shall furnish the
sheriffs or collectors with not less than three certified printed copies for
each voting precinct in the county at least ten days before any general
or special election, and for such service the said clerks shall be paid by
the county the same fees as are now allowed them by law for similar
services.
Sec. 2608. It shall be the duty of the sheriff of each county to
furnish the election judges of each precinct of his county the printed
list of electors mentioned in section 2607 at the time he delivers the
poll books, and all persons whose names appear on said list, in the event
their said receipt be lost or mislaid and possess the other necessary quali-
fications of an elector, shall be entitled to vote at said election.
Sec 2609. Any person who makes satisfactory proof that he has
attained the age of twenty-one years since the time of assessing taxes
next preceding said election and possess the necessary qualifications, shall
be entitled to vote.
Sec. 2610. The said poll tax receipt of electors presented to the
judges of said election shall be so marked by dated stamp or written
indorsement by the judges of the election to whom it may be first pre-
sented as to prevent the holder thereof from voting more than once at
any election.
Sec. 2611. The auditor of state, sheriff, collector, or clerk of any
county who shall fail or refuse to comply with the provisions of this act
shall be deemed guilty of a misdemeanor, and upon conviction shall be
fined in any sum not less than fifty dollars, nor more than five hundred
dollars.
Sec. 2612. Any elector offering to vote who does not present his poll
tax receipt and whose name appears upon the printed list, shall be
required by the judges to make oath that he has not voted at any other
precinct or ward at the present election. Act April 10, 1893.
NOMINATION OP CANDIDATES AND CEBTIFICATION THEREOF.
Sec, 2613. The nominations of candidates shall be certified in the
following manner: By the chairman and secretary of any convention
of delegates, or of the canvassing board of any primary election, held
by authority of any organized political party in the state, or subdivision
thereof, in which such convention or primary election is held; and also,
by electors of the state, district, county, township, ward of a city or
incorporated town, for which the nomination is made. Provided, the
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ELECTION LAWS OF AEKANSAS
number of signatures of electors so required shall not be less than fifty,
nor more than one thousand, for the state or any district or county, and
not less than ten, nor more than fifty, for any township, or ward of a city
or incorporated town. All certificates of nomination made by the chair-
man and secretaries of conventions, or of canvassing boards of primary
elections, shall be duly acknowledged before an officer authorized by law
to take acknowledgments. The said certificate of nomination shall be
accompanied by the receipt of the treasurer or collector of each county
in which any candidate is to be voted for, for the following amounts,
namely: Candidates for offices to be voted for by the electors of the
entire state, fifty cents each; candidates for offices to be voted for by
the electors of a district composed of more than one county, except
members of congress, three dollars; candidates for representatives in
congress, ten dollars ; candidates for offices to be voted for by the electors
of a single county, three dollars; candidates for offices to be voted for
by the electors of a township, one dollar. These several amounts shall
be placed to the credit of the fund for general county expenses. Candi-
dates for offices to be voted for by the electors of any incorporated town
or city, shall present the receipt of the. treasurer or collector of such
municipality for the sum of one dollar each. All money received from
this source shall be placed to the credit of the fund for general expenses
of said city or town.
Sec. 2614. All certificates of the nomination of candidates for
presidential electors and members of congress, and for state and judicial,
and district officers, either by convention, primary elections or electors,
shall be filed with the secretary of state ; and all certificates of the nomi-
nation of candidates for county, township, and municipal offices shall be
filed with the county election commissioners of the county in which they
are to be voted for.
Sec. 2615. Certificates of nomination required by this act to be
filed with the secretary of state shall be filed not more than sixty days
and not less than twenty days before the day fiixed by law for the
election of persons in nomination. Certificates of nominations herein
directed to be filed with the county election commissioners shall be filed
not more than sixty days and not less than fifteen days before the
election. Provided, in case of any vacancy occurring in any nomination
by declination, withdrawal, death or otherwise, the central committee,
or a convention or primary election called for that purpose, of the
party on whose ticket such vacancy may be, may select and certify
to the secretary of state, or proper county election commissioners, the
name of the candidate to fill such vacancy.
Sec. 2616. Whenever it shall appear by affidavit that an error or
omission has occurred in the publication of the names or description of
candidates nominated for office, or in the printing of ballots, the circuit
court of any county, or the judge thereof in vacation, or if the circuit
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ELECTION LAWS OF ARKANSAS
judge be then absent from the county the judge of the county court,
shall, upon the application of any elector, by order, require the county
election commissioners to immediately correct such error or omission,
or show cause why the same should not be done.
Sec. 2617. Not less than eighteen days before each election, the
secretary of state shall certify to all the county election commissioners
full lists of all candidates to be voted for in their counties respectively,
as the nominations have been certified to him.
Sec. 2618. Every person who shall falsely make or fraudulently
destroj^ any certificate of nominations, or any part thereof; or file any
certificate of nominations, knowing the same, or any part thereof, to be
false, or suppress any nomination which has been duly filed, or any part
thereof, or forge or falsely write the name or initials of any judge of
election on any ballot, shall be deemed guilty of a felony, and on
conviction thereof, punished by confinement at hard labor in the peni-
tentiary not less than one nor more than five years. Act March 4, 1891,
sees. 22, 25, 37 and 40.
DECLINATION OF NOMINATIONS.
Sec. 2619. The secretary of state shall not certify the name of any
candidate whose certificate of nomination shall have been filed in his
office, who shall have notified him in writing, acknowledged before an
officer authorized by law to take acknowledgments, that he will not
accept the nomination specified in the certificate of nomination. And
the county election commissioners shall not include in the posting to
be made by them as hereafter provided, the name of any candidate
whose certificate of nomination shall have been filed with them, who
shall have notified them in like manner, that he will not accept the
nomination, nor shall the names of such persons be printed on the
ballots provided by the commissioners. Ih., sec. 26.
SUBMISSION OF AMENDMENTS AND OTHER QUESTIONS.
Sec. 2620. "Whenever a proposed amendment to the constitution,
or other question, is to be submitted to a vote of the people, the secretary
of state shall, not less than eighteen days before the election, duly certify
the same to the commissioners of each county in the state, and the
commissioners shall include the same in the posting which they are
by this act required to make, and also to print the same on the ballots.
PUBLICATION OF NOMINATIONS AND QUESTIONS SUBMITTED.
Sec, 2621. The commissioners of each county shall make publication
of all nominations filed with them, and all nominations certified to
them by the secretary of state, and also all proposed amendments to the
constitution, and other questions certified to them by the secretary of
state, or required by law to be submitted to the electors at any election,
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ELECTION LAWS OF AEKANSAS
by posting a list thereof at the door of the coilrthouse at least ten days
before the day of election. Ih., sees. 27, 28.
THE BALLOTS.
Sec. 2622. At least three days before each election, the county
election commissioners shall deliver to the sheriff one hundred and fifty
ballots for each fifty, or fraction of fifty, electors in each township or
ward of a city, or incorporated town in the county, and the said sheriff
is required to deliver such ballots to the judges of election at the same
time and in the same manner that he is required by section 2628 to
deliver the poll books and ballot boxes. Provided, when the sheriff is a
candidate at any election the said ballots shall be delivered to the persons,
or one thereof, appointed in his stead as provided in section 2646.
Act March 4, 1891, sec. 29 ; amended March 26, 1891.
Sec. 2623. All election ballots used in any presidential, congres-
sional, state, district, county, township, or municipal election in this
state, either general or special, shall be provided at county expense by
the county election commissioners of the counties in which they are used,
respectively; except the ballots used exclusively in municipal elections,
which shall be provided by the commissioners at the expense of the
cities and incorporated towns in which they are used, respectively.
Sec. 2624. The county election commissioners of each county in
this state shall, in due time for each general or special election, provide
for each election precinct, and for each ward of a city or incorporated
town in their county, one hundred and fifty printed ballots for each
fifty, or fraction of fifty, electors voting thereat at the last preceding
election; and no ballot shall be received or counted in any election to
which this act applies, except it be provided by the county election
commissioners as herein prescribed. All ballots cast and not included in
the count made by the election judges for want of conformity to the
provisions of this act, shall be preserved and sealed in a separate package,
and be returned to the county election commissioners.
Sec. 2625. All election ballots provided by the county election
commissioners of any county in this state for any election shall be alike,
and shall be printed in plain type; and shall contain in the proper
place the name of every candidate whose nomination for any office to
be filled at that election has been certified to the said commissioners, as
provided for in this act, and shall not contain the name of any candidate
or person which has not been so certified. Below the names of the
candidates for each office nominated by the organized parties, as well
as those nominated by electors, shall be left a blank space large enough
to contain as many names in writing as there are offices to be filled.
Act March 4, 1891, sees. 19-21.
ELECTION LAWS OF ARKANSAS
FOSM OF BAILLOT.
Sec. 2626. The county election commissioners shall prepare the
ballots provided for imder this act in accordance with the following
form, except the order in which the several offices to be filled are stated,
namely :
OFFICIAL BALLOT, Election 189
Cross oiit or scratch off the names of all persons except those for
whom you wish to vote.
Governor. Vote for one.
John. Smith, Dem. ''
William Jones, Rep.
JlenxyJBUsher,— Ind.
Secretary of State. Vote for one.
Thomas Moore, Rep.
William King, Ind.
James Sinclair, Dem.
Auditor of State. Vote for one.
William Miller, Dem.
John Pope, Rep.
Thomas Andrews, Ind.
For Sheriff. Vote for one.
Thomas Jones, Dem.
James White, Ind.
George Smith, Rep.
For Representative. Vote for two.
John Doe, Dem.
Richard Roe, Dem.
Hiram Smith, Ind.
Henry Jones, Ind.
William Carter, Rep.
Nathan Hardy, Rep.
—Act March 4, 1891 ; amended March 26, 189.
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ELECTION LAWS OF ARKANSAS
BALLOT BOZES, POLL BOOKS AND SUPPLIES.
Sec. 2627. It shall be the duty of the county election commissioners
to provide for each election precinct a good and sufficient ballot box
with lock and key, two blank poll books containing proper captions and
supplied with sufficient pages to record the names of all voters in the
precinct, tally sheets and envelopes in which to seal up the ballots and
certificates. They shall also provide on sheets separate from the poll
books blank forms of certificates prepared in such a manner as will
enable the judges of election to properly certify the result of the election,
upon which certificates shall be indorsed a blank form of oath to be
taken by the judges and clerks before entering upon the discharge of
their duties.
Sec. 2628. Such ballot box, poll books and blank certificates, tally
sheets and envelopes shall be delivered by said commissioners to the
sheriff, or in the event of his being a candidate at such election, then
the same shall be delivered to the person appointed to perform the
duties of said sheriff as provided for in section 2646. It shall be the
duty of said sheriff, or person appointed in his stead as in this act
provided, to deliver the same to the judges of election when they have
assembled at the voting place for the purpose of holding the election.
The said ballot box, poll books, tally sheets, envelopes and certificates
shall be paid by the several counties of the state. Act March 4, 1891,
sec. 9.
POLLING PLACES, HOW ABBANGED, ETC.
Sec. 2629. All officers upon whom the law imposes the duty of
designating polling places, shall provide in each room designated by
them as a polling place, one booth or compartment for each one hundred
electors, or fraction of one hundred, voting thereat at the last preceding
election, and furnish the same with a table, shelf or desk for the
convenience of electors in preparing their ballots. Said booths shall be
at least five feet apart, and the walls thereof shall be of wood and so
constructed as to enable each elector to enter therein and prepare his
ballot free from the interference of any person whomsoever. And no
person shall be permitted, under any pretext whatever, to come nearer
than fifty feet of any door or window of any polling room, from the
opening of the polls until the completion of the count of the ballots and
certification of the returns, except as herein provided. lb., sec. 30.
Sec. 2630. The election commissioners of each county shall cause
to be printed in large type on cards, instructions for the guidance of
electors preparing their ballots. They shall furnish twelve such cards
to the judges of election in each election district, at the same time and
in the same manner as the printed ballots. The judges of election shall
post not less than one of such cards in each place or compartment
provided for the preparation of ballots, and not less than three of such
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ELECTION LAWS OF ARKANSAS
cards elsewhere in and about the polling place upon the day of election.
Said cards shall be printed in large, clear type, and shall contain full
instructions to the voters as to what should be done: First— To obtain
ballots for voting. Second— To prepare the ballots for deposit in the
ballot boxes. Third— To obtain a new ballot in place of one accidentally
spoiled ; also a copy of sections 2650, 2651, 2652, 2653 and 2654.
Sec. 2631. No person shall, during the election, remove, tear down,
or destroy any booths or supplies, or other conveniences placed in any
booth or polling place as aforesaid for the purpose of enabling the voter
to prepare his ballot.
No person shall, during an election, remove, tear down or deface
the cards printed for the instruction of voters. Every person willfully
violating the provisions of this section shall be deemed guilty of a misde-
meanor, and upon conviction thereof, shall be fined in any sum not less
than one hundred dollars, nor more than two hundred and fifty dollars,
or imprisonment in the county jail not less than one month, or both such
fine and imprisonment, at the discretion of the jury trying the case,
lb., sees. 46, 47.
JUDGES OF ELECTIONS.
Sec. 2632. The judges of election shall be discreet persons, able to
read and write the English language, and qualified electors in the
precincts for which they are appointed to act; and they shall not all be
selected from the same political party, if competent persons of different
politics can be found.
Sec. 2633. The judges of election appointed under this act shall
continue to be judges of election within their respective precincts until
the next general election, unless sooner removed by the county election
commissioners. Act March 4, 1891, sees. 2, 3.
Sec. 2634. No person shall be competent to act as judge or clerk of
any election authorized to be holden by the laws and constitution of
this state who shall have any moneys, goods, wares or merchandise bet
on the result of any such election.
Sec. 2635. Any person who shall act in any election as aforesaid,
having any moneys, goods, wares or merchandise bet on the result of any
such election, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined in any sum not exceeding one hundred
dollars, to be fixed by the judge or jury trying the case. Act January
23, 1875, sees. 6, 7.
Sec. 2636. If any election judge shall be absent at the time fixed
for the opening of the polls, the other judge or judges shall appoint some
person or persons having the qualifications prescribed by this act for
election judges, to supply such vacancy; and if all the judges shall be
absent, then the voters present shall elect as judges persons having the
required qualifications.
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ELECTION LAWS OF ARKANSAS
Sec. 2637. . The judges of election shall appoint two clerks at each
precinct. Act March 4, 1891, sec. 4.
OATH or JUDGES AND CLERKS. '
Sec. 2638. The judges, before entering on their duties, shall take,
before some person authorized by law to administer oaths, the following
oath: "I, , do swear that I will perform the duties of
judge of this election according to law and to the best of my abilities,
and that I will studiously endeavor to prevent fraud, deceit and abuse
in conducting the same, and that I will not disclose how any elector shall
have voted, unless required to do so as a witness in a judicial proceeding,
or a proceeding to contest an election."
Sec. 2639. The clerks of elections, before entering on their duties,
shall take an oath that they will faithfully record the names of all voters,
and that they will not disclose how any elector shall have voted, unless
required to do so as a witness in a judicial proceeding or a proceeding
to contest an election.
Sec. 2640. In case there shall be no person present at the opening
of any election authorized to administer oaths, it shall be lawful for the
judges of the election to administer the oaths to each other and to the
clerks ; and such judges shall have full power and authority to administer
all oaths that may be necessary in conducting any election.
Sec. 2641. The person who shall administer the oaths to the judges
and clerks of any election shall cause a certificate to be prefixed to the
poll books in words to the following effect: "I do certify that
and , judges, and and , clerks, of the election held
in the township of , in the county of , on the day of
, in the year one thousand eight hundred and , were
severally sworn as the law directs previous to entering on their respective
duties ; ' ' which certificate shall be subscribed by the persons administering
the oaths, and shall be considered as a part of the record of the election.
Act January 23, 1877, sees. 10-13.
SHEEIFF TO MAKE PROCLAMATION.
Sec. 2642. It shall be the duty of the sheriff of each county, at
least twenty days before each general election and ten days before the
holding of each special election, to give public notice, by proclamation
throughout the county, of the time and several places of holding such
elections in his county and the officers to be elected at such time.
Sec. 2643. A copy of such proclamation shall be set up at each of
the places fixed for holding such election and two or more of the most
public places in each township, and published in a newspaper, if one
he published in the county. /&., sees. 8, 9.
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ELECTION LAWS OF ARKANSAS
MANNEE OF VOTING AND CONDUCTING ELECTION.
Sec. 2644. All elections by the people shall be by ballot. Every
ballot shall be numbered in the order in which it shall be received, and
the number recorded by the election officers, on the list of voters, opposite
the name of the elector who presents the ballot. Act January 23, 1875,
sec. 23.
Sec. 2645. The polls shall be opened at eight o'clock a. m., and shall
remain continuously opened until half past six o'clock p. m. Act March
i, 1891, sec. 5.
Sec. 2646. The sheriff of the county shall police the election precinct
and preserve order. He shall appoint, not exceeding three, deputies at
each precinct, and shall allow no crowd to collect at the polling place
nearer than herein provided for, and no deputy herein provided for,
while engaged in the duties here prescribed, shall in any manner influence,
or endeavor to influence, any person in casting his vote ; Provided, when
the sheriff, for the time being, shall be a candidate at any election, it
shall be the duty of the county election commissioners to appoint some
suitable person or persons at each precinct to perform the duties of the
sheriff as hereinbefore prescribed, and the said sheriff and his deputies
are hereby disqualified to discharge said duty in such cases. lb., sec. 8.
Sec. 2647. Except as the electors are admitted and pass in, one at
a time, to vote, no person shall, under any pretext whatever, be permitted
in the polling room, from the opening of the polls until the completion of
the count of the ballots and certification of the returns, except the sheriff
or deputy, and the judges and clerks of the election. Provided, the
attendance of the sheriff at the polling place shall only be allowed upon
the request of the judges of the election. Provided, further, If any
person who demands admittance to the polling place for the purpose
of voting, whose right to vote is questioned by any elector, the said
challenge shall be communicated to the judges before such person is
permitted to vote, by the sheriff or some other officer or person in
attendance and in charge of admission to the polling place, and when this
is the case the witnesses necessary to determine the matter of the voter's
qualifications shall be admitted. No elector shall be allowed to occupy
a booth or compartment for the purpose of voting, for a longer time
than five minutes. If the voter shall not have completed the preparation
of the ballot within the time allowed, he may call upon the judges to
assist in its preparation, or he can withdraw, after having returned to
the judges the ballot delivered to him. After having voted, or declined
to do so, the voter shall immediately depart from the polling place, and
go beyond the prohibited distance therefrom. lb., sec. 31.
Sec. 2648. The judge to whom any ballot shall be delivered shall,
upon receipt thereof, pronounce in an audible voice the name of the
elector from whom he receives the ballot, and if no objection be made
to him, and the judges be satisfied that he is legally entitled, agreeably
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ELECTION LAWS OF ARKANSAS
to the constitution and laws of the state, to vote at the election, he shall
immediately number the ballot, as provided in section 2644, and put the
same in the ballot box without opening or in any way inspecting the
name written or printed thereon.
Sec. 2649. It shall be the duty of the clerks of election to register
the names of each and all electors in the order in which they may
present their ballots, placing opposite each name its appropriate number,
as required by section 2644. Act January 23, 1875, sees. 31, 32.
Sec. 2650. Each elector upon entering the polling room shall be
given one ballot by the judges. Before delivering a ballot to an elector
at least one of the judges shall write his name or initials on the back
thereof. On receiving his ballot the elector shall forthwith, and without
leaving the polling room, retire alone to one of the booths provided for
that purpose, and there prepare his ballot. He shall scratch off, erase
or cross out the names of all candidates except those for whom he wishes
to vote, and write the name of any person for whom he may wish to
vote whose name is not printed where he would have it, or not printed
on the ballot at all. In the ease of a constitutional amendment or other
question, as, for instance, "For License," or "Against License," which
the county election commissioners shall cause to be printed on the ballots
whenever the question of liquor license is to be voted on, the elector shall
cross out parts of his ballot in such manner that the remaining part shall
be as he wishes to vote. After thus preparing his ballot the elector
shall fold the same so as to conceal the face thereof, and show the name
or initials of the judge on the back, and hand it to the receiving judge,
who shall call out the name of the elector, the number of the ballot, and
write the number on the ballot and then deposit it in the ballot box in
the sight of the elector, who shall then immediately leave the room and
go beyond the prohibited distance.
Sec. 2651. Any voter who shall, by accident or mistake, spoil any
ballot so that he cannot conveniently or safely vote the same, may return
it to the judges and receive another in the place thereof. In no case
shall any person be permitted to carry a ballot outside of the polling
room.
Sec. 2652. Any elector who shall tell the judges that he cannot
read or write, or that by reason of any physical disability he is unable
to mark his ballot, may have the assistance of two of the judges in the
preparation of his ballot, who, in the presence of the elector and in the
presence of each other, shall prepare his ballot for him as he washes to
vote it. But before any such elector shall be required or permitted to
tell how he wishes his ballot made up, or for whom he wishes to vote, all
electors, including those in the booths, shall be required to withdraw
from the polling room.
Sec. 2653. No ballot shall be received from any elector or deposited
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in the ballot box which does not have the name or initials of at least one
of the judges indorsed on the back of it.
Sec. 2654. Any person taking or carrying any ballot obtained from
any judge outside of the polling room, or having in his possession outside
of the polling room before the closing of the polls, any ballot provided
by any county election commissioners, as prescribed in this act, or any
paper purporting to be such a ballot, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than
twenty-five dollars nor more than one hundred dollars, and imprisoned
in the county jail not less than one month nor more than six months.
Act March 4, 1891, sees. 32-36.
Sec. 2655. In precincts in which more than one hundred votes were
cast at the election next preceding the one then being held, where the
electors consist of persons belonging to the different races, the judges
of election and the sheriff in attendance shall, when there are persons
of both races present and ready to vote, so conduct admittance to the
voting place as to permit persons of the white and colored races to east
their votes alternately. lb., sec. 7.
Sec. 2656. No officer of election shall do any electioneering on
election day. No person whomsoever shall do any electioneering in any
polling room, or within one hundred feet of any polling room on election
day. No person shall at or before any election, directly or indirectly,
hire or bribe any elector to vote for or against the nominee of any
political party, or for or against any particular question or candidate,
by any threat or warning of personal violence or injury, or by any threat
or warning of ejectment from rented or leased premises, or by the
foreclosure of any mortgage or deed of trust, or of any action at law
or equity, or of discharge from employment, or of expulsion from
membership in any church, lodge, secret order or benevolent society, or
by any oath, or affirmation or secret written pledge. Nor shall any
elector take or receive any money or other valuable thing, or the promise
of any money or other valuable thing, in consideration that he shall or
will vote for or against any candidate for office, or for or against any
candidate or question, or shall promise to vote for or against any such
candidate or question. Any violation of this section shall be deemed a
felony, and on conviction, shall be punished by imprisonment in the
penitentiary not less than one year nor more than three years. Ih.,
sec. 39.
PENALTIES FOB VIOLATING THESE LAWS.
Sec. 2657. Every public officer, upon whom any duty is imposed
by this act, who shall willfully neglect or omit to perform such duty,
or who shall do anything which is by this act forbidden, other than the
things specifically enumerated in sections 2618 and 2658, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be punished
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ELECTION LAWS OF ARKANSAS
by removal from office, and imprisonment in the county jail not less
than six months nor more than twelve months, or by fine of not less than
one hundred dollars nor more than five hundred dollars, or by both
such fine and imprisonment. /&., sec. 38.
Sec. 2658. Any election officer or other person whomsoever who
shall willfully make a false count of any election ballots, or falsely or
fraudulently certify the returns of any election, or steal, destroy, secrete
or otherwise make way with any election ballot, tally sheet, certificate or
ballot box, either before or after the closing of the polls, shall be deemed
guilty of a felony, and on conviction thereof, punished by imprisonment
at hard labor in the penitentiary not less than two years nor more than
seven years.
Sec. 2659. Any violation of this act by any election officer, or other
person whomsoever, except a state or county officer, for which no
punishment is elsewhere specifically prescribed in this act, shall be
deemed a misdemeanor and punishable as in this act provided for
misdemeanors. Ih., sees. 43, 44.
COUNTING THE BALLOTS— BETUENS, ETC.
Sec. 2660. At the closing of the polls, the poll books shall be signed
by the judges and attested by the clerks, and the names therein shall be
counted and the number set down at the foot of the poll books. After
the poll books are signed, the ballot box shall be opened, and the ballots
therein contained shall be taken out one by one, at a time, by one of the
judges, who shall read distinctly, while the ballot remains in his hands,
the name or names contained therein, and then deliver it to the second
judge, who shall examine the same to see that there is no mistake, and
pass it to the third judge, who shall examine and carefully preserve the
same. The same method shall be observed in respect to each of the
ballots in the ballot box, until the number of ballots taken out of the
ballot box is equal to the names in the poll books.
Sec. 2661. When two or more ballots are found folded together, it
shall be considered as conclusive evidence of their being fraudulent, and
neither of them shall be counted.
Sec. 2662. If a ballot shall be found to contain a greater number
of names for any one office than the number of persons required to fill
said office, it shall be considered fraudulent as to the whole of the names
designated to fill said office, but no further.
Sec. 2663. A ballot shall not be considered fraudulent for con-
taining a less number of names than are authorized to be inserted. Act
January 23, 1875, sees. 33, 36-38.
Sec. 2664. If for any reason the judges shall deem it proper to do
so, they may adjourn the count for any reasonable period, not beyond
the day succeeding that on which the election is held. Pending the
making of the count, any judge shall have the right to remain with the
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ballot box, but during the time for which the count is adjourned, a safe
place of deposit may be agreed upon by all of the judges.
Sec. 2665. After the examination of the ballots shall be completed,
the number of votes cast for each person shall be enumerated under the
inspection of the judges, who shall prepare and sign in duplicate a
certificate showing the number of votes given for each person, and the
office for which such votes were given, which certificates shall be attested
by the clerks. And after making such certificate, the judges, before they
disperse, shall put under cover one of said tally sheets, certificates and
poll books and seal the same, and direct it to the board of county election
commissioners.
Sec. 2666. The said certificate and the ballots, sealed in separate
packages, shall be conveyed by one of the judges, to be determined by lot,
if they cannot otherwise agree, to the county election commissioners,
within three days after the close of the polls; and the other certificate,
tally sheets and poll books shall be retained by the judges, free for the
inspection of all persons. It shall be the duty of the judges of election
of the several precincts, after the ballots shall have been inspected and
counted, to securely envelope all such ballots and send the same together
with the certificate, tally sheets and poll book as aforesaid to the county
election commissioners, to be kept as hereinafter provided.
Sec. 2667. If any judge of election, on whoin the lot may fall to
carry such ballots, certificates, tally sheets and poll books to the election
commissioners, shall neglect or refuse to perform the service according
to the provisions of this act;, he shall forfeit the sum of two hundred
dollars to be recovered by indictment, or by action of debt, in the name
of the state for the use of the county.
Sec. 2668. If any judge of election in any precinct, whose duty it
may be, should fail to deliver to the county election commissioners the
certificate, tally sheets, poll books and ballots within three days, on the
fourth day the said commissioners shall dispatch a messenger to bring up
the same, or the duplicate certificate, tally sheets, poll book and ballots,
in which case the return shall not be compared until the seventh day,
and all expense incurred by sending the messenger shall be paid by the
defaulting judge of election.
ASCERTAINING AND DECLAEINO THE RESULT.
Sec. 2669. As soon as the returns from all of the precincts are
received, but in no event later than the seventh day after the election,
the county election commissioners shall, from the certificates and ballots
received from the several precincts, proceed to ascertain and declare the
result of said election, and shall within fifteen days after the day of said
election, deliver a certificate of his election to any person having the
highest number of legal votes for member of the house of representatives
or any county or township office ; and the said commissioners shall also file
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in the office of the clerk of the circuit court a certificate setting forth in
details the result of said election. The commissioners of election shall,
within two days after the comparison and examination of the returns
of any election, deposit in the nearest post office, on the most direct route
to the seat of government, certified copies of the abstracts of the returns
of the election for members of congress and all executive, legislative and
judicial officers, directed to the secretary of state, and they shall, at the
time, enclose in a separate envelope and direct to the speaker of the
house of representatives, in care of the secretary of state, at the seat of
government, a certified copy of the abstract of votes given for governor,
secretary of state, auditor of state, treasurer of state and attorney
general. It is made the duty of the secretary of state to safely keep the
returns addressed to the speaker of the house of representatives until
the same shall be required, for the purpose of ascertaining and declaring
the result of the election, as prescribed in section three, article six, of the
constitution.
Sec. 2670. At any time before the county election commissioners
shall finally complete the canvass of the returns and make declaration of
the result thereof, any candidate voted for who may be dissatisfied with
the returns from any precinct may have a recount of the votes cast
therein, by presenting to the county election commissioners a petition
showing reasonable grounds for believing that the return, as made by
the judges of election, does not give a correct statement of the vote as
actually cast, as the same is shown by the ballots returned with the
certificate of the judges. Upon the prayer of such petition being granted
the commissioners shall open the package containing the said ballots and
proceed to recount the same in the manner prescribed by law for the
count to be made by the judges in the first instance, and the result as
found upon such recount, if the same differs from that certified by the
judges, shall be included in the canvass as the vote for the particular
precinct for which said recount was ordered and made. After the
recount is completed, the ballots shall again be sealed and kept as herein
provided.
DISPOSITION OF BALLOTS AND CEETIFICATES.
Sec. 2671. The county election commissioners shall retain the cus-
tody of and safely keep all ballots and certificates returned to them from
the several precincts for a period of six months, after which time the
same shall be destroyed, unless the commissioners shall be sooner notified
in w^riting that the election of some persons voted for at such election and
declared to have been elected, has been contested, or that criminal prose-
cution has been begun against any officer of election, or person voting
thereat, for any fraud in said election, before a tribunal of competent
jurisdiction, in which event, so many of said ballots and certificates as
may relate to matters involved in said contest, or any prosecution, shall
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be preserved for use as evidence in such contest or prosecution. During
the time such ballots may be retained, the package containing the same
shall not be opened by any one unless directed to do so by some competent
tribunal before which an election contest or prosecution is pending, in
which such ballots are to be used as evidence. Any person violating the
provisions of this section, or who shall disclose how any elector may have
voted, unless compelled to do so in a proceeding pending as aforesaid,
shall be deemed guilty of a misdemeanor, and upon conviction shall be
fined not less than one hundred dollars nor more than one thousand
dollars. Act March 4, 1891, sees. 10-16.
COMPENSATION OF COUNTY BOABD.
Sec. 2672. The members of the county board of election commis-
sioners shall each receive for his service the sum of two dollars per day
for each day actually engaged in the duties of his office, but in no event
shall the number of days charged for exceed ten, for services to be
rendered in connection with any particular election. lb., sec. 48.
PEES OP JUDGES AND CLEEKS OP ELECTION.
Sec. 2673. The judges and clerks of the election shall receive one
dollar per day for each day they may be engaged in holding an election,
to be paid by the order of the county court, as other county expenses.
Sec. 2674. There shall be allowed to each judge of the election
carrying the returns from his township to the county board of election
commissioners, five cents per mile in going and returning from the place
of holding the election to the office of said board, to be paid by the county.
Sec. 2675. The county election commissioners shall certify to the
county court the per diem of judges and clerks of election, and the
mileage of the judge carrying the returns to the clerk's office for
allowance. Act February 25, 1875, sees. 49, 50, 51, as modified by sec.
49, Act March 4, 1891.
EXPENSES OP ELECTION.
Sec. 2676. All printing, and other things required by this act to
be done, except the posting of municipal nominations alone, and the
printing of ballots to be used exclusively in municipal elections, shall
be at the expense of the several counties in which they shall be done,
respectively, and shall be defrayed in the same manner as other county
general expenses are defrayed.
Sec. 2677. Sheriffs being allowed the same fees for services per-
formed hereunder as for similar services for which fees are fixed by law.
Act March 4, 1891, sec. 42.
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ELECTION PEECINCTS, CHANGES, ETC.
Sec. 2678. The county election commissioners are empowered to
alter the boundaries of existing election precincts and to establish new
ones when, in their judgment, it may be necessary, and to tix a place
in each election precinct where the election shall be held ; and in changing
the boundaries of existing precincts, or in creating new ones, the said
commissioners shall so arrange the same that all qualified voters residing
therein may vote on the same day. Provided, The said commissioners
shall not have power to change the boundaries of existing precincts, or
to create any new precinct, or to change the voting place in any precinct,
within thirty days of any election, but all such elections shall be held at
the places, and within the boundaries, as the same existed thirty days
before the date of said election.
The action of said commissioners in changing the voting place in any
precinct, or in altering the boundary of any precinct, or in establishing
any new one, shall be entered in the record to be kept by them, and a copy
of said order shall set out intelligently and accurately the boundaries of
said precincts as so altered or established, shall be filed with the clerk
of the county court, who shall record the same at full length on the
record book in which the minutes of the proceedings of the county court
are recorded. If the county election commissioners shall fail to fix a
place in any precinct at which the election is to be held, it shall be the
duty of the sheriff to fix temporarily a place of holding said election.
Notice of any change made shall be given to the electors by posters put
up in at least five public places in such precinct. All voting places shall
be fixed at well-known points in the several precincts and easily accessible
to all electors entitled to vote therein. Ih., sec. 6.
BETURNS IN SENATORIAL DISTRICTS.
Sec. 2679. In all senatorial districts composed of two or more
counties, the election boards of all the counties in the district shall
transmit to the election board of the county first named in the district,
within ten days after such election, a certified copy of the abstract of
the senatorial election in each county.
Sec. 2680. The election board of the county to which such returns
shall be made, after examining the same, shall give the person having the
highest number of votes a certificate of his election.
Sec. 2681. Compensation shall be allowed to the messenger
employed to convey the returns of any senatorial election to the county
boards in the district to whom such returns are required to be made, at
the rate of ten cents per mile, going and returning, to be paid by the
county sending such returns. Act January 23, 1875, sees. 54, 55 and 87,
as amended hy sec. 49, act March 4, 1891.
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FBOCEEDINGS WHEN BETUBNS ABE NOT MADE.
Sec. 2682. If there shall be a failure to receive at the seat of
government the copy of the returns from any county, intended either for
the secretary of state, or the speaker of the house of representatives, for
two days after the same is due, the secretary of state shall dispatch a
messenger to the county from which said returns have not been received,
with directions to bring up such returns or copies thereof. If such
failure shall happen by neglect of the county election commissioners,
they shall forfeit to the state the sum of one hundred dollars, together
with the expense of such messenger, to be recovered by action of debt
before any court having jurisdiction thereof. Act March 4, 1891, sec. 17.
CANVASS or VOTES BY SECEETABY OF STATE.
Sec. 2683. It shall be the duty of -the secretary of state, in the
presence of the governor, within thirty days after the time herein
allowed to make returns of election by the county election commissioners,
or sooner, if all the returns shall have been received, to cast up and
arrange the votes from the several counties, or such of them as may have
made returns, for each person voted for as member of congress; and
the governor shall immediately thereafter issue his proclamation, declar-
ing the person having the highest number of votes to be duly elected to
represent this state in the house of representatives of the congress of the
United States, and shall grant a certificate thereof, under the seal of the
state, to the person so selected.
Sec. 2684. Should any two or more persons have an equal number
of votes, and a higher number than any other person, the governor, in
such case, shall issue his proclamation, giving notice of such fact, and
that an election will be held at the several places of holding elections in
the district for such member of congress, in which he shall mention the
day on which the election is to be held, and it shall be conducted, and
returns thereof made, agreeably to the provisions of this act.
Sec. 2685. It shall be the duty of the secretary of state, in the
presence of the governor, within thirty days after the time herein
allowed to make returns of elections by county election commissioners, or
sooner, if all the returns shall have been received, to cast up and arrange
the votes from the several counties for each person voted for for any
legislative, judicial or executive office, except the offices named in section
3, article VI, of the constitution ; and such persons as shall have received
the highest number of votes for judge of the supreme court, commissioner
of state lands; judges of the circuit court and prosecuting attorneys, in
their respective districts or circuits; judges of the county and probate
court, circuit clerk, county clerk, sheriff, coroner, surveyor and assessor,
in their respective counties ; and justices of the peace, in their respective
townships, and all other officers required by law, shall be immediately
commissioned by the governor.
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Sec. 2686. If two or more persons have an equal number of votes
for the same office, and a higher number than any other person, the
governor, in such case, shall issue a writ of election, directed to the
sheriff of the proper county or counties in which such election shall be
held, on a day therein named, for the purpose of electing any legislative,
judicial or executive officer, except the officers named in section 3,
article VI, of the constitution, and constables, where there appears to
be a tie vote.
Sec. 2687. It shall be the duty of the secretary of state, on the
first day of each regular session of the general assembly, to lay before
each house a list of members elected agreebaly to the returns in his
office.
CANVASS OF VOTES FOE STATE OFFICERS. •
Sec. 2688. The speaker of the house of representatives, during the
first week of the session after each election for governor, secretary of
state, treasurer of state, auditor of state and attorney general, shall, in
the presence of both houses of the general assembly, open and publish
the votes cast and given for each of the respective officers hereinbefore
mentioned. The person having the highest number of votes for each of
the respective offices shall be declared duly elected thereto; but if two
or more shall be equal and highest in votes for the same office, one of
them shall be chosen by a joint vote of both houses of the general
assembly, and a majority of all the members elected shall be necessary
to a choice. The president of the senate and the speaker of the house
of representatives shall make and deposit in the office of the secretary of
state a certificate declaring what persons have been elected to any offices
named. Act January 23, 1875, sees. 60-64, as amended hy sec. 49, act
March 4, 1891.
VACANCIES IN OFFICE, ELECTIONS TO FILL.
Sec. 2689. When any vacancy shall happen in the office of a
member of congress from this state by death, resignation, removal or
otherwise, it shall be the duty of the governor, by proclamation, to order
the several county election boards to order an election to be held, on a
certain day to be named in such proclamation, to supply such vacancy,
and such election shall be conducted in the same manner, and returns
thereof made, as herein prescribed for general elections.
Sec. 2690. Whenever the office of governor shall have become
vacant by death, resignation, removal from office or otherwise, provided
such vacancy shall not happen within twelve months next before the
expiration of the term of office for which the late governor shall have
been elected, the president of the senate or speaker of the house of
representatives, as the case may be, exercising the powers of governor for
the time being, shall immediately cause an election to be held to fill such
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ELECTION LAWS OF ARKANSAS
vacancy, giving, by proclamation, sixty days' previous notice thereof,
which election shall be governed by the same rules prescribed for general
elections of governor, as far as applicable; the returns shall be made to
the secretary of state, and the acting governor, secretary of state and
attorney general shall constitute a board of canvassers, a majority of
whom shall compare said returns and, declare who is elected ; and if there
be a contested election the same shall be decided as contests for the office
of supreme judge. Ih., sees. 65, 66.
Sec. 2691. If a vacancy shall occur in either of the offices created
by article VII of the constitution, by death, resignation, removal from
the state, circuit, township, or otherwise, if such vacancy is required by
section 50, article VII, of the constitution to be filled by special election,
except the office of constable ; it shall be the duty of the governor to issue
a writ of election to fill such vacancy, directed to the board of election
commissioners of the proper county or counties, which election shall be
holden on a day named in said writ of election, and the person so
elected to fill a vacancy shall hold his office for the unexpired term of
his predecessor, and until his successor is elected and qualified.
Sec. 2692. All special elections which may be held by virtue of the
provisions of sections 2684, 2686, 2689 and 2691, whether in the case of
a tie or to fill a vacancy, shall be holden within thirty days from the date
of the writ of election, and when such election shall be holden for the
purpose of electing a judge of the supreme, chancery, or circuit courts,
or prosecuting attorney, the governor shall cause a copy of such writ of
election to be published in one of the newspapers at the seat of govern-
ment, and in all the newspapers within the circuit in which such election
is to be held. Ih., sees. 69, 70.
CONTESTED ELECTIONS.
Sec. 2693. If the election of any supreme judge, or commissioner of
state lands, be contested, it shall be before the circuit court of Pulaski
county. If the election of any circuit judge, prosecuting attorney, chan-
cellor, a judge of the county and probate court, be contested, it shiall be
before the circuit court of the county where the defendant or contestee
resides, or the county where the contestant resides and the contestee
may be found.
Sec. 2694. All actions to contest the election of supreme judges
shall be commenced within one year after the election or commissioning
of said judges, and actions for contesting the elections of all other
officers herein mentioned within six months after they are elected or
commissioned.
Sec. 2695. All actions or proceedings for contests as herein men-
tioned shall be by complaint filed in the circuit court as other actions
at law, in which the contestant shall plainly and fully set forth the
grounds upon which the contest is found, and upon the trial of the
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ELECTION LAWS OF ARKANSAS
same he shall be confined to such grounds as are therein mentioned, but
may amend the same in such manner and upon such terms as do not
prejudice his opponent.
Sec. 2696. If the contestant shall succeed in his action, he shall not
only have a judgment of ouster, but for damages, not exceeding the
salary and fees of the office during the time he was excluded therefrom,
with costs of suit ; Provided, either party shall have the right to appeal,
with or without supersedeas, as in other cases at law. Ih., sees. 67, 68.
Sec. 2697. When the election of any clerk of the circuit court,
sheriff, coroner, county surveyor, county treasurer, county assessor,
justice of the peace, constable, or any other county or township officer,
the contest of which is not otherwise provided for, shall be contested, it
shall be before the county court, and the person contesting any such
election shall give the opposite party notice in writing ten days before
the term of the court at which such election shall be contested, specifying
the grounds on which he intends to rely, and if any objections be made
to the qualifications of voters, the names of such voters, with the
objections, shall be stated in the notice, and the parties shall be allowed
process for witnesses.
Sec. 2698. Either party may, on giving notice thereof to the other,
take depositions to be read in evidence on the trial, and the court shall,
at the first term (if fifteen days shall have elapsed after such election,
and if less than fifteen, then at the second term) in a summary manner,
determine the same according to evidence.
Sec. 2699. If the court shall be of the opinion that the person
proclaimed elected is not duly elected, and the person contesting is
elected, an order shall be entered to that effect, and a copy thereof shall
forthwith be transmitted to the governor, who shall commission the
person declared duly elected by such order.
Sec. 2700. If the person proclaimed duly elected shall have been
commissioned previous to making the order annulling his election, it shall
be the duty of the governor to cause such person to be notified that his
commission is revoked.
Sec. 2701. Nothing in this act shall be construed so as to make void
any act of the person so commissioned that would otherwise have been
lawful. lb., sees. 71-75.
CONTESTANT TO GIVE BOND FOE COSTS.
Sec. 2702. In all suits brought in any of the circuit courts, or in
any of the county courts in this state, to contest the election of any
state, district, circuit, county or township officer, the contestant shall be
required to enter into a bond, with good and sufficient security, to be
approved by the clerk of the court in which such suit shall be brought,
conditioned that the contestant and his securities will pay to the contestee
or defendant in the action and the officers of court such of money as
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shall be adjudged against him in the court in which the suit shall be
brought or in any other court to which it shall be carried by appeal or
otherwise.
Sec. 2703. The contestant in such suits as are contemplated in the
preceding section, shall not proceed with his case in any manner, save
filing his complaint, or take any testimony in his case until he shall have
filed in the clerk's office and obtained the approval of such a bond as is
contemplated in said section.
Sec. 2704. If, upon the trial of any such suit as is mentioned in
section 2702, judgment shall be rendered against the contestant, judg-
ment shall immediately be rendered against him and his securities in the
bond for costs in favor of the contestee or defendant in the action and the
officers of court for the amount due them as costs in the case. Act
February 24, 1879, sees. 1, 2 and 4.
CONTESTING ELECTION OF SENATOES AND BEPRESENTATIVES.
Sec. 2705. If any candidate of the proper county or district con-
tests any election of any person returned duly elected to the state senate
or house of representatives, such person shall give notice thereof, in
writing, to the person whose election he contests, or leave a written notice
thereof at the house where such person last resided, within twenty days
after the return of the election to the office of county election commis-
sioners, expressing the points on which the same will be contested and
the names of the two justices of the peace who will attend to the taking
of the depositions, and when and where they will attend to take the
same. Act January 23, 1875, sec. 76, as amended by sec. 49, act March
4, 1891.
Sec. 2706. The time for taking depositions in chief on part of the
contestant shall not exceed thirty days from the day of the election.
The justices, or either of them, shall issue subpoenas for all witnesses
required by the contestant, commanding such persons to appear before
them to testify at the time and place therein mentioned.
Sec. 2707. The contestant shall close his evidence in chief before
the contestee commences, and if the contestee does not desire to take any
depositions, and so states to the justice, then, in that event the justice
shall close the case and transmit the papers as herein directed.
Sec. 2708. If the contestee desires to take any proof on any point
not set out in the notice served on him, he shall serve a notice in writing
on the contestant, setting forth the ground of his cross contest of
new points to be raised on his part, and naming therein some person
authorized to take depositions before whom the depositions are to be
taken, and such notice to be served at least three days before the
commencing to take depositions.
Sec. 2709. The contestee shall be confined to the grounds or points
set out in the notice given by him, and the contestant, after the con-
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ELECTION LAWS OF ARKANSAS
elusions of the evidence taken by the contestee, may produce evidence
on the said grounds or points ; all of his evidence shall be closed at least
ten days before the day fixed for the meeting of the general assembly.
Sec. 2710. The contestant may take rebutting testimony up to the
day before the meeting of the general assembly, but shall take no
evidence thereafter. 76., sec. 11, as amended hy act March 3, 1883.
Sec. 2711. If any person summoned as a witness to testify in any
contested election shall fail to attend, his attendance may be compelled
by attachment.
Sec. 2712. The justices shall hear and certify all testimony relative
to such election to the president of the senate, if the contest is for a seat
in the senate ; and if for a seat in the house of representatives, then to
the speaker of the house of representatives.
Sec. 2713. No testimony .shall be received on the part of the person
contesting the election by the justices which does not relate to the points
specified in the notice, a copy of which notice, attested by the person
who delivered or served the same, shall be delivered to the justices, and
be by them transmitted with the depositions. Ih., sees. 78-80.
CONTEST rOB THE OFriCE OF GOVERNOE, SECRETARY OF STATE, ETC.
Sec. 2714. All contested elections of governor, secretary of state,
treasurer of state, auditor of state and attorney general, except as herein
provided, shall be decided by the joint vote of both houses of the general
assembly, and in such joint meeting the president of the senate shall
preside.
Sec. 2715. If any person contests the election of governor, he shall
present his petition to the general assembly, setting forth the points on
which he will contest the same, and the fact which he will prove in
support of such points, and shall pray for leave to introduce his proofs,
and a vote shall be taken by yeas and nays in each house whether the
prayer shall be granted.
Sec. 2716. If a majority of the whole number of votes of both
houses shall be in the affirmative, they shall appoint a joint committee
to take testimony on the part of the petitioner, and also on the part of
the person whose place is contested, with power to send for witnesses :
who may issue warrants, under the hand of the chairman, to any judge
or justice of the peace to take the depositions of witnesses at such time
and place as the warrant shall direct, and the points to which the testi-
mony is to be taken shall be set forth in such warrant.
Sec. 2717. Reasonable notice shall be given by the party in whose
favor depositions shall be allowed to be taken to the opposite party of
the time and place of taking the same, and the judge or justice shall"
proceed in all things, in the attendance of witnesses and in taking and
certifying the testimony, as is directed in the preceding section.
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ELECTION LAWS OF AEKANSAS
Sec. 2718. The party shall also be allowed to attend the examina-
tion of witnesses before the committee, and to cross-examine them, but
no testimony shall be taken except in relation to the points set forth in
the petition.
Sec. 2719. The committee shall report the facts to the two houses,
and the day shall be fixed by a joint resolution for the meeting of the
two houses to decide upon the same, on which decision the yeas and nays
shall be taken and entered on the journal of each house.
PEESIDENTIAL ELECTOBS— WHEN CHOSEN, ETC.
Sec. 2720. The election or appointment of electors for president
and vice president of the United States shall be had and held on the
Tuesday next after the first Monday in the month of November of the
year eighteen hundred and seventy-six, and every four years thereafter.
Sec. 2721. The qualified voters in this state shall meet at their
respective places of holding elections, and shall proceed to choose as
many fit and proper persons as the state shall be entitled to as electors
of president and vice president, which election shall be conducted by
the judges who may have been appointed to hold the general election
of the state for the same year, and under the same regulations as are
or may be required by the law regulating such general election; and it
shall be the duty of the judges of such election, in the different townships,
to make returns thereof to the board of county election commissioners
within five days after such election ; which boards shall, within five days
after they receive such returns, certify and transmit the same by some
person employed for that purpose, or by mail, to the governor, whose
duty it shall be, within twenty days after the day of election, to add up
the votes from the several counties, and the persons having the highest
number of votes shall, by him, be declared elected; and it shall be the
duty of the governor, at the expense of the state, in all cases, immediately
to notify the persons chosen of their election as soon as the same shall
have been ascertained, agreeably to the provisions aforesaid.
Sec. 2722. The governor shall, on or before the meeting of such
electors, cause three lists of the names of such electors to be made and
delivered to them; and the person employed in giving the notices, or
conveying the returns, as aforesaid, shall be allowed ten cents per mile for
every mile such person may travel in going and returning in the per-
formance of the service aforesaid, to be audited and paid as other claims.
Sec. 2723. The electors shall meet at the seat of government on the
second Monday in January next ensuing their appointment, and shall
then and there give their votes for president and vice president, and
shall do and perform all other duties required of them by the act of
congress in that case made and provided.
Sec. 2724. Each elector for president and vice president of the
United States shall have and receive as a full compensation for his
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ELECTION LAWS OF AEKANSAS
services the sum of two dollars for every twenty miles of travel from
his residence and returns to his home, and four dollars per diem for
every day engaged at the seat of government in casting the vote for
president and vice president of the United States.
Sec. 2725. If the electors appointed under this act, or any of them,
fail to attend at the seat of government by the hour of two o 'clock in the
afternoon of the day pointed out in this act for electing president and
vice president of the United States, then, and in that case, the general
assembly, if in session, shall proceed immediately, by a joint vote of the
two houses, to fill such vacancy or vacancies ; but if said general assembly
shall not on said day be in session, then, and in that case, the governor
shall immediately fill such vacancy or vacancies.
Sec. 2726. No senator or representative in congress, or any person
holding an office of trust or profit under this state or the United States,
shall be eligible as an elector of president and vice president.
Sec. 2727. In case the election of said electors, or any of them, be
contested, it shall be decided as provided by this act for contesting the
election of a judge of the supreme court. lb., 92-99, as amended by act
March 4, 1891, and act of congress, February 3, 1887.
Sec. 2728. When not otherwise provided, this chapter shall apply
to and govern the election of all officers required to be elected. Act
January 25, 1875, sec. 101.
An Act to amend the laws in relation to the payment of poll tax, and for
other purposes.
Be it Enacted by the General Assembly of the State of Arkansas:
Section 1. That at any time after the assessment lists have been
delivered to the county clerk for the purpose of enabling him to prepare
the tax books for the collector, any person whose name has for any cause
been omitted from the said lists may have his name included in said list
and placed upon the tax lists in the hands of the collector by application
to the said clerk at any time before the Saturday next preceding the
first Monday of July, when the collector is required to make his final
settlement with the county court. If the said application shall be made
after the tax books have been delivered to the collector, the clerk shall
certify the said supplemental assessment, which he is hereby authorized
to make, to the collector, and shall charge to said collector the amount
of tax and penalties so added. In addition to the sum assessed against
any such applicant for poll tax, the clerk shall extend against him a
penalty for failing to return his assessment to the assessor at the proper
time, one dollar— twenty-five cents of which shall go to the clerk for his
services, and seventy-five [cents] shall go into the fund for general
county expenses ; and if said application shall be made after the 10th
of April, the collector shall collect a penalty of twenty-five cents for a
29
ELECTION LAWS OF AEKANSAS
failure to pay the said poll tax at the time prescribed for making pay-
ment of taxes without penalty. In addition to the assessment of poll tax
in such cases, it is hereby made the duty of said clerk to assess any
property held by said applicant, and which, for any reason, has been
omitted from the tax books.
Sec. 2. Upon the payment of poll tax assessed against any person
liable therefor, and the specific penalties imposed for a failure to cause
the same to be assessed or paid at the time allowed for severally doing
these acts without penalty, the person making such payment shall bo
entitled to receive from the collector a separate poll tax receipt, and to
have his name included in the collector's official list of persons who have
paid poll tax; and it shall be unlawful for any collector to refuse to
execute such receipt, or to enter on said list the name of any such person,
because of the failure or refusal to pay the taxes due upon any property
held by such person. But all other remedies now given by law for a
failure to pay such taxes on any such property are hereby preserved.
Sec. 3. On the first Monday in July of each year, the collector shall
file with the county clerk a list containing the correct names, alpha-
betically arranged, of all persons who have, up to and including that date,
paid the poll tax assessed against them respectively. The correctness
of this list shall be authenticated by the affidavit of the collector in per-
son. The county clerk shall at once record the said list in a well-bound
book to be kept for that purpose, and on or before the 15th day of July,
shall deliver to the county election commissioners, or to the chairman
or secretary of the said board, a certified copy thereof. The original
shall be kept on fiile in the office of the said clerk, free to the inspection
of any elector of said county, and the clerk shall, on demand, accom-
panied by the fee prescribed by law for making a copy of any instrument
or record, make a copy thereof for any person. The county election
commissioners shall cause to be printed a sufficient number of said lists
to supply to each judge of election, at every general or special election
a copy thereof, to be sent to such judge with the ballots and blank poll
books now directed to be sent preparatory to holding any election. The
said election commissioners are authorized to have said printing done
at an expense not to exceed one dollar and fifty cents for each one
hundred names on said list. The fees of the county clerk for all services
to be rendered by him in filing, recording and furnishing to the election
commissioners a certified copy of said list shall be ten cents for each one
hundred words contained in said list, and the certified copy thereof so
furnished to said commissioners.
Sec. 4. All expenses connected with the holding of any municipal
election shall be borne by the respective municipalities, and no part
thereof shall be a charge against the county in which such municipality
may be situated. The per diem of the election commissioners, and that
of the judges and clerks, shall be included in the expenses chargeable to
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ELECTION LAWS OF AEKANSAS
such municipalities. In all elections in special school districts, the board
of directors shall provide for the per diem of judges and clerks of such
elections, as well as all other expenses connected therewith.
Sec. 5. The "time for collecting taxes," as this term is employed
in the constitution in connection with the payment of poll taxes, is hereby
defined to be the period between the first Monday in January and the
Saturday next preceding the first Monday in July, on which last named
date the collector is required by law to make his final settlement with
the county court. Any person liable to pay poll tax, and who has paid
the same at any time within the dates named, shall, if possessed of the
other qualifications required by law of an elector, be entitled to vote at
any election held in this state at any time before the first Monday in
July of the year succeeding that in which the payment is made. The
auditor shall cause to be printed in the blank poll tax receipt which he
is required to furnish to the collector, and the county election commis-
sioners are required to have printed in plain type and in a conspicuous
place on the lists which they are required to furnish to the election judges,
an express statement of the time within which the payment in any
particular case will authorize the taxpayer, otherwise qualified, to vote.
The auditor shall furnish to each collector in the state as many blank
poll tax receipts containing the statement aforesaid, as will be necessary
to supply to each taxpayer a proper receipt. It is hereby made unlawful
for the auditor to fail to furnish to such collector a sufficiency of said
blanks, or for any collector to furnish to any taxpayer a receipt prepared
otherwise than on one of said official blanks. It is made the duty of the
collector at the time he makes his final settlement with the state treasurer
to deliver to the auditor all unused blanks. If the collector shall fail
to file said unused blank receipts, the auditor shall charge him on his
account for the benefit of the general revenue fund with a sum equal to
one dollar ($1.00) for each of said blanks not so returned, and the auditor
shall not issue to the said collector a quietus until said sum is fully paid,
and in addition thereto the collector shall be liable to the penalties
prescribed by this act as for a violation of its provisions.
Sec. 6. Any person whose name appears on the official list filed by
the collector, shall, if otherwise qualified, be permitted to vote without
being required to do more than to state, without being sworn, if asked
by the election judges, that the receipt is not in his immediate posses-
sion, and that he has not previously used the receipt to vote at the
particular election, and that he does not purpose doing so. In the
event that the elector does not present his poll tax receipt, the clerk shall
write on the poll book, opposite his name and the number of his ballot,
the word "list," which shall be taken to mean that said elector has
voted at that precinct without having exhibited his receipt. In any
prosecution of an elector for having voted more than once this entry shall
be deemed and taken to be prima facie evidence that the said elector
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ELECTION LAWS OF AEKANSAS
has voted without exhibiting his poll tax receipt. If the judges of
election have any doubts as to the identity of any person being the
person whose name appears upon the official list of those who have
paid poll tax, they may take evidence by the oath of the person who
presents himself claiming to be such person, or by other competent
evidence, and in this connection the judges of election are hereby
empowered to administer oaths. Any person offering to vote outside
the county in which his poll tax has been paid, must present the collec-
tor's receipt or a certificate from the county clerk of the county in
which the payment was made, to the effect that such person's name
appears upon the official list filed by the collector, and by making proof
to the satisfaction of the election judges of his identity with the person
named in the clerk's certificate or receipt.
Sec. 7. The nomination fee required by law to be paid as a condition
for having the name of any 'candidate printed on the official ballot, may,
in the case of a state or district office, be paid into the state treasury
and the receipt of this officer for such payment shall authorize the
secretary of state to include in his certificate to the county election
commissioners of the respective counties, the name of any person making
such payment, and who has otherwise complied with the law relating to
nominations. The sum so paid shall be credited to the several counties
of the state or district as the particular case may be. The auditor shall
charge the treasurer with the several amounts thus paid, and shall
notify the several county clerks thereof. It is also hereby made the
duty of the secretary of state, immediately after ^the passage of this
act, to certify to the several county clerks a statement of the amounts
for which collectors' and county treasurers' receipts have been filed in
his office on account of nomination fees at former elections, and upon
receipt of such certificate, it shall be the duty of the said clerks to charge
these amounts to the collector or treasurer who executed such receipt
in any given case, if upon examination it shall appear that this has not
been done already.
Sec. 8. Any clerk, collector, election commissioner or other person
who shall willfully violate any of the provisions of this act, shall, upon
conviction, be punished by a fine of not less than three hundred dollars
($300.00) nor more than one thousand dollars ($1,000.00), or by impris-
onment for a period not less than one month nor more than six months,
or by both such fine and imprisonment at the discretion of the court.
Sec. 9. That all laws or parts of laws inconsistent with this act
be, and the same are hereby, repealed, and that this act take effect from
and after its passage.
Approved March 18, 1895.
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ELECTION LAWS OF AEKANSAS
An Act to prevent disorderly conduct during primary elections and
conventions.
Be it Enacted by the General Assembly of the State of Arkansas :
Section 1. It shall be unlawful for any person to sell or give away,
or to cause to be sold or given away, or used or furnished in any manner
or form, any intoxicating liquors during the day of, or succeeding night
of, any legalized primary election, held by any political party in any
county, city, township or ward; and any person selling or giving away
or causing to be sold or given away, or furnished in any manner or form,
any intoxicating liquors during said day or night in which any such
legalized primary election may be held, shall be guilty of a misdemeanor,
and, upon conviction, shall be fined in any sum not less than one hundred
dolars ($100.00) for each and every offense, or imprisoned not less than
six months or both.
Sec. 2. That this act take effect from and after its passage.
Approved March 3, 1897.
An Act to legalize primary elections.
Be it Enacted by the General Assembly of the State of Arkansas :
Section 1. That whenever any political party in this state shall by
primary election nominate any persons to become candidates at any
general election, regular or special, or before the legislature for United
States senator, or for congress or any legislative, judicial, state, district,
county, township or municipal office, the said primary election shall be
and is hereby made a legal election ; Provided, This act shall not apply
or be in force unless the county central committee of such party, shall,
twenty days before said primary election, file in the office of the county
clerk of the county a certificate signed by the chairman, and attested by
the secretary of such county central committee, certifying that said
primary election will be held under the provisions of this act.
Sec. 2. The judges and clerks selected to hold said election shall
possess the same qualifications as are required for judges and clerks under
the law governing general elections in this state, provided that all shall
be of the sdme political party as that for which said primary election is
held.
Sec. 3. The judges holding said primary election before entering
upon their duties, shall qualify before some officer duly qualified to
administer an oath, and they shall then have power to administer oaths
to the clerks of said election and to voters when deemed necessary to
ascertain the qualifications of electors.
Sec. 4. Any judge or clerk serving at any such primary election
who shall in any manner falsify the returns of the same, or knowingly
make a false count of the ballots cast, or aid or abet any such act of
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ELECTION LAWS OF ARKANSAS
another person, or knowingly permit such to be done by others, shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in any sum not less than fifty dollars nor more than two hundred
dollars and imprisoned in the county jail not less than thirty days.
Sec. 5. Any person voting in said primary election not possessing
all of the qualifications of an elector as required under the general election
laws of the state, or who shall cast more than one ballot in said election,
or accept any money or its equivalent for his vote, or use any money or
its equivalent, to influence the vote of any other person, or employ any
force, threats or intimidation to influence the vote of any other person,
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined in any sum not less than fifty dollars nor more than two
hundred dollars and imprisoned in the county jail not less than thirty
days. Every repetition of any or either of the acts herein specified shall
constitute a separate offense.
Sec. 6. All acts or parts of acts in conflict herewith are hereby
repealed, and this act shall take effect and be in force on and after its
passage.
Approved April 20, 1895.
An Act to regulate the sale of wine.
Be it Enacted hy the General Assembly of the State of Arkansas:
Section 1. At the general election when the vote is taken "For
License" or "Against License," the sale of wine shall not be affected by
that vote, but a separate vote "For the sale of Wine" or "Against the
sale of Wine, ' ' shall be taken in the same manner as the vote on license.
Sec. 2. When the county court is petitioned to prohibit the sale of
liquors under the three-mile law, the petition may specify all kinds of
liquors as now provided by law, or may specify wine as the only liquor
to be prohibited, or may except wine from the petition.
Sec. 3. If it shall appear that the people of any county, township
or ward of a city, or if any "three-mile" district under the operation
of present laws as modified by the two preceding sections, are not opposed
to the sale of wine, and if there be no provisions in special acts or orders
of courts forbidding the sale of wine, then it shall be lawful for any
person who grows or raises grapes or berries to make wine thereof and
without license sell the same in any quantities not less than one-fifth of
a gallon anywhere in the state, except in counties, townships, or wards
of cities, or three-mile districts, or under districts under special acts
where the people have voted or petitioned or secured special laws against
the sale of wine.
Sec. 4. All wines sold in the state, shall, before sale, be labeled so
as to designate their qualities. Nothing but pure, fermented juice of the
grape or berry shall be labeled "Natural Wine." Wine to which sugar
34
ELECTION LAWS OF AEKANSAS
has been added to insure its keeping qualities, shall be labeled ' * Sugared
Wine."
Sec. 5. It shall be unlawful for any person to sell or offer for sale,
any wine containing poisonous or injurious drugs, or to sell any wine
which contains more than 17 per cent of alcohol, and it shall be the duty
of circuit judges at the beginning of each term of circuit court to charge
the grand juries to investigate and return indictment for violations of
any of the provisions of this act.
Sec. 6. Any one violating any of the provisions of this act shall
be deemed guilty of a misdemeanor, and, on conviction, shall be fined in
any sum not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for each offense, and the prosecuting attorney
shall receive the same fees for convictions as is now allowed for convic-
tions for selling liquor without license.
Sec. 7. All fines collected under this act shall be paid into the
general revenue fund of the county in which the offense is committed,
and the present law governing the selling or giving of liquors to minors
shall govern the selling or giving of wine to minors.
Sec. 8. All laws and parts of laws in conflict with this act are
hereby repealed, and this act shall take effect and be in force from and
after its passage, except where the vote at the last election was against
license or the three-mile law is now in force, or special acts forbid the
sale of wine.
Approved June 26, 1897.
35
MUNICIPAL CORPORATIONS.
ELECTION, APPOINTIMENT AND QUALIFICATION OF OFFICEBS.
Section 5127. The annual election of cities of the first and second
class and incorporated towns shall be held on the first Tuesday in April
of each year; and all officers whose election is provided for by this act,
or any ordinance, shall be elected on that day. Special elections of the
members of the city council of all cities and incorporated towns shall
be held at such time and place as the mayor by proclamation shall direct,
so that at least ten days ' notice thereof shall be given. Special elections
herein authorized to be held shall be held at such time and place as the
city council may direct. In all cities there shall be a place appointed
in each ward for holding elections. Any person who, at the time of the
election of municipal officers, is a qualified voter under the laws of
the state, for state or county officers, and has resided within the corpora-
tion for six months next preceding the election and thirty days in the
ward where he offers to vote, shall be deemed a qualified elector. All
elections shall be held and conducted in the manner prescribed by law
for holding state and county elections, so far as the same may be
applicable. Act March 9, 1875, sec. 71; acts March 28, 1885, and
February 15, 1887.
Sec. 5128. The returns of all municipal corporations shall be made
to the election commissioners of the county in which the corporation is
situated, and shall be by them opened within three days after receiving
the same, who shall count the vote as the same appears from the poll
books, make an abstract thereof, and forward the same to the mayor;
they shall, in like manner and without delay, furnish to each candidate
elected a certificate of election, or leave the same at his usual place of
abode. Ih., sec. 2, as amended by sec. 49, act March 4, 1891.
Sec. 5129. All officers elected or appointed in any municipal cor-
poration shall take the oath or affirmation prescribed by the constitution
of this state, for officers. The aldermen or council may require from
such officers as they think proper a bond with good and sufficient security,
with proper penalty, for the faithful discharge of their offices and duties ;
and shall have power to declare the office of any person elected vacant
who shall fail to take the oath of office or give the bond herein required
within ten days after he shall have been notified of his election or appoint-
ment, and proceed to appoint as in other cases of vacancy. lb., sec. 73.
Sec. 5220. The charters and all the amendments thereto of all
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ELECTION LAWS OF ABKANSAS
municipal corporations within this state designated as cities of the
second class and incorporated towns may be surrendered, all officers held
thereunto abolished and the territory and inhabitants thereof remanded
to the government of this state in the manner hereinafter provided.
Sec. 5221. Whenever one hundred qualified electors of any city
of the second class, or twenty-five qualified electors of any incorporated
town shall petition the city or town council thereof asking the surrender
of the charter of said municipal corporation, it shall be the duty of said
city or town council immediately to submit the question whether such
surrender shall be made to the qualified electors of said municipal corpo-
ration at an election to be held for that purpose, after having given
notice of such election four weeks by advertisement in one of the news-
papers published in said corporation, or if there be no newspaper
published therein, by advertisement posted in two or more public places
in said corporation.
Sec. 5222. Said election shall be held and conducted by, and the
returns thereof shall be made to, said city or town council in such
manner as by said city or town council may be directed.
Sec. 5223. When said returns shall have been made as aforesaid,
it shall be the duty of said city or town couiilil to count the votes cast
at said election, and if a majority of the votes so cast shall be in favor
of the surrender of the charter of such municipal corporation, the said
city or town council shall present to the county court of the county in
which said corporation is situated, a petition showing that an election
has been held as aforesaid and the result thereof, and praying that the
charter of said municipal corporation may be surrendered.
Sec. 5224. If it shall appear to the satisfaction of said court that
said election has been held as aforesaid, and that a majority of the votes
cast at said election was in favor of the surrender of the charter of such
municipal corporation, it shall be the duty of said county court to make
and enter upon its record an order declaring the charter and all the
amendments thereto of said municipal corporation to be surrendered
under the provisions of this act, and to order the clerk of said court
to make out and certify under his official seal two transcripts of ^said
order, one of which said clerk shall forward to the secretary of state, to
be kept on file in his office and the other he shall deliver to the recorder
of said county, whose duty it shall be to record the same in his office.
ELECTION OF OPFIOEES, SALAEIES, DUTIES OF.
Sec. 5263. The qualified voters of cities of the first class shall on
the first Tuesday in April, 1875, and every two years thereafter, elect
one mayor, one city treasurer and one police judge, who shall hold their
offices two years, and until their successors are elected and qualified, and
shall have such powers and perform such duties as are required by law,
or may be prescribed by any ordinance of the city not inconsistent with
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ELECTION LAWS OF AEKANSAS
this chapter. Also one city clerk and one city attorney, who shall hold
office for two years, and until their successors are elected and qualified ;
who shall give the bond, perform the duties and receive such salary as is
now or may hereafter be prescribed by ordinance in each of said cities
of the first class. Acts March 9, 1875, sec. 51 ; March 28, 1885, and April
11, 1893.
Sec. 5264. There shall also be elected at such election aldermen by
the qualified electors of the entire city, two aldermen for each ward, who
shall reside in their several wards, as now provided by law. Act March
9, 1875, sec. 51, as amended by act of March 21, 1893.
Sec. 5265. The aldermen shall be residents of their respective wards,
and when they shall have organized as hereinafter provided, they shall
proceed to determine by lot the time of service of each alderman so
elected, so that one of the aldermen of each ward shall serve for the
term of two years, and the other for one year; and at every succeeding
general election to be held therein one alderman shall be elected by
the qualified voters of said ward, who shall possess the qualifications'
hereinbefore required, and whose term of service shall be two years, so
that the terms of two aldermen of each ward shall always expire on
different years, and the persons thus chosen shall hold their offices until
their successors are elected and qualified.
38
INDEX.
ELECTIONS.
Section
general elections.
2598. General election; time of hold-
ing.
STATE AND COUNTY ROARDS OF ELECTION
COMMISSIONERS.
2599.
2600.
2601.
2602.
2603.
2604.
2605.
2606.
2607.
2608.
2609.
2610.
2611.
State board created, its duty in
appointing county boards ; qual-
ifications of ; appointments,
how made; notice to be given;
oath to be taken and filed.
Tenure of office of county com-
missioners ; organization of
board, quorum.
Appointment of judges of elec-
tion; how and when made; va-
cancies, how filled.
Vacancies in county boards; how
filled.
QUALIFICATION OP ELECTORS.
Constitutional requirements.
No idiot, felon, or army or navy
ofl&cer whose residence is ac-
quired by his station, or other
person who has not the specific
qualifications required by law,
shall vote; may be examined.
POLL TAX RECEIPT.
Duty of auditor to prepare poll
tax receipt in book form; to
whom delivered.
Duty of sheriff to make certified
list of electors who have paid;
fees therefor.
Duty of county clerks; fees.
Duty of sheriff to furnish list to
judges of election; when elector
may vote without receipt.
Minors attaining majority since
time for assessing may vote
without receipt.
Receipts to be stamped by judges.
Officers failing to comply with
this act guilty of a misde-
Section
2612. Elector offering to vote without
receipt may be examined.
nomination OF CANDIDATES AND CERTI-
FICATION THEREOF.
2613. How candidates shall be certified;
amount of fees for each can-
didate; how credited.
2614. Certificates of nomination, with
whom filed.
2615. Time of filing certificates of nom-
ination.
2616. Errors to be corrected, how and
by whom.
2617. Secretary to certify list of can-
didates to county commission-
• ers.
2618.V Felony to falsely make, suppress,
forge, or destroy certificates,
etc.
DECLINATION OF NOMINATION.
2619. Candidate declining not to be cer-
tified; how to decline; name
not to be printed.
SUBMISSION OF AMENDMENTS AND OT^HER
QUESTIONS.
2620. Proposed amendments and other
questions, how submitted.
PUBLICATION OF NOMINATIONS AND
OTHER QUESTIONS.
2621. Publication of what, how, when
and by whom.
THE BALLOTS.
2622. Number of, for each precinct;
when and by whom delivered
to judges.
2623. Ballots to be furnished at the
expense of the counties and
municipal corporations.
2624. Number of ballots to be provid-
ed; ballots not furnished by
commissioners not to be count-
ed, but to be presers'ed.
N. B.
-Sections same as Sandels & Hill's Digest.
39
''EL'ECTt'bN LAWS OF ARKANSAS
Section
2625. Ballots to be uniform and con-
tain only the names of certified
candidates.
FORK OF BALLOT.
2626. Form of ballot given.
BALLOT BOXES, POLL BOOK AND
SUPPLIES.
2627. County commissioners to provide;
how arranged; supplies fur-
nished.
2628. To whom delivered; his duty.
POLLING PLACES, HOW ARRANGED, ETC.
2629. Booths to be furnished; number
of; how arranged.
2630. Instructions to electors, to be
posted, where; what to con-
tain.
2631. Penalty for violating preceding
sections.
JUDGES OF ELECTION.
2632. Qualifications of judges.
2633. Tenure of office.
2634. Persons betting on electi(Tas not
competent as judge or clerk.
2635. Misdemeanor for person betting
on election to act as judge or
clerk.
2636. In case of absence of judges ap-
pointed, how vacancies filled.
?637. Judges to appoint clerks.
' OATH OF JUDGES AND CLERKS.
2638. Who to administer oath; form.
2639. Oaths required of clerks.
2640. When judges to administer oaths
to each other and to clerks.
2641. Certificate to poll books; form
and by whom made.
SHERIFF TO MAKE PROCLAMATION.
2642. Of time and place of holding; of-
ficers to be elected.
2643. To give public notice thereof.
MANNER OF VOTING AND CONDUCTING
ELECTION,
2644. Elections to be by ballot.
2645. Opening and closing polls; time
of.
2646. Sheriff to police precincts; duty
of.
Section
2647. No one permitted to be within
fifty feet of polling places only
as admitted to vote except the
sheriff or deputy. Proviso:
Witnesses in cases of challenge
may be admitted; voters not
to occupy a booth longer than
five minutes; when vote is de-
posited voter must retire.
Duty of judge to receive ballots;
manner of receiving and depos-
iting.
Duty of clerk to register names
of electors; manner of.
Manner of preparing and depos-
iting ballot.
Spoiled ballot to be returned to
judges.
Manner of preparing ballots for
persons who cannot read or
write or are physically dis-
abled.
Ballot to have the initials of one
of the judges.
Penalty for carrying any ballot
outside of polling place.
Different races, how to vote.
A felony for officers to election-
eer on election day, or for any
one to intimidate, or bribe a
voter.
2648.
2649.
2650.
2651.
2652.
2653.
2654.
2655.
2656.
PENALTIES FOR VIOLATING THESE LAVV^S.
2657. Officer failing to do his duty; a
/ misdemeanor.
2658. False count or return; a felony.
2659. General provision.
COUNTING THE BALLOTS, RETURNS, ETC.
2660. Signing of poll books.
Ballots folded together fraudu-
lent.
Ballots with surplus of names
fraudulent.
Ballots not fraudulent.
Provides how count shall be made.
2665, 2666. Provide how returns shall
be made and forwarded.
Penalty for failure to perform
service.
Commissioners to dispatch mes-
senger, when.
2661.
2662.
2663.
2664.
2667.
2668.
ASCERTAINING AND DECLARING RESULT.
2669. County commissioners to canvass
the vote and make return to
the proper officers and deliver
certificates of election. Duty
of secretary of state.
2670. How and when a recount may be
had.
40
• *
ELECTION LAWS OF AEKANSAS
Section
disposition of ballots and
certificates.
2671. County commissioners shall keep
ballots and certificates for six
months, except in certain
cases. Penalty for violating
this section or disclosing how
any one voted.
COMPENSATION OP COUNTY BOABD.
2672. Amount of compensation fixed.
FEES OF JUDGES AND CLERKS.
2673. 2674, 2675. Amount, how certified
and paid.
EXPENSES OF ELECTION.
2676. To be paid by counties;
tion.
2677. Sheriff's fees.
excep-
ELECTION PRECINCTS, CHANGES, ETC.
2678. County commissioners may change
boundaries and make new pre-
cincts, but no changes to be
made within thirty days of an
election. Any changes to be
made of record and notice
given.
RETURNS IN SENATORIAL DISTRICTS.
2679. Eeturns, when, where and
to
whom made.
2680. Certificate to be issued, by whom.
2681. Compensation to messengers.
PROCEEDINGS WHEN RETURNS ABE NOT
MADE.
2682. When secretary of state shall dis-
patch messenger. Penalty for
commissioners neglecting to
send returns.
CANVASS OF VOTES BY SECRETARY OF
STATE, ETC.
2683. Vote for members of congress.
2684. Governor to grant certificate;
governor to order election in
case of tie vote.
2685. Secretary of state to canvass vote.
2686. Governor's duty in case of tie
vote.
2687. Secretary of state to furnish the
legislature with list of mem-
bers.
CANVASS OF VOTES FOR STATE OFFICERS
2688. Speaker of house of representa-
tives to canvass votes.
VACANCIES IN OFFICE — ELECTIONS TO FILL.
2689. In office of member of congress.
Section
2690. In office of governor; by whom
returns canvassed.
2691. When governor to issue writs of
election.
2692. Elections, when held; writ to be
published.
contested elections.
2693. 2694. Contest for certain offices;
where had and when com-
menced.
2695. Complaint to set forth grounds
of contest.
2696. Judgment in case of success of
contestant.
2697. Contest for county offices, where
had; notice to be given.
2698. Depositions; court to determine
contest in a summary way.
2699. Governor to commission contest-
ant on order of court.
2700. Governor to give notice on revok-
ing commission.
2701. Acts, while holding commission,
valid.
contestant to give bond for costs.
2702. Bond, condition of.
2703. Not to proceed until bond is
filed.
2704. When judgment for costs to be
rendered against contestant.
contesting election of senators and
representatives.
2705.
2706.
2707.
2708.
2709.
2710.
2711.
2712.
2713.
Requirements of notice to be
given.
Time not to exceed thirty days;
justices to issue subpoenas.
When contestant to close evi-
dence.
Cross contest; new points raised;
notice, etc.
Evidence to close ten days before
meeting of legislature.
Rebutting testimony.
Attendance of witnesses.
Justices to certify testimony.
Irrelevant testimony not received.
41
contest for the office of governor,
secretary of state, etc.
General assembly to decide.
Petition to contest election of
governor.
Committee to be appointed, when;
powers, etc.
Reasonable notice to be given by
contestee of taking depositions.
2714.
2715.
2716.
2717.
ELECTION LAWS OF AEKANSAS
Section. Section.
2718. Contestee allowed to attend ex- 2723. Meeting and casting vote of.
amination of witnesses. 2724. Per diem and mileage of electors.
2719. Committee to report facts; joint 2725. Vacancy in electors, how filled.
session to decide on same. 2726. What of&cers not eligible.
2727. Contest of election of electors,
PRESIDENTIAL ELECTORS. how decided.
2720. Election of, when held. 2728. This act to govern election of all
2721. How election conducted. officers not otherwise provided
2722. Governor to furnish list of elec- for.
tors; mileage allowed.
42
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