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Full text of "Laws Relating to Elections, State of Colorado"

( COLORADO STATE PUBLICATIONS LIBRARY^ 



3 1799 00029 9156 

LAWS 




RELATING TO 



ELECTIONS 



STATE OF COLORADO 



1891^1894. 



DENVER, COLO. 

THE SMITH-BROOKS PRINTING COMPANY. 

1894 



UUUUIVItN lb PROPERTY OF THt LIBKAKY 

UNIVERSITY OF COLORADO 



LAWS 



RELATING TO 



ELECTIONS 



STATE OF COLORADO 



1891-1894. 



DENVER, COLO. 

THE SMITH-BROOKS PRINTING COMPANY. 

1894 



CORRUPT PRACTICES ACT. 



(S. B. 45-) 

AN ACT 



IN RELATION TO ELECTIONS AND CRIMES AND OFFENSES AGAINST 
THE ELECTIVE FRANCHISE. 



Be it enacted by the General Assembly of the State of Colorado: 

Section 1. It shall be unlawful for any person, ^shain^ 
directly or indirectly, by himself or through any other 
person : 

(a) To pay, loan or contribute, or offer, or prom- to purchase or 

x J x * 7 x influence votes, 

ise to pay, loan or contribute, any money or other val- fndSctfyVor any 
nable consideration to or for any voter, or to or for consideration. 
any other person, to induce such voter to vote or re- 
frain from voting at any election provided by law, or 
to induce any voter to vote or refrain from voting at 
such election for any particular person or persons, 
or to induce such voter to go to the polls, or remain 
away from the polls at such election, or on account of 
such voter having voted or refrained from voting for 
any particular person, or having gone to the polls or 
remained away from the polls at such election. 

(b) To give, offer or promise any office, place or to give or offer 
employment, or to promise or procure or endeavor to employment for 
procure any office, place or employment, to or for any 

voter, or to or for any other person, in order to induce ■ 



ELECTION LAW. 



To make advances 
for, or in repay- 
ment of money 
used for bribery. 



It shall be 
unlawful — 



To receive or con- 
tract for, directly 
or indirectly, any 
valuable consid- 
eration for voting 



To receive money 
or other valuable 

hing for himself 

r others on 
account of voting. 



such yoter to vote or refrain from voting at any elec- 
tion provided by law, or to induce any voter to vote 
or refrain from voting at suck election for any par- 
ticular person or persons. 

(c) To advance or pay, or cause to be paid, any 
money or other valuable tiling- to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used in bribery ai any elec- 
tion provided by law, or to knowingly pay or cause to 
be paid, any money or other valuable thing to any 
person in discharge or repayment of any money, 
wholly or in part expended iu bribery at any such 
election. 

Sec. 2. It shall be unlawful for any person, di- 
rectly or indirectly, by himself or through any other 
person : 

(a) To receive, agree or contract for, before or 
during an election provided by law, any money, gift, 
loan or other valuable consideration, office, place, or 
employment, for himself or any other person, for 
voting or agreeing to vote, or for going or agreeing to 
go to the polls, or for remaining away or agreeing to 
remain away from the polls, or for refraining or 
agreeing to refrain from voting or for voting or agree- 
ing to vote, or refraining or agreeing to refrain from 
voting for any particular person or persons, measure 
or measures, at any election provided by law. 

(b) To receive any money or other valuable thing 
during or after an election provided by law, on ac- 
count of himself or any other person, for voting or re- 
fraining from voting at such election, or on account 
of himself or any other person, for voting or refrain- 
ing from voting for any particular person at such 
election, or on account of himself, or any other person 



ELECTION LAW. 5 

for going to the polls or remaining away from the 
polls at such election, or on account of having induced 
any person to vote or refrain from voting, or to vote 
or to refrain from voting for any particular person or 
persons, measure or measures, at such election. 

Unlawful for 

Sec. 3. It shall be unlawful for any candidate ^^waVerwiaf 
for public office, before or during any election pro- voter 
vided by law, to make any bet or wager with a voter, 
or take a! share or interest in, or in any manner be- 
come a party to, anv such bet or wager, or provide unlawful to make 

° bet or wager with 

or agree to provide anv monev to be used by another intent to procure 

° x 1/ ** v challenge. 

in making such bet or wager, upon any event or con- 
tingency whatever, arising out of such election. Nor 
shall it be lawful for any person directly or indirectly 
to make a bet or wager with a voter, depending upon 
the result of any election provided by law, with the 
intent thereby to procure the challenge of such voter 
or to prevent him from voting at such election. Any Misdemeanor. 
violation of this section shall be deemed a misde- 
meanor. 

Sec. 4. It shall be unlawful for anv person di- violence or intimi- 
dation to influence 

rectly or indirectly, by himself or any other person in votes - 
his behalf, to make use of any force, violence or re- 
straint, or to inflict, or threaten the infliction, by 
himself or through another person, of any injury, 
damage, harm or loss, or in any manner to practice 
intimidation upon or against any person in order to 
induce or compel such person to vote or refrain from 
voting for any particular person or persons, measure 
or measures, at any election provided by law, or on 
account of such person having voted or refrained 
from voting at any such election. And it shall be 
unlawful for any person, by abduction, duress, or any 
forcible or fraudulent device or contrivance whatever, 
to impede, prevent or otherwise interfere with the 



ELECTION LAW. 



Unlawful for 
employer to use 
"pay envelopes.' 



Or exhibit hand- 
bill or placard. 



Misdemeanor. 



free exercise of the elective franchise of any voter, or 
to compel, induce or prevail upon any voter, either 
to give or refrain from giving his vote at any such 
election, or to give or refrain from giving his vote 
for any particular person at any such election. It 
shall be unlawful for any employer, either corpora- 
tion, association, company, firm or person, in paying 
its, their or his employes the salary or wages due 
them, to enclose their pay in "pay envelopes" upon 
which there is written or printed any political mot- 
toes, devices or arguments, containing threats, ex- 
press or implied, intended or calculated to influence 
the political opinion, views or actions of such em- 
ployes. Nor shall it he lawful for any employer, 
either corporation, association, company, firm or per- 
son, within ninety days of any election provided by 
law, to put up or otherwise exhibit in its, their or his 
factory, workshop, mine, mill, boarding-house, office 
or other establishment or place where its, their or his 
employes may be working or be present in the course 
of such employment any hand-bill, notice or placard 
containing any threat, notice or information that in 
case any particular ticket or candidate shall be elect- 
ed, work in its, their or his place or establishment 
will cease in whole or in part or its, their or his es- 
tablishment be closed, or the wages of its, their or his 
workmen be reduced; or other threats, express or im- 
plied, intended or calculated to influence the political 
opinions or actions of its, their or his employes. Any 
person or persons, or corporation violating any of the 
provisions of this section, shall be deemed guilty of a 
misdemeanor, and any person, whether acting in his 
individual capacity or as an officer or agent of any 
corporation so guilty of such misdemeanor shall be 
punished as hereinafter prescribed. 



ELECTION LAW. 7 

Sec. 5. It shall be unlawful for any corporation unlawful for 

x corporation to 

or anv officer or agent of any corporation to influence ^ s fl c u h e a n r |y ot o e r s b - v 
or attempt to influence by force, violence or restraint K^foySf 
or by inflicting- or threatening to inflict any injury. 
damage, harm or loss, or by discharging from employ- 
ment or promoting in employment, or by intimida- 
tion or otherwise in any manner whatever, to induce 
or compel any employe to vote or refrain from voting 
at any election provided by law, or to vote or refrain 
from voting for any particular person or persons at 
any such election. Any such corporation, or any 
officer or agent of such corporation, violating any of 
the provisions of this section, shall be deemed guilty 
of a misdemeanor, and be subject to the penalty here- Misdem e an0 r 
inafter provided, and in addition thereto, any cor- 
poration violating this section shall forfeit its charter 

-i-i -i i • 'i-1'o.ii Shall forfeit 

and right to do business m this State. charter. 

Sec. 6. Every candidate who is voted for at any 
public election held within this State shall, within 

Candidates shall 

thirty days after such election, file as hereinafter pro- file statemeot of , 

1 Jr expense incurred 

vided, an itemized statement, showing, in detail, all inaid of election - 

the moneys contributed or expended by him, directly 

or indirectly, by himself or through any other person, 

in aid of his election. Such statements shall give 

the names of the various persons who received such Contents of 

r statement. 

money, the specific nature of each item, and the pur- 
pose for which it was expended or contributed. There 
shall be attached to such statement an affidavit, sub- 
scribed and sworn to by such candidate, setting forth, 
in substance, that the statement thus made is in all 
respects true, and that the same is a full and detailed 
statement of all moneys so contributed or expended 
by him, directly or indirectly, by himself, or through 
any other person, in aid of his election. Candidates 



Affidavit. 



8 ELECTION LAW. 

for office to be filled by the electors of the entire State, 
or any division or district thereof greater than a 
county, and candidates' for either house of the gen- 
eral assembly, and for district judge, and for district 
statements, where attorney, shall file their statements in the office of the 
Secretary of State; and candidates for town and city 
offices shall file their statements in the office of the 
town or city clerk, respectively, and candidates for 
county offices, and for all other offices not otherwise 
above expressly provided for, shall file their state- 
ments in the office of the clerk of the county wherein 
such election occurs. Within thirty days after each 

Chairmen and ^ ^ 

cen^rcommittees 6160 ^^ 011 ' tne chairman and Secretary of State, county 

statements. an d city central committees of each and every politi- 

cal party presenting candidates, shall make and file 
a statement, under oath, setting forth, in detail, all 
sums of money received, from whom received, and to 
whom and for what purpose such money was paid by 
such committees during the preceding election. Cer- 
tificates of state chairman or secretaries shall be filed 
with the Secretary of State, and for the county chair- 
men and secretaries with the clerk of the county, and 
by city chairmen and secretaries with the city clerk. 
Any person or persons who shall violate the provis- 

Misdemeanor. inos of this section shall be deemed guilty of a mis- 
demeanor. Which certificates shall be preserved by 

P ?eserved es the officers with) whom, they are filed until the next 

general election, and shall be open to the inspection 
of the public. 

interfering with Sec 7. Any person who, at any election provid- 

officers of election. 

ed by law in this State, shall interfere m any manner 
with any officer of such election in the discharge of 
his duty, or who shall induce any officer of any^ elec- 
tion, or officer whose duty it is to ascertain, announce 



ELECTION LAW. 9 

or declare the result of any suck election, or give or 
make any certificate, document or evidence in rela- 
tion thereto, to violate or refuse to comply with his 
duty, or any law regulating the same, or who shall 

take, carry away, conceal or remove any ballot or bal- Taking or remov- 
ing ballot box, 

lot box, poll book or other thing from the polling poii book. etc. 
place, or from the possession of the person or per- 
sons authorized by law to have the custody thereof, 
or who aids, counsels, procures, advises or assists any 
person or persons to do any of the acts aforesaid. 
shall be guilty of a crime, and shall be punished as 
hereinafter provided- 
Sec. 8. A person offending against any provis- offender compe- 

A a " * tent witness. 

ion of sections one, two and seven of this act, is a com- 
petent witness against another person so offending, 
and may be compelled to attend and testify upon any 
trial, hearing, proceeding or investigation in the same 
manner as any other person. But the testimony so 
given shall not be used in any prosecution or pro- 
ceeding, civil or criminal, against the person so tes- 
tifying, except for perjury in giving such testimony. 
A person so testifying, shall not thereafter be liable Pe rsons testifying 
to indictment, prosecution or punishment for the of - Sdictment 
fense with reference to which his testimony was 
given, and may plead or prove the giving of testimony 
accordingly, in bar of such an indictment or prosecu- 
tion. 

Sec. 9. Any person convicted of any of the ,, , 

1 • Felony. 

crimes or offenses mentioned in sections one, two and 
seven of this act, shall be punished by a fine of not 
more than one thousand dollars or by imprisonment 
in the penitentiary for not less than one or more than 
five years, or by both such fine and imprisonment; 
and any person, corporation or agent of a corporation. 



IO 



ELKCTIOX LAW. 



. , miiltv of any offense herein made a misdemeanor 

Misdemeanor. ° " " 

shall, upon conviction, be punished by a line not ex- 
ceeding one thousand dollars, or by imprisonment in 
i he comity jail not exceeding one year, or by both 
such fine and imprisonment. Any candidate for 
Refusal or uegiect office who refuses or neglects to file the statement 

of candidate to file 

statement. prescribed in section six of this act, snail be deemed 

guilty of a misdemeanor, punishable as above pro- 
vided, and shall also forfeit his office. 

Sec. 10. The provisions of this act shall extend 
so far as applicable to all elections provided by law, 
either general, special or primary. 

Sec. 11. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed; 
Provided, That the repeal of such acts or parts of acts, 
or any of them shall not be construed to affect any 
offense committed or any prosecution or proceeding 
instituted or pending under the laws so repealed. 

Approved March 7, 1891. 



Applicable to all 
elections. 



Repeal. 



Saving clause. 



ELECTION LAW. II 



ELECTIONS. 



(S. B. 28.) 

AN ACT 

IN RELATION TO ELECTIONS. DEFINING OFFENSES AGAINST THE 
SAME AND PRESCRIBING PUNISHMENTS THEREFOR. 

Be it enacted by the General Assembly of the State of Colorado: 

Section 1. All ballots cast in elections for pnb- Ballots printed 

. . „ ,. n and distributed at 

lie officers or for tne decision of any question sub- public expense, 
mitted to electors, within this State shall be printed 
and distributed at public expense. The printing of 
ballots and cards of instruction for the Toters of each 
county, and the delivery of the same to the election 
officers as hereinafter provided, shall be a count v 

" Shall be a countv 

charge, the payment of which shall be provided for in charge. 
the same manner as the payment of other county ex- 
penses, but the expense of printing and delivering 
ballots and cards of instruction to be used in muni- i n municipal eiec- 
cipal elections shall be a charge upon the city or town up£ndtyo?town. 
in which such election shall be held. 

Sec. 2. This chapter shall not apply to any elec- 
tion for school officers held at any time other than a elections' 3 
regular election for State, county or city officers, nor 
to any special election at which no persons are to be 
voted for, for any city, county or State office. 



12 



ELECTION LAW. 



NOMINATION OF CANDIDATES. 



Who may niake 
nominations. 



Convention 
defined. 



Sec i\. Any convention of delegates of a politi- 
cal party which presented candidates at the last pre- 
ceding election held for the purpose of making nomi- 
nations to public office, and also voters to the num- 
ber hereinafter specified may nominate candidates 
for public offices to be filled by election within this 
State. A convention within the meaning of this act 
is an organized assemblage of voters or delegates 
representing a political party, which at the last elec- 
tion before the holding of such convention polled at 
least ten per centum of the entire vote cast in the 
State, county or other political division or district 
for which the nomination may be made. A com- 
mittee appointed by any such convention may also 
m^k^nomin^tfons make nominations to public office when authorized to 
do so by resolution duly passed by the convention at 
which such committee was appointed. 



when authorized. 



CERTIFICATES OF NOMINATIONS BY 
CONVENTIONS. 



Nominations— 
how certified. 



CoDtentsof 
certificates. 



By whom signed 
and certified to. 



Sec. 4. All nominations made by such conven- 
tion or committee shall be certified as folloAvs: The 
certificate of nomination, which shall be in writing, 
shall contain the name of the office for which each 
person is nominated, the name, postoffice address, if 
any, and residence of each such person, and if in a 
city, the street, number of residence and place of busi- 
ness, if any, and shall designate, in not more than 
five words, the party whicn such convention or com- 
mittee represents. It shall be signed by the presid- 
ing officer and secretary of such convention or com- 
mittee, who shall add to their signatures their re- 
spective places of residence, and postoffice address, 



ELECTION LAW. 13 

if any, and make oath, before an officer qualified to 

administer the same, that the affiants were such 

officers of such convention or committee and that 

said certificates and the statements therein contained 

are true, to the best of their knowledge and belief. 

When the nomination is made by a committee, the Additional state- 
ment when norm 

certificate of nomination shall also contain a copy of nation . ™ ade b y 

-*- " committee. 

the resolution passed at the convention, which au- 
thorized the committee to make such nomination. In 
the case of electors of President and Vice-President candidates for 
of the United States, the names of candidates f or vice-pS?si<Snt. 
President and Vice-President may be added to the 
political party or appellation. 

CERTIFICATE OF NOMINATION BY 
INDIVIDUALS. 

Sec. 5. Certificates of nomination of candidates certificates- 
for offices to be filled by the voters of the entire State, w 
or of any division or district greater than a county, 
shall be filed with the Secretary of State. Certificates 
of nomination of candidates for offices to be filled by 
the voters of any city or town shall be filed with the 
clerk of such city or town. All other certificates of 
nominations shall be filed with the clerks of the re- 
spective counties wherein the officers are to be elected. 

NOMINATIONS OTHER THAN BY CONVEN- 
TIONS. 

Sec. 6. Candidates for public office may be nom- 
inated otherwise than by a convention or committee 
in the manner following: A certificate of nomina- contents 



& 



of 



certificate 

tion containing the names of the candidates for the 
offices to be filled, with such information as is re- 
quired to be given in certificates provided for by sec- 



14 ELECTION LAW. 

tion four of this act, except thai said certificate shall 
designate in not more than five words, instead of the 
party, the political 01 other aame, which the signers 
shall select; shall be signed by voters residing within 
the district or political division in and for which the 
officer or officers are to'be elected, to the number of at 

Number of signer? , „ , , .. n . . 

least nve hundred, when the nomination is for an 
office to be filled by the voters of the entire State; of 
at least one hundred when the nomination is for an 
office to be filled by the voters of the district, less 
than the State and greater than a county, or by the 
voters of a county or city; of at least fifty when the 
nomination is for an office to be filled by all the voters 
of a ward, town or other division less than a county, 
other than a city. The signatures to a certificate of 
nomination is for an office to be filled by all the voters 
„ ., The certificate may designate or appoint upon the 

Certificate? may • o x i a 

morf per e sons e to r f ace thereof, one or more persons who, for the pur- 
sent signers. p 0seg set f 0Y ^ j n sections fourteen and fifteen of this 
act, shall represent the signers of said certificate. 
Each voter signing a certificate shall add to his sig- 
nature his place of residence and shall, before an 
officer duly authorized to take acknowledgments, ac- 

sienatures shaii be knowledge his signature and make oath that he is a 

acknowledged. e ° 

voter within and for the political division for which 
such nomination is made, and has truly stated his 
residence. Said certificate, when executed and ac- 
knowledged as above prescribed, may be filed as pro- 
whele^fedT vided for in section four of this act, in the same 
manner and with the same effect as a certificate of 
nomination made by a convention or committee. 



ELECTION LAW. 1 5 

CONTEXTS OF CERTIFICATES OF NOMINA- 
TION. 

Sec. 7. No certificate of nomination shall con- certificates cou- 

-l • a ,,, taiuing more 

tain the names or more candidates lor any office than names of candi- 
dates than offices. 

there are offices to fill, but if any such certificate does 
contain the names of more candidates than there are 
offices to fill, only those names which come first in 
order on such certificate, and are equally numbered 
with the number of offices to be filled, shall be taken 
as nominated, and all the rest of such names shall be 
treated as surplusage. Xo person shall sign more 
than one certificate of nomination for any office. 

PRESERVATION OF CERTIFICATES. 

See. S. The Secretary of State shall cause to be certificates shaii 
preserved in his office, for the period of two years, all yJS** 
certificates of nomination filed therein under the pro- 
visions of this act; and each county clerk or city clerk 
shall cause to be preserved in his office for a like 
period, all certificates of nomination filed therein. 
All such certificates shall be open to public inspec- open to inspection 
tion, under proper regulations, to be made by the 
officers with whom the same are filed. 

FILIXG OF CERTIFICATES OF NOMINATION. 

Sec. 9. When nominations are made by a con- 
vention or committee, as provided for in section four Nominations by 

convention or 

ot tins act, the certificates of nomination to be filed committee. 

with the Secretary of State shall be filed not more 

than sixty nor less than thirty days before the day wwS^SScates 

of election and the certificates of nomination herein sha11 be filed - 

directed to be filed with the comity clerk, shall be 

filed not more than sixty, nor more than fifteen days 



l6 ELECTION LAW. 

before election; and the certificates of nomination 
herein directed to be filed with the city clerk shall 
be filed not more than thirty nor less than fifteen days 
before the day of election. Certificates of nomina- 

Noniinations ,. ,, ,, , ,. ... 

otherwise than by tion, otherwise than by a convention or committee, 
committee, made according to the provisions of section six of this 

act, shall, w^hen required, to .be filed w r ith the Secre- 
tary of State be filed not more than forty nor less 
than thirty days before election ; and when required to 
be filed with the county clerk, shall be filed not more 
than thirty nor less than fifteen days before election; 
and wiien required to be filed with the city clerk, 
shall be filed not more than thirty nor less than fif- 
teen days before election. All certificates of nomina- 
tions made by conventions shall be filed in the proper 
whTcVcertificates offices, not later than five days after the date of such 
nominations. 



shall be filed. 



clerk. 



CERTIFYING NOMINATIONS TO COUNTY 
CLERKS. 

secretary of state Sec. 10. The Secretary of State shall, immedi- 

fnationYtocounTy ately upon the expiration of the time within which 
certificates of nomination may be filed with him and 
corrections thereof made, certify to the county clerk 
of each county, within which any of the voters may 
by law vote for the candidates named in the certi- 
ficate, the name and description of each such candi- 
date, together with the other details mentioned in 
such certificate of nomination so filed with the Sec- 
retary of State. 

PUBLICATION AND POSTING OF NOMINA- 
TIONS. 

Sec. 11. For at least six successive days before 
an election to fill any public office, the county clerk 



ELECTION LAW. 1 7 

of each county or the city or town clerk of each town 

shall give notice in not less than two and not moreN otice P fno ™ iu ^ 

?:> tions given by 

than four newspapers published within the county, P ublication - 
a list of all nominations to offices certified to him un- 
der the provisions of this act. Such publication shall 
contain the name and residence, and, if in a city, the contents and form 

of notice. 

street, number of residence and place of business, if 
any, and the party or other designation of each can- 
didate, and shall be, as far as possible, in the form in 
which such nominations shall appear upon the official 
ballots. In the case of municipal elections such pub- 
lication of the names of candidates for municipal Publication of 

notice in niunici- 

offices shall be made in newspapers which are pub- P al elections. 
lished Avithin the municipality where the election is 
to be held. One of such publications shall be made 
in a newspaper which advocates the principles of the 
political party that at the last preceding State elec- 
tion cast the largest number of votes, and another 
of such publications shall be made in the newspaper 
which advocates the principles of the political party 
which at the last preceding State election cast the 
next largest number of votes. The county clerk, in 
selecting the respective papers for such publication 
shall select those which, according to the best in- 

° Notice shall be 

formation he can obtain, have the largest circulation P ublish ed m 

~ papers having 

within the county. For the purpose of ascertaining largest circulatioQ 
which paper published in said county has the largest 
circulation, the county clerk may require a sworn cer- 
tificate showing the number of bona fide subscribers 
to each newspaper. In making additional publica- 
tions, county clerks shall keep in view the object of 
giving information as far as possible to the largest 
number of votes of all political parties, and in no 
event shall such additional publication be made in 
two newspapers representing the same political party. 



i8 



ELECTION LAW. 



Where there are 
no daily news- 
papers. 



The county clerk shall make such publications daily 
mdSv tions made in the counties where daily newspapers are published, 
newspapers. ^ ut if tnere t> e no daily newspaper published within 
the county, one publication in each newspaper shall 
be sufficient. Should the county clerk find it imprac- 
ticable to make the publication six days before elec- 
tion day in counties where no daily paper is printed, 
he shall make the same at the earliest possible day 
thereafter, and one of the publications in any news- 
paper shall be in the last issue thereof before the day 
of election. In counties where there are no daily 
papers, the county clerk shall make the publication 
at the earliest possible day after the filing in his office 
of such certificates of nomination, and in counties 
where it is impracticable to make such publication in 
newspapers advocating opposite political principles 
such publication shall be made in the newspaper 
having the largest circulation, and in counties where 
there are no newspapers published, the county clerk 
shall post double the number of printed lists and 
such additional lists shall be posted in other conspic- 
uous places in different portions of the county. 

Sec. 12. The county clerk of each county and the 
city clerk of each city and the town clerk of each town 
shall, at least six days before election day, send to the 
election officers in each election precinct in such 
county, city or town at least five and not more than 
ten copies, for each election precinct, of printed lists 
containing the name and residence, and if in a city, 
the street, number of residence and place of business 
if any, and party or other designation of each candi- 
date nominated, as hereinbefore provided, to be voted 
for by the voters of the respective counties, cities or 
towns. Such lists shall, at least three davs before 



Where there are 
no newspapers, 
lists shall be 
posted in conspic- 
uous places. 



County, city or 
town clerks shall 
send printed lists 
of nominations to 
precinct officers. 



ELECTION LAW. 19 

the day of election, be conspicuously posted bv such usts shaii be con- 

7 * •/ x v spicuously posted 

election officers in one or more public places in each in P recin6t 
election precinct of the county, city or town, one or 
more of which shall be duly placed where such elec- 
tion is to be held. 

OBJECTIONS TO NOMINATIONS. 

Sec. 13. All certificates of nomination which 
are in apparent conformity with the provisions of this certificates 

deemed valid 

act, shall be deemed to be valid, unless objection there- unless written 

objection filed. 

to shall be duly made in writing within three days 
after the filing of the same. In case such objection 
is mule, notice thereof shall forthwith be mailed to Candidatesshall 
all candidates who may be affected thereby, ad- objections. ° 
dressed to them at their respective postomce ad- 
dresses, if any, or places of residence, as given in the offi <* r with who* 

7 " 7 L ' ° certificate filed 

certificate of nomination. The officer with whom the JaiSityof upon 
original certificate was filed shall pass upon the va- ob J ection 
lidity of such objection and his decision shall be final ; 
Provided, Such officer shall decide such objection 

. . Defect may be 

within at least f ortv-eight hours after the same is cured by amend- 

" ^ ment or by new 

filed, and any objection sustained may be remedied certificate * 
or defect cured upon the original certificate, or by an 
amendment thereto, or by filing a new certificate 
within three days after such objection is sustained. 

ACCEPTANCE OF NOMINATIONS. 

Sec. 14. Every person nominated for any pub- 
lic office as in this act provided, shall, within five days 
after the filing of the certificate or nomination paper 
containing his nomination, in the proper office, accept Maunerof 
such nomination in a written declaration signed and acce P tance - 
acknowledged before an officer authorized to take 
acknowledgments; the failure of any such nominee 



20 



ELECTION LAW. 



nation treated as 
vacant 



rpon failure to file to so accept such uomination and file such declaration 

acceptance, nomi- 

of acceptance within the time aforesaid, shall be 
deemed a declination, and such nomination shall be 
treated as vacant, which vacancy shall be filled as 
provided for other vacancies herein. Two or more 
nominees may make and acknowledge such accept- 
ance in one paper; Provided, That any person nomi- 
nated for any office by either of the two leading polit- 
ical parties which presented candidates at the last 
preceding election shall be deemed to have accepted 
such nomination unless such candidate shall file with 
the officer having the custody of such certificate of 
nomination a written declination of such nomination 
within said five days. 



Nominees of two 
leading political 
parties deemed to 
have accepted 
unless written 
declination filed. 



To fill vacancies 
on the ballot. 



VACANCIES IX NOMINATIONS. 

Sec. 15. Should any person so nominated die 
before election day, resign or decline the nomination 
as in this act provided, or should any certificate of 
nomination be insufficient or inoperative, because of 
failure to remedy or cure the same, the vacancy or 
vacancies thus occasioned may be filled in the same 
manner required for original nominations. If the 
original nomination was made by a party convention 
which had delegated to a committee the power to fill 
vacancies, such committee may, upon the occurring 
of such vacancies, proceed to fill the same. The 
chairman and secretary of such committee shall there- 
upon make and file with the proper officer a certificate 
setting forth the cause of the vacancy, the name of 
the person nominated, the office for which he was 
nominated, the name of the person for whom the new 
nominee is to be substituted, the fact that the com- 
mittee was authorized to fill vacancies, and such fur- 



ELECTION LAW. 21 

ther information as is required to be given in an 
original certificate of nomination. The certificate so 
made shall be executed, sworn to and acknowledged 
in the manner prescribed for the original certificate 
of nomination, and shall, upon being filed at least 
eight days before the election, have the same force 
and effect as an original certificate of nomination. 
When such certificate shall be filed with the Secre- ff s ^Ssh S aTi retary 
tary of State, he shall, in certifying the nominations nominations. 
to the various county clerks, insert the name of the 
person who has been nominated to fill a vacancy in 
place of the original nominee, and in the event that 
he has already sent forward his certificate, he shall 
forthwith certify to the clerks of the proper counties 
the name and description of the person so nominated 
to fill a vacancy, the office he is nominated for, to- 
gether with the other details mentioned in the certifi- 
cate of nomination so filed with the Secretary of 
State, and the name of the person for whom such 
nominee is substituted. The chairman and secretary chairmen and 

/. t ... .,.t -, -i/-»i secretaries of 

of such committee may m like manner make and file county committees 
with the proper officer a certificate setting forth the vacancy on ticket. 
occurrence of a vacancy by death, resignation or 
otherwise, and the further fact that it is not the in- 
tention of such committee to fill such vacancy; when 
such certificate shall be filed with the Secretary of 
State, he shall certify such vacancy to the several 
county clerks forthwith. All resignations of any Resignation of 
candidates nominated for public office shall be made made dates How 
to the committee or officers representing their party, 
or persons making such nomination, and it shall be 
the duty of such persons to certify such resignation 
to the proper officer within five days thereafter, and 
in case of neglect or refusal of any such committee 



22 ELECTION LAW. 

upon refusal of or officers to so certify such resi g 1 1 i i lion, so that sai<l 

coJTrS'mty act act names may be omitted from the official ballot, upon 

the complaint of the person aggrieved, it shall be 

the duty of the district or county court of the county 

wherein such nomination was originally filed, upon 

the written complaint of the person aggrieved, to 

summarily hear and determine such complaint, and 

upon proof of such resignation, together with such 

neglect and refusal by said committee or officers, to 

compel the filing of such certificate of resignation. 

no new certificates Tne Secretary of State shall not be required to make 

ef g V ht C days o7 thin ail . v certificates of new nominations or vacancies after 

eight days before election day, exclusive of election 

day. 

SUBMITTING CONSTITUTIONAL AMENDMENTS 

Sec. 16. Whenever a proposed constitutional 
proposed constitu- ameD( l men t or other question (except the incurring 
S > rtffi 1 edby ndme,It of a bonded indebtedness) is to be submitted to the 
tS C c r ountyde S rk te people of the State, for popular vote at any general 
election, the Secretary of State shall duly, and not 
less than fifteen days before election, certify the same 
to the clerk of each county of the State, and the clerk 
included in pubii- of each county shall include the propositions or ques- 
tions to be submitted as they Avill appear in the bal- 
lot to be used on election day, in the publication pro- 
vided for by section eleven of this act, and in the no- 
tice provided for by section twelve. 

PREPARATION OF BALLOTS. 

Sec. 17. Except as in this act otherwise provid- 
ed, it shall be the duty of the county clerk of each 

County clerk shall 

provide printed county to provide printed ballots for eve^ election 
of public officers in which the voters or any of the 



ELECTION LAW. 23 

voters within the count}- participate, and to cause 
to be printed on the ballot the name of every candi- 
date, whose nomination has been certified to or filed 
with the county clerk in the manner provided for in 
this act. It shall be the duty of the clerk of any city city or town cierk 

. shall provide 

or town to provide printed ballots for everv election printed ballots for 

municipal election . 

of public officers in which) the voters, or any of the 
voters, of such city or town participate, and to cause 
to be printed on the ballot the name of every candi- 
date whose nomination has been certified to or filed 
with such city or town clerk in the manner provided 
for in this act. Sample ballots printed upon paper sample ballots, 
of a different color from the official ballots, but in the 
form of those to be used on election da}*, each con- 
taining the names of the candidates which are to be 
printed upon the appropriate official ballot, shall be 
printed and in the possession of the county clerk or 
other officers charged with the duty of preparing such 
ballots, seven days before the day of election, subject 
to public inspection. The official ballots shall be official ballots 
printed and in the possession of the county clerk or 
city or town clerk at least four days before election, 
and subject also to inspection by the candidates and 
their agents. Sample ballots shall be delivered to Saraple ballots 
the election officers and posted with the cards of in- efictfon officers. 
struction provided in section thirty. 

FORM, NUMBER AND CORRECTION OF 
BALLOTS. 

Sec. 18. Every ballot, intended for the use of 
voters, shall contain the names of all candidates for Baiiot contain oni y 

names of 

offices to be balloted for at that election, whose nomi- candidates. 
nations have been duly made and accepted as herein 
provided, and wiio have not died or withdrawn, and 



24 ELECTION LAW. 

shall contain no other names of persons, except that 
Exception. i n case f electors for President and Vice-President of 

the United States, the names of the candidates for 
President and Vice-President shall be added to the 
party or political designation; the name of each per- 
son nominated shall be printed npon the ballot in but 
one place, but there shall be added opposite to the 
name of each person nominated, the party or parties 
rnowedTn g Siiot n or political' designation, expressed in not more than 
three words for one party, as specified in each of the 
certificates of nomination nominating him for the 
Names of office. The naines of the candidates for each office 

candidates for each 

a^naSafc y aforder. sha11 be arranged under the designation of the office, 
in alphabetical order, according to surnames, except 
that the names of the candidates for the offices of 
elector^ of President and Vice-President of the United 
States shall be arranged in groups, as presented in 
the several certificates of nomination. There shall 
be left at the end of the list of candidates for each 
different office as many blank spaces as there are per- 

Eiector may write sons to be elected to such office, in which the elector 

name of candidate ., ., „ , ,, 

not on baiiot. may write the name of any person not printed on the 
ballot for whom he desires to vote as a candidate for 
such office. Whenever the approval of a constitutional 
amendment or other question is submitted to the 

Questions on vote of the people, such questions shall be printed 
upon the ballot after the lists of candidates. The 
ballot shall be so printed as to give to each voter a 
clear oportunity to designate by a cross mark (X) in 
a sufficient margin at the right of the name of each 
candidate, his choice of candidates and his answer to 
the questions submitted, and on the ballot may be 
printed such words as will aid the voter to do this, as 
"Vote for one," "Vote for three," "If you have not 



ELECTION LAW. 25 

voted a straight ticket above, place a cross mark (X) ^ T ^^l shaU 
with ink opposite each name you wish to vote for in 
the blank space left for that purpose," and the like. 
It shall be lawful to designate the political party or 
nominating committee by which each list of candi- 
dates is nominated, by an appropriate emblem or de- ^bafiot r emblem 
sign, such as a flag, eagle, rooster or other device, as 
may be set forth in the certificate of nomination; 
Provided, No two sets of nominations shall use or 
have the same device, and each political party or 
nominating committee shall have the prior right to 
use the device used by it at the last similar election. 
When any political party or nominating committee 
in its certificate of nomination certifies any such em- 
blem or device, the name or title of such party or 
nominating committee (in not more than three 
words), together with such emblem, or device, oppo- £j rt Hnted o„ iay 
site thereto shall be placed in a line at the top of the^J^ 1111 
ballot with a blank square opposite thereto in which 
a cross mark may be placed b} T the voter; all such 
party designations and emblems, so certified shall be 
placed in parallel lines, one under another, on the 
top part of the ballot above the list of candidates. 
Proper words of instruction shall also be inserted ^ter UClions to 
such as these: "To vote a straight ticket place a cross 
mark (X) with ink in the square opposite your party 
emblem." It shall be lawful for a voter to make a 
cross mark in any such square following any such ^^whSf/iist 
party name and emblem, and such mark shall indi- an^part^ 5 ° f 
cate and be counted as a vote for each and every can- 
didate on the ballot nominated by the party or com- 
mittee after whose name and emblem the mark is so 
placed. The extreme top part of each) ballot, above 
the portion which contains the names of the candi- 



26 



ELECTION LAW. 



Top of ballot 
perforated and 
numbered. 



Ballots shall be 
uniform in type 
and paper. 



Endorsement of 
couutj' clerk on 
ballot. 



None but official 
ballots allowed. 



dales to be voted for and the party and committee 
names and emblems, shall he divided by two perfo- 
rated lines, into two spaces, each of which shall be 
not less than an inch in width, the top portion being 
known as the stub, and the next portion as the dupli- 
cate stnb; upon each of said stubs, nothing shall 
be printed except the number of the ballot, and tin 1 
same number shall be printed upon both stubs. Stubs 
and duplicate stubs of ballots shall both be numbered 
consecutively by numbers thereon. All ballots shall 
be uniform and of sufficient length and width to al- 
low for the names of candidates and officers to be 
printed in clear plain type, as herein required, with a 
space of at least one-half inch between the different 
columns on said ballot. On the back of each ballot 
shall be printed in capital letters in two-line pica 
gothic, or type not smaller in size, the endorsement: 

"Official ballot for " and after the word 

"for" shall follow the designation of the election pre- 
cinct or political division, for which the ballot is pre- 
pared, and the date of the election, and a fac simile 
of the signature of the clerk who has caused the bal- 
lot to be printed. The ballot shall contain no caption, 
or other endorsement except as in this section pro- 
vided. Each county, city or town clerk shall use pre- 
cisely the same quality and tint of paper and kind of 
type, and quality and tint of plain black ink for all 
ballots furnished by him at one election. Whenever 
candidates are to be voted for only by the voters of a 
particular district, county, city, town or other politi- 
cal division, the names of such candidates shall not 
be printed on any other ballot than those provided 
for use in such district, county, city, town or political 
division respectively. The ballots shall be of such 



ELECTION LAW. 2J 

form and the endorsements thereon so printed that 

they may be folded in snch a way that when so 

folded the whole endorsement shall be visible and the 

contents of the ballot shall not be exposed. There 

shall be but one ballot box at each polling place f or one baiiot box. 

receiving ballots cast for candidates for office. 

Sec. 19. The county clerk of each county, and 
the city clerk of each city, and the town clerk of each 
town, when charged by this act with the duty of print- 
ing and preparing ballots, shall provide, for each 
election precinct in a county, city or town, one hnn- S U b^ b p e ro?ide a d lots 
dred ballots for every fifty or fraction of fifty voters 
registered at the last preceding election in the elec- 
tion precinct. If there is no registry in the precinct, 
snch ballots shall be provided to the number of one 
hundred of each kind for every fifty or fraction of 
fifty voters who voted at the last preceding election 
in such precinct. When a precinct shall be divided, 
or the boundaries changed, the county clerk, or city 
clerk, or town clerk, as the case may be, must ascer- 
tain as nearly as possible the number of voters in the 
new precinct or precincts and provide therefor a suffi- 
cient number of ballots in the above proportion. 

Sec. 20. Whenever it shall appear by affidavit 
of a candidate or his agent, that an error or omission ro7°e55 t? y b order 
has occurred in the publication of the names or de- ?ouSt y d cou"ts. or 
xription of the candidates nominated for office, or 
in the printing of the sample or official ballots, the 
district or county court, or a judge thereof, either in 
term time or vacation, may upon petition of such can- 
didate, or his agent, by order require the county 
clerk, city clerk, or town clerk, charged with the duty 
in respect to which an error or omission has occurred, 
to forthwith correct such error, or to forthwith show 



Count}-, city or 
town clerks shall 
correct errors in 
ballots. 



28 ELECTION LAW. 

cause why such error should not be corrected. < k>sts, 
brthe n cour b t etaxedincluclil1 .- a reasonable attorney's fee, may be taxed, 
in the discretion of such court or judge, against either 
party. The county clerk, city clerk, or town clerk 
shall also, on their own motion, correct without delay 
any error in all ballots which he or they may dis- 
cover, or which shall be brought to his or their atten- 
tion, and which can be corrected without interfering 
with the timely distribution of the ballots as herein 
provided. WheneA^er any controversy shall arise 

proceeding in case ^ etween anv omc i a l charged with any duty or func- 
of controversy. ti(m lin ^ er tn i s ^^ and an y candidate, or the officers 

or representatives of any political party, or persons 
who have made nominations, upon the filing of a peti- 
tion by any such official or persons, setting forth in 
concise form the nature of such controversy and the 
relief sought, which petition shall be under oath, it 
shall be the duty of such court, or the judge thereof 
in vacation, to issue an order commanding the re- 
spondent in such petition to be and appear before the 
court or judge, and answer under oath to such peti- 
tion; and it shall be the duty of the court or judge 
to summarily hear and dispose of any such issues, 
with a view of obtaining a substantial compliance 
with the provisions of this act by the parties to such 
controversy, and to make and enter orders and judg- 
ments, and issue the writ or process of such court to 
enforce all such orders and judgments. The provi- 
sions of this act shall be liberally construed, so as to 
carry out the intent of this act, and of political par- 
ties, nominees and others in proceedings under this 
act. 



ELECTION LAW. 29 

DISTRIBUTION OF BALLOTS. 

See. 21. The county clerks of the various coun- Ba]lots delivered 
ties of the State, and the city and town clerks, as the a ° ^ e p c ^ e j u f dges 
case may be, shall prior to an election cause to be de- county 
livered, at the expense of the county, city or town to 
the election judges in the respective precincts, the 
proper number of ballots provided for the use of the 
voters at such election in such precinct. The same 
shall be sent in two sealed packages for each election packages™ sealed 
precinct in said county, city or town with the marks 
on the outside of each, clearly stating the election 
precinct and polling place for which it is intended, 
together with the number of ballots enclosed. Each 
of such packages shall contain one-half of the number 
of ballots intended for such election precinct. Such 
packages shall be delivered between the Saturday when and to 

whom delivered. 

noon and the Monday noon before election day, one 

to each of the two judges of election in each precinct, 

who are members of the political parties which cast 

the largest and next largest numbers of votes at the 

last general State election. Receipts for ballots thus Election judges 

delivered shall be given by the election judges who re- for tickets with s 

ceive them, and filed with the clerk of the county, city 

or town, as the case may be, who shall also keep a 

record of the time when, and the manner in which 

each of said packages was sent and delivered. The 

several election judges receiving such packages shall, 

at the opening of the polls on election day produce 

the same, with the seals unbroken, in the proper poll- Packages opened 

ing place, and shall in the presence of all three judges t SS e f u e d 1 ges 0f a11 

open the said packages. 

Sec. 22. If the ballots to be furnished to any 
election judges, as herein provided, shall not be de- 
livered at the time above mentioned, or if after de- 



3° 



ELECTION LAW. 



livery they shall be destroyed or stolen, it shall be 
the duty of the said clerk of the county, city or town 
to cause other ballots to be prepared, as nearly in the 
form prescribed as practicable, with the word "sub- 
substitute baiiots. stitute" printed in brackets immediately under the 
fac-simile signature of the clerk preparing such bal- 
lots, and upon receipt of ballots thus prepared from 
such clerk, accompanied by a statement under oath 
that the same have been so prepared and furnished 
by him, and that the original ballots have so failed 
to be received or have been destroyed or stolen, the 
election judges shall cause the ballots so substituted 
to be used at the election. If from any cause none 
of the official ballots nor substitute ballots prepared 
by the county, or city or town clerk, as herein pre- 
scribed, shall be ready for distribution at any polling 
place, or if the supply of ballots shall be exhausted 
before the polls are closed, unofficial ballots, printed 
or written, made as nearly as possible in the form of 
the official ballots, may be used until substitutes pre- 
pared by the clerk, as provided in this section, can be 
printed and delivered. 



Unofficial ballots. 



APPOINTMENT OF JUDGES AND CLERKS OF 
ELECTION. 



Count}' commis- 
sioners shall 
appoint election 
judges. 



Sec. 23. Judges and clerks of election shall be 
appointed for each election precinct in the manner 
following: In all counties of class "A" and of the first 
and second classes according to the classification of 
counties, made for the purpose of fees, during the first 
week of the session of the board of county commis- 
sioners for each such county in the State, which com- 
mences on the first Monday of October in each year, 
and in all other counties, according to such classifi- 



ELECTION LAW. 31 

cation, during' the first week of the session of the 
board for each such county which commences on the 
first Monday of July of each year, they shall appoint 
three qualified electors, two of whom shall be of oppo-^ fi s catioDSOf 
site political parties, to act as judges of election in 
each election precinct, at all general and special elec- 
tions, until their successors are appointed. On or 
before the last days of September and June respec- 
tively in each year, such political parties may each file 
with the clerk of the board of county commissioners, may eTe HsYof s 

,..-,.,. . . , t persons qualified 

a list, designating six or more persons m each elec- to act as judges. 
tion precinct in such county, together with their resi- 
dence and occupations, which list shall be subscribed ^jbscribedlnd 
by the chairman or secretary of the county organi- verified 
zation of such political party, and an affidavit shall be 
added thereto, subscribed by the said chairman or sec- 
retary, stating that he is such officer or acting officer, 
duly appointed and with authority to file such list on 
behalf of such party; that the names submitted are 
names of qualified electors of such precincts, respec- 
tively; that, according- to the best knowledge and be- 
lief of such affiant, each of such persons named in 
such list is a creditable and trustworthy person; and 
the county commissioners shall appoint one of such J^ers s C han mis ~ 
persons in each precinct so recommended in each of imperious L 
said lists, as election judge. Whenever all or any of ea 
the political parties so entitled shall fail to file such Failure to file List 

or incomplete 

list or lists, or whenever such list or lists when filed lists 
shall be incomplete, all such omissions shall be sup- 
plied and persons selected by the board of commis- 
sioners. Vacancies in the office of "judge of election XTaM „^ M 
shall be filled as now provided by law. Clerks ofcierk*. 
election shall be selected as now provided by law. If 
any board of commissioners shall fail to comply with 



32 



ELECTION LAW. 



Fenalty for failure 
of commissioners 
to comply with 
this section. 



Board shall have 
authority to 
decide conflicting 
claims as to right 
to file lists. 



Perjury. 



Appointment of 
judges for 
"municipal 
elections. 



Misdemeanor. 



the provisions of this section, each and every mem- 
ber thereof shall be guilty of a misdemeanor, and 

shall be punished by a fine of not less than ten 
nor more than one hundred dollars for every offense, 
and the neglect and failure to designate any one 
judge properly suggested in accordance herewith, 
shall be a separate offense. In case of a conflict aris- 
ing before such board, owing to different persons 
claiming the right to certify such list for any political 
party, the board shall have authority to decide be- 
tween such lists; Provided, That they shall select only 
names included in a sworn list, as above mentioned; 
And provided further, That any person making a 
false statement in any such affidavit shall be guilty of 
perjury and punished as provided by law. The officers 
of all cities and towns, whether incorporated under 
general law or special charter, who may be by law au- 
thorized to appoint judges of election for any election 
therein, shall in like manner, upon like application, 
appoint the election judges for each precinct from 
different political parties in the manner aforesaid. 
Any such officer failing to comply with this provision 
shall be guilty of a misdemeanor, punishable as in the 
cases of count v commissioners. 



POLLING PLACES AND COMPARTMENTS. 

Sec. 24. All officers upon whom is imposed by 
law the duty of designating polling places, shall pro- 
vide in each polling place designated by them, a suffi- 
voting booths. cient number of voting booths, or compartments; 
which shall be furnished with such supplies and con- 
veniences, including shelves, pens, penholders, ink 
and blotting paper, as will enable the voter to pre- 
pare his ballot for voting; and in which voters may 
prepare their ballots screened from observation, as 



ELECTION LAW. 33 

to the manner in which they do so; and a guard rail Guard rail, 
shall be so constructed and placed that only such per- 
sons as are inside such rail can approach within six 
feet of the ballot box and of such voting booths and 
compartments. The arrangements shall be such that 
the voting booth or compartment can only be reached 
by passing within such guard rail. And both they 
and the ballot boxes shall be in plain view of the elec- 
tion officers and of those outside the guard rail. Each 
booth or compartment shall be at least three feet menfoV vodn g ge " 
square, and shall contain a shelf, which shall be at 
least one foot wide, extending across one side of the 
booth or compartment at a convenient height for 
writing, and shall be so arranged that the voter can 
prepare his ballot screened from observation. No 

person other than the election officers and watchers who admitted in- 
side of guard rail. 

provided by law, and those admitted for the purpose 
of voting, as herein provided, shall be permitted with- 
in such guard rail, except by authority of the judges 
of election, and then only when necessary to keep 
order and enforce the law. The number of such Number of voting 

booths. 

voting booths or compartments shall not be less than 
one for every fifty voters who voted at the last elec- 
tion in the district. The officers who are charged 
with the duty of providing voting booths or compart- 
ments, shall also furnish for each polling place in 
their respective towns and cities, a ballot box, which Ballotbox - 
shall be large enough to properly receive and hold the 
ballots to be cast for candidates for offices, in con- 
formity with the provisions of this act. The expense 
thereof shall in all cases be a public charge, to be pro- p r X oviXd7o h r° w 
vided for in the same maner as other election expen- 
ses. At the times now prescribed by law T , and in each 
year hereafter, the officers charged by law with the 

2 



34 



ELECTION LAW 



division or alteration of the election precincts, shall 
alter or divide the existing election precincts, when- 
Sianc^ufa^nnot ever necessary, in such manner that each election pre- 
cinct shall contain not more than two hundred and 
fifty voters, 



more than 250 
voters each 



MANNER OF PREPARATION OF BALLOTS AND 

VOTING. 



person desiring g ec 25. Anv person desiring to vote shall give 

to vote shall give •/ Jf a i-> 

his name. ],j s name) frn^ if requested so to do, his residence, to 

one of the judges of election, who shall thereupon 
announce the same in a loud and distinct tone of 
voice, clear and audible, and if such name is found 
upon the registry list by the election judge or clerk 
having charge thereof, he shall likewise repeat the 
said name, and the voter shall be allowed to enter 
the space enclosed by the guard rail, as above pro- 
vided. An election judge or clerk shall give him one 

Elector entitled to and onlv one ballot, which shall be removed from the 

only one ballot. 

package of ballots by tearing the same along the per- 
forated line between the stub and duplicate stub, and 
before delivering such ballot to the voter, the judge 
or clerk of election having charge of the ballots 
shall endorse his initials on the duplicate stub. The 
name of such voter shall be immediately checked on 
said list with the number of such duplicate stub. Be- 
sides* the election officers and watchers, not more than 
four voters in excess of the number of voting shelves 
or compartments provided shall be allowed in said 
enclosed space, within said guard rail, at one time, ex- 
cept as provided in section twenty-eight. Each of 
the political parties which cast the largest and next 
largest number of votes at the last general election in 
the State, shall be entitled to have one person as 



Judge or clerk 
shall endorse his 
initials on 
duplicate stub. 



What persons 
allowed within 
guard rail. 



ELECTION LAW. 35 

watcher within the guard rail during the casting and watchers, 
counting of votes and declaration of the result there- 
of. Such person shall be designated and his selection 
made known to the election officers by an affidavit 
made by the acting chairman of the county or State 
committee of each of such parties; Provided, That in 
case of temporary absence for meals or by reason of 
sickness or otherwise, the person so selected may have 
substituted for himself some other person of like po- watSJSs? 
litical belief, such substitute to be made known to the 
election judges by an affidavit of the person first so 
selected as watcher. When any person shall make 
application for a ballot, his right to vote at that poll 
and election may be challenged, and such proceedings challenges. 
shall thereupon be had before the judges of election 
as are now prescribed in case of challenge. If the 
person so applying is not entitled to vote, no ballot 
shall be delivered to him. Any person may also be 
challenged, as now provided by law, when he shall 
offer his ballot for deposit in the ballot box. Two 
challengers, representing each political party or set challenger to 
of nominations, shall be permitted to remain just out- side a o7 guard ran. 
side the guard rail, where they can plainly see what 
is done within the polling place, except within the 
said booths or compartments. The said polling place 
shall be so arranged that every part thereof, except polling place shaii 
inside the said booths or compartments, may be in chanengers^ud 

/.-,-,. * -i-i-n -, ■, watchers. 

full view of such challengers and watchers. 

Sec. 26. On receiving his ballot the voter shall 
forthwith, and without leaving the enclosed space, 
retire alone to one of the voting shelves or compart- How voter shall 
ments so provided, and shall prepare his ballot by prepare ballot ' 
marking in ink, in the appropriate margin or place, 
a cross (X) opposite the name of the candidate Of his 



36 ELECTION LAW. 

choice for each office to be filled; and in case of a 
question submitted to a vote of the people, by mark- 
ing in the appropriate margin or place a cross (X) 
against the answer which he desires to give; and in 
case of a vote for an entire or straight ticket or list of 
candidates, by marking a cross (X) in the appropriate 
square after the name and emblem designating such 
ticket or list of candidates. Before leaving the 
voter shaii fold voting shelf or compartment, the voter shall fold his 

ballot so as not to ° x ' 

disclose marks, ballot without displaying the marks thereon, in the 
same w r ay it was folded when received by him, so thai 
the contents of the ballot shall be concealed and the 
stub can be removed without exposing any of the con- 
tents of the ballot, and he shall keep the same so 
folded until he has voted. Each voter who lias pre- 
pared his ballot, and is ready to vote as aforesaid, 
shall then leave the compartment and approach the 
judges of election having the ballot box in charge and 
give his name to one of the judges of election, who 
shall announce it in a loud and distinct tone of voice, 

B all <>t shaii be clear and audible. The voter's ballot shall be handed 

handed by voter to 

> ud s e - to the judge in charge of the ballot box, who shall 

announce the name of such voter, and the number 
upon the duplicate stub of his ballot; which number 
must correspond with the stub number previously 
checked in front of his name by the election judge or 
clerk who handed him his ballot; if the stub number 
of the ballot corresponds and is identified by the ini- 
tials of the judge or clerk placed thereon, the judge or 
clerk shall then remove the duplicate stub from such 
be 0t wri?tero e n S pon ballot. The judge or clerk shall immediately write 
nu t mbe d red llot the name of such voter upon the poll list, and shall 
take the ballot of such voter and number it in ink, 
in one corner, upon the top thereof, in such manner as 



ELECTION LAW. 2>7 

not to expose or show how the voter has voted, the 
same to be numbered in the order in which it shall 
be received, consecutively, and so as to permit the cor- 
ner to be turned and pasted down with mucilage, 

r ° 7 Number be 

which shall then be done so that the number is not conc eaied. 

thereafter visible, and such seal shall only be broken 

in case of contested election; and the same number 

shall be recorded by the election judge or clerk on 

the list of voters beside the name of such voter. Such 

ballot shall then be returned by said judge or clerk to 

the voter, who shall thereupon, in full view of the 

judges of election, deposit the same in the ballot box, Vo ter deposits 

with the official endorsement on the ballot upermost. 

Each voter shall mark and deposit his ballot without 

undue delay, and shall quit said enclosed space as 

soon as he has voted. No such voter shall be allowed 

to occupy a voting shelf or compartment already oc- only one voter 

cupied by another, nor to remain within said enclosed thS^fo? tln fc at a 

space more than ten minutes, nor to occupy a voting minutes only - 

shelf or compartment for more than five minutes, in 

case all such shelves or compartments are in use and 

other voters are waiting to occupy the same. Besides 

the election of officers, not more than four voters in ex- Number of voters 

allowed in polling 

cess of the number of voting shelves or compartments P lace 

provided, shall be allowed in said enclosed space at 

any one time, except as provided in section 28. Xo 

voter not a judge or clerk of election, whose name has 

been checked on the registry list of the ballot officers, ™ n t e S r ha11 not 

shall be allowed to re-enter said enclosed space dur- com P artmeilt 

ing said election. It shall be the duty of each and 

all of the judges of election to secure the observance 

of the provisions of this section and of other sections 

relative to the duties of judges and clerks of election. 



38 



ELECTION" LAW. 



No person shall 
take or remove 
any ballot from 
polling place 
before close of 
polls. 

Spoiled ballots 
may be exchanged 



Spoiled ballots 
cancelled and 
preserved. 



Election officers 
shall account to 
clerk for all 
ballots received. 



Penalty for elec- 
tion officer failing 
to account for 
official ballots. 



SPOILED BALLOTS, ET< \ 

Sec. 27. No person shall rake or remove any bal- 
lot from the polling place before the close of the polls. 
If any voter spoils a ballot, he may successively ob- 
tain others, one at a time, not exceeding three in all, 
upon returning each spoiled one. The ballots thus 
returned shall be immediately cancelled, and together 
with those not distributed to voters, shall be pre- 
served and with the poll list used by the election 
judges and clerks, which shall be certified by them 
to be such, shall be seemed in an envelope, sealed 
and sent to the several town, city and county clerks. 
The election officers shall also at the same time file 
with the county clerk, city clerk or town clerk, as the 
case may be, a statement in writing showing the num- 
ber of ballots voted (making a separate statement of 
the number of unofficial ballots, if any, voted, as pro- 
vided in section twenty- two), the number of ballots 
delivered to voters, the number of spoiled ballots and 
the number of ballots not delivered to voters and the 
number of ballots returned, identifying and specify- 
ing the same; and all unused ballots, spoiled ballots 
and stubs of ballots voted, shall be returned with 
such statement. Any election officer who shall fail 
to thus account fully and particularly for all official 
ballots placed in his charge and be deemed guilty 
of a misdemeanor. 



ASSISTANCE TO ILLITERATE AXD DISABLED 

VOTERS. 

Sec. 28. Any voter who declares under oath to 
the inspectors of election that he cannot read or 
write, or that, by reason of physical disability, he is 
unable to prepare his ballot without assistance, shall 



ELECTION LAW. 39 

ui)nii liis request, receive the assistance of any two of judges or clerks of 

* x * election may assist 

the election judges or clerks, who are of different po- illlterate vo " ter - 
litical parties, in the marking' thereof; and such offi- 
cers shall certify on the outside thereof that it was 
so marked with their assistance, and shall thereafter 
give no information regarding the same. The same 
two judges or clerks shall not together successively 
act as such assistants. The judges of election are ^ySmiSstS* 11 
hereby qualified to administer such oath, and a mem- oath 
orandum shall be made on the poll lists of every in- 
stance when an oath was administered to a voter as 
herein provided, stating what facts were sworn to, 
the name of affiant, and the name of the judges or 
clerks who aided the voter in the preparation of his 
ballot. No officer who assists a voter in the prepara- 
tion of his ballot, as herein provided, shall, in any 
manner request, persuade, or induce, or seek to per- 
suade or induce any such voter to vote for any partic- 
ular candidate or candidates. Nor shall any such 
officer reveal to another the name of any candidate 
for whom the voter has voted, or anything that took 
place while he was assisting- such voter in preparing 
such ballot for voting. No voter shall divulge to any g° \ ote \ 1 f ha11 

c ° ■ divulge the name 

one within the polling place the name of any candi- So^Jf' 6 
date for whom he intends to vote, nor shall he ask ^ends to vote. 
for or receive the assistance of any person within the 
polling- place, in the prepartion of his ballot, except 
as provided in this section. When any voter in addi- 
tion to the oath required hereinbefore b}~ this section 
shall also make oath that he cannot speak and under- 
stand when spoken, the English language, the elec- 
tion judges may select two persons, one from each po- 
litical party, who shall act as interpreters and who interpreters. 
si i jill take the oath taken by election judges as nearly 



40 ELECTION LAW. 

as may be, which interpreters may assist such per- 
sons who cannot speak or read the English language 
in making up their ballots. 

IMPERFECT OR DEFECTIVE BALLOTS. 

imperfect or Sec. 29. If a voter marks in ink more names 

not e counted. lot than there are persons to be elected to an office, or if, 
for any reason it is impossible to determine the choice 
of any voter for any office to be tilled, his ballot shall 
not to be counted for such office; Provided, however, A 
Defective cross or defective or incomplete cross mark on any ballot in 
ink, in a proper place shall be counted if there be no 
other mark or cross in ink on such ballot indicating 
an intention to vote for some person or persons or set 
of nominations other than those indicated by the first 
mentioned defective cross or mark, and where a cross 
is marked in ink against a device indicating a vote for 
the entire set of candidates, and also another cross in 
ink against one or more names in another list, such 

Ballot invalid as to 

any office doubly ballot shall onlv be held invalid as to anv office so 

marked. tJ 

doubly marked. Xo ballot without the official en- 
dorsement shall, except as provided in section twenty- 
two of this act, be allowed to be deposited in the bal- 
lot box, and none but ballots provided in accordance 
with the provisions of this act shall be counted. Bal- 
lots not counted shall be marked "Defective" on the 
^ e e c r t ; v e e d ballots back thereof, and shall be preserved until the next 
general election, when the same shall be destroyed by 
fire by the clerk having the custody thereof. 

CARDS OF INSTRUCTION. 

Sec. 30. The county clerk of each county, or the 
city or town clerk, as the case may be, charged with 
the duty of providing ballots, shall cause to be printed 



ELECTION LAW. 4 1 

and furnished as herein provided, in large type, oncardsofinstruc 

r ° " r 7 tion furnished to 

cards in English, and in such other languages as he judges of election 
or they may deem necessary, instructions for the 
guidance of voters in preparing their ballots. Twelve 
such cards so printed in all the languages determined 
upon shall be furnished to the judges of election in 
each election precinct, at the same time and in the 
same manner as the printed ballots. The election 
judges shall post not less than one of such cards in where posted 
each place or compartment provided for the prepara- 
tion of ballots, and not less than three of such cards 
elsewhere in and about the polling place upon the day 
of the election. Such cards shall be printed in large, 
clear type, and shall contain full instructions to the Contentsofcards 
voters as to what should be done: (1) to obtain ballots ofinstructiou 
for voting; (2) to prepare the ballots for deposit in the 
ballot box; (3) to obtain a new ballot in the place of 
one spoiled by accident or mistake; (4) to obtain as- 
sistance in marking ballots. 

COUNTIXG VOTES. 

Sec. 31. As soon as the polls at any election 
shall have finally closed, the judges shall immediately 
open the ballot box and proceed to count the votes „ „ , 

r r Ballots shall be 

polled, and the counting thereof shall be commenced -SJln^cE-ks 
and continued until finished before the judges and adjouru 
clerks shall adjourn. They shall first count the num- 
ber of ballots in the box. If the ballots shall be found 
to exceed the number of names entered on each of the 
poll lists, the judges of election shall then examine 
the official endorsements upon the outside of the bal- 
lots without opening the same, and if, in the unani- 
mous opinion of the judges, any one or more of the 
ballots in excess of the number on the poll lists be 



42 



ELECTION LAW. 



Excess ballots. 



Counting votes. 



deemed not to bear the proper official endorsement, it 
or they shall be put into a separate pile by them- 
selves, and a separate record and return of the votes 
in such ballots shall be made under the head of "Ex- 
cess Ballots." When the ballots and; the poll lists 
agree, or, as above provided, have been made to agree, 
the board shall proceed to count the votes; each bal- 
lot shall be read and counted separately, and every 
name included in a marked set or list of nominations, 
or separately marked as voted for on such ballot, 
where there is no conflict to obscure the intention of 
the voter, as aforesaid shall be read and marked upon 
the tally list, before any other ballot is proceeded 
with; and the entire number of ballots, excepting "ex- 
cess ballots," shall be read and counted and placed 
upon the tally lists in like manner, and when all of 
the ballots, excepting "excess ballots," if any, have 
been counted as herein provided, the board shall esti- 
mate and publish the votes. 



CLERKS KEEP TALLY LISTS. 

Sec. 32. As the judges of election shall open and 
read the tickets, each clerk shall, upon tally lists pre- 
pared for that purpose, carefully mark down the votes 
each of the candidates shall have received, in separate 
linos, with the name of such candidate at the end of 
the line, and the office it is designed by the voter such 
such candidate shall fill. 



Exposing ballot. 



OFFENSES AXD THEIR PUNISHMENT. 

Sec. 33. A voter who shall, except as herein 
otherwise provided, allow his billot to be seen by any 
person, with an apparent intention of lotting it be 
known how he is about to vote, or who shall make a 



ELECTION LAW. 43 

false statement as to his inability to mark his ballot, False statement as 

to inability to 

or any person who shall interfere, or attempt to inter- mark ballbt - 
fere, with any voter when inside said enclosed space, interfering with 
or Avhen marking* a ballot, or who shall endeavor to 
induce any voter to vote, or to show how he marked 
or has marked his ballot, shall be pnnished by a fine Fine. 
of not less than five nor more than one hundred dol- 
lars. Any election judge or clerk shall report any Electionjudgeor 
person so doing to the district attorney for the county o 1 !I?d S e 1 rs 1 to report 
in which the election is held, whose duty it shall be to district atlorney 
see that the offender is forthwith brought before the 
l^roper court. 

Sec. 34. Any person who shall, prior to an elec- 
tion, wilfully deface or destroy any list of candidates Defacing or 
posted in accordance with the provisions of this act, list of Ungates. 
or who, during an election, shall wilfully deface, tear, 
down, remove or destrov any card of instruction orP^of 

•■ ■ instruction. 

sample ballot, printed or posted for the instruction Sample ballot 
of voters, who shall during an election wilfully re- 
move or destroy any of the supplies or conveniences 
furnished to enable a voter to prepare his ballot, or 
shall wilfully hinder the voting of others, shall be Hindering voters. 
punished by fine of not less than five nor more than 
one hundred dollars, or by imprisonment in the Penaltv 
county jail not exceeding three months, or by both 
fine and imprisonment. 

Sec. 35. Any person who shall falselv mark or defacing or 

x • destroying certin- 

wilfully deface or destroy any certificate of nomina- c *te of nomination 

tion, or any part thereof, or any letter of acceptance, 

declination or resignation; or file any certificate of 

nomination, or letter of acceptance, declination or Letter of accept- 
ance or declination 

resignation, knowing the same, or any part thereof, 

to be falsely made, or suppress any certificate of nom-^jfg^^ r certi fi- 

ination, or any part thereof, which has been duly 



44 



ELECTION LAW. 



Falsely make offi- 
cial endorsement. 



Penalty. 



Violation or 
neglect of duty by 
public officer. 



Penalty 



Destroying or con- 
cealing official 
ballots. 



Felony. 



Failure of person 
or officer to deliver 
official ballots. 



Penalty. 



Election officer or 
watcher revealing 
candidate for 
whom any voter 
has voted. 



tiled ; or forge any letter of acceptance, declination or 
resignation; or falsely make the official endorsement 
on any ballot, or wilfully destroy or deface any ballot 
or wilfully delay the delivery of any ballots, shall be 
punished by fine not exceeding one thousand dollars, 
or by imprisonment in the county jail for not more 
than one year, or by both such fine and imprisonment. 

Sec. 36. Every public officer upon whom any 
duty is imposed by this act, who violates his said duty, 
or who neglects or omits to perform the same, shall be 
punished, except as otherwise in this act specially 
provided, by imprisonment in the county jail for a 
term not exceeding one year, or by a fine of not less 
than one hundred dollars, and not more than three 
thousand dollars, or by both such fine and imprison- 
ment. Any person or officer having charge of official 
ballots who shall destroy or conceal or suppress them, 
except as in this act permitted, shall be guilty of a 
felony, and upon conviction thereof, shall be punished 
by imprisonment in the penitentiary for not less than 
one year nor more than five years. Any person or 
officer who has undertaken to deliver official ballot s to 
any city, town or county officer of election, wiio neg- 
lects or refuses to do so, shall be guilty of a mi- • 
meanor, and upon conviction thereof, shall be pun- 
ished by imprisonment in the county jail for not less 
than six months nor more than one year, or by fine of 
not less than two hundred and fifty dollars, and not 
more than one thousand dollars, or by both said fine 
and imprisonment. Any election officer or watcher 
who shall reveal to any other person the name of any 
candidate for whom a voter has voted, or who shall 
communicate to another his opinion, belief or impres- 
sion as to how or for whom a voter lias voted, shall be 



ELECTION LAW. 45 

guilty of a misdemeanor, and upon conviction thereof, 
shall be punished by imprisonment in the county jail Penalt y 
for not less than six months nor more than one year, 
or by fine of not less than two hundred and fifty dol- 
lars nor more than one thousand dollars, or by both 
fine and imprisonment. Any official or person, except 
those authorized by law, who shall break or loosen a ^ r e s a e ^°|^ al on 
seal or ballot with the intent to disclose or learn the ballot - 
number of such ballot, shall be guilty of a misde- 
meanor. 

Sec. 37. Xo person shall do any electioneering Electioneering. 
on election day within any polling place or in any 
public street or room, or in a public manner w T ithin 
one hundred feet of any polling place. Xo person 
shall remove any official ballot from the polling place Removing official 

r ° x ballot from poll- 

before the closing of the polls. Xo person shall show in s p^ce. 
his ballot after it is prepared for voting to any person foiidtinVSJfS to 
in such a way as to reveal its contents, nor shall any show ballot " 
person solicit the voter to show the same. Xo person, 
except a judge or a clerk of election, shall receive 
from any voter a ballot prepared for voting. Xo 
voter shall receive an official ballot from any other 
person than one of the judges or clerks of election 
having charge of the ballots, nor shall any person 
other than such election officer deliver an official bal- 
lot to such voter. Xo voter shall place any mark no voter shaii 

mark his ballot. 

upon his ballot by means of which it can be identified 

as the one voted by him, and no other mark shall be 

placed upon any ballot prepared for voting, other 

than the number of such voter on the poll list, to be 

placed thereon by the judge or clerk of election. 

Everv voter who does not vote or deliver in the man- 
voter not voting 

ner hereinbefore provided the ballots received by him shan return baiiot 
from the election officers, shall, before leaving the 
polling place or going outside the guard rail, return 



Misdemeanor. 



46 ELECTION LAW. 

each such ballot to the officer from whom he received 
the same. Whoever shall violate any provision of 
this section shall be deemed guilty of a misdemeanor. 
But nothing herein contained shall prevent any per- 
son from receiving, delivering and voting an unoffi- 
cial ballot in the contingency provided for in section 
twenty-two of this act. 

Sec. 38. Any person entitled to vote at a, gen- 
eral election held within this State, shall, on the day 
Employe entitled of such election, be entitled to absent himself away 

to two hours on „ . . . . . 

election day for from any service or employment in which he is then 

voting. 

engaged or employed for a period of two hours be- 
tween the time of opening and the time of closing the 
fnsu h ffidln° c reason P°Us, and any such absence shall not be sufficient rea- 
for his discharge. aon f QJ , tne discharge of any such person from such 

service or employment, and such voter shall not, be- 
cause of so absenting himself, be liable to any pen- 
No deduction shaii a it y nor shall any deduction be made on account of 

be made from ■ 7 ,J 

ofs\^h°ab a s C e C n°c U e nt 8Ucn absence from his usual salary or wages, (except 
when such employe is employed and paid by the 
hour.) Provided, however, That application shall be 
made for such leave of absence prior to the day of 
election. The employer may specify the hours during 
which such employe may absent himself as aforesaid. 
Any person or corporation who shall refuse to his or 
its employe the privilege hereby conferred, or who 
shall subject an employe to a penalty or reduction of 
wages because of the exercise of such privilege, or 
who shall, directly or indirectly, violate the provisions 

Misdemeanor. ,; ^ 7 r 

of this act, shall be deemed guilty of a misdemeanor. 

Sec. 39. It shall be unlawful for any person or 
any election judge or clerk to induce into any polling 
place, or to use therein or to offer to another for use 
therein, ai any time while any election is in progress 
or the result thereof being ascertained by the count- 



ELECTION LAW. 47 

ing of the ballots, any intoxicating, malt, spirituous ggjjjjg ^jjSgJ 

or vinous liquors. It shall be unlawful for any officer gjj&jj po11 " 
or board of officers of any county or any city or town, 
whether incorporated under general law or by special 
charter, who may at any time be by law charged with 
the duty of designating polling places for the hold- 
ing of any general or special election therein, to select 
therefor, a saloon or a room within the distance of 
fifty (50) feet (measured in a direct line) of any saloon SiJonor 1 room lect 

., , ..... ,, within fifty feet of 

or other place where any intoxicating, malt, vinous or asaioonasa 

i polling place. 

spirituous liquors are usually sold, to be drank where 
sold. 

Sec. 40. Sunday shall be included in all com- ?n coS^itatSfiw 
putations of time made under the provisions of this° 
act. 

HOURS OF TOTING. 

Sec. 41. At all elections held under this act, the 
polls shall be opened at seven o'clock in the morning, f 1 \? v tT 7 p°m. 
and continue open until seven o'clock in the evening 
of the same day; Provided, however, That if a full 
board of judges of election shall not attend at the 
hour of seven o'clock in the morning, and it shall be 
necessary for the electors present to appoint judges 
to conduct the election as provided by law, the elec- 
tion may in that event commence at any hour before 
the time for closing the polls shall arrive, as the case 
may require. Upon the opening of the polls, procla- cie°ku n ponope b n y 
mation shall be made by one of the clerks, and thirty P n !i s atld closing of 
minutes before the closing of the polls, proclamation 
shall be made, in like manner, that the polls will close 
in thirty minutes. 

Sec. 42. All acts, omissions and neglects of any 
person, official or corporation, made an offense by the 



48 ELECTION LAW. 

provisions of this act, and the punishment for which 
is not herein expressly designated, shall be punished 

renaity. DV a fi ne of not less than one hundred nor more than 

one thousand dollars, or by imprisonment in the 

county jail for not more than one year, or by both line 

senders under an( ^ i m P r i sonmen t- Any person so offending against 

witnesselTafnst 11 an ^ P rov i s i° n of this act is a competent witness 

any other person, against any other person so offending, and may be 
compelled to attend and testify upon any trial, hear- 
ing, proceeding or investigation in the same manner 

Testimony shaii as anv other person. But the testimonv so given 

not be used against 

the person giving shall not be used in any prosecution or proceeding, 
perjury. c ' lY \i or criminal, against the person so testifying, ex- 

cept for perjury in giving such testimony. A person 
person testifying so testifying shall not thereafter be liable to indict- 
prosecution° r nient prosecution or punishment for the offense with 
reference to which his testimony was given, and may 
plead or prove the, giving of testimony accordingly, 
in bar of such indictment or prosecution. 

m .. . . Sec. 43. Election dav in November of each vear 

Election dav made •' * 

a legal holiday. ig hereby made a legal holiday. 

ACTS REPEALED. 

Sec. 44. Sections twenty-three (23), thirty-one 
Repeal. (31), thirty-two (32), thirty-three (33), thirty-live (35), 

thirty-six (36), forty-nine (49), fifty (50), one hundred 
and thirty- two (132), one hundred and thirty-three 
(133), and one hundred and thirty-four (134), of chap- 
ter thirty-four (34), entitled "Elections" of the Gen- 
eral Statutes of Colorado, of 1883, being general 
sections eleven hundred and seventy-two (1172), 
eleven hundred and eighty (1180), eleven hundred 
and eighty-one (1181), eleven hundred and eighty- 
two (1182), eleven hundred and eighty-four (1184), 



ELECTION LAW. 49 

eleven hundred and eighty-five (1185), eleven hundred 
and ninety-eight (119S), eleven hundred and ninety- 
nine (1199), twelve hundred and eighty-one (1281), 
twelve hundred and eighty-two (1282), and twelve 
hundred and eighty-three (1283), and all acts and 
parts of acts inconsistent with the provisions of this 
act are hereby repealed; Provided, That such repeal saving clause. 
shall not affect any right, remedy, suit or proceeding 
now pending or hereafter begun, for any act or omis- 
sion arising under the law so repealed. 

Approved March 26, 1891. 

Amended February 27, 1891. 



5o 



ELECTION LAW. 



REGISTRATION. 



AN ACT 



TO PROVIDE FOR ESTABLISHING AND MAINTAINING, AT PUBLIC EX- 
PENSE, PERMANENT REGISTRATION LISTS OF ALL QUALIFIED 
ELECTORS IN ELECTION PRECINCTS INCLUDED WHOLLY OR PAR- 
TIALLY WITHIN THE LIMITS OF CITIES OF THE FIRST AND SEC- 
OND CLASSES, AND ALL OTHER CITIES WITH A GREATER POPULA- 
TION THAN FIFTEEN THOUSAND INHABITANTS. AND TO PROVIDE 
FOR PUNISHING ALL VIOLATIONS THEREOF. AND TO REPEAL ALL 
OTHER ACTS AND PARTS OF ACTS INCONSISTENT THEREWITH. 



No person may 
vote unless 
registered. 



County commis- 
sioners shall em- 
ploy canvassers 
who shall be 
qualified electors. 



Be it enacted by the General Assembly of the State of Colorado: 

. Section 1. No person shall hereafter be permit- 
ted to vote at any general or special election, whether 
national, state, district, county or city (excepting 
election of school trustees), held in any election pre- 
cinct included wholly or partially within the limits 
of any city of the first or second class, or any other 
ci ; ty, whether incorporated under general law or 
special charter, with a greater population than fif- 
teen thousand (15,000) inhabitants, without first hav- 
ing been registered within the time, and in the man- 
ner and form, required by the provisions of this act. 

Sec. 2. It shall be the duty of the board of 
county commissioners in each county in which any 
such election precincts are included, within 5 days 
after the first day in March, 189-1, to employ canvass- 



one 
canvasser to each 



ELECTION LAW. 5 I 

ers, each, of wlioni shall be a qualified elector in such 
precinct, not more than one to each precinct, and o^y g 
make and complete within twenty days thereafter, at precinct 
the expense of the county, a full and accurate regis- 
tration of all female persons who at that time are 
qualified electors in all such election precincts. Reg- 
istration shall be taken by such canvassers in the 
same manner as at the office of the county clerk, ex- ?h| n r ?|i St ra«on ins 
cept that they shall be taken upon separate sheets 
of paper, one sheet for each registration, instead of 
upon the permanent registration books. It shall be 
the dutv of the several canvassers to return to the Registration lists 

must be returned 

county clerk each morning the registrations taken jjjjjj^ Penalty for 
by him on the previous day, and any canvasser who 
shall wilfully fail to return to the county clerk the 
sheets of paper showing such registration shall be 
deemed guilty of a misdemeanor for each registra- 
tion sheet not so returned, and upon conviction shall 
be punished by a fine of not less than fifty nor more 
than five hundred dollars, or by imprisonment in .the 
county jail not less than one nor more than six 
months, or by both such fine and imprisonment. It 
shall be the dutv of the county clerk to enter daily all county cierkshaii 

" enter registration 

such registrations in the permanent registration in ^f permanent 

° *r » registration book 

books in his office for the respective precincts, and everyday 
preserve in his office for the period of two years there- 
after such original registration sheets. The county 
clerk shall under the column of "Remarks," identify 
each such registration with the original registration 
sheet therefor. 

Sec. 3. To entitle each qualified elector to be Elector shaii 

x answer questions. 

lawfully registered he shall be required to answer 
concerning each of the following matters: (1) Name 
in full; (2) Whether married or single; (3) Place of 



52 ELECTION LAW. 

residence, which if urban or suburban, shall be lo- 
cated according to its street number, or if there be 
no street number, then by the number and descrip- 
tion of the lot or lots in the block or blocks in the 
addition, division or subdivision into which the land 
upon which the residence is located is divided, in all 
other cases the residence shall be located by the sec- 
tion or sections or subdivisions thereof, in the town- 
ship and range as established and numbered by the 
United States government suivey; (4) Whether own- 
er of, tenant of or lodger with occupant of residence; 
(5) Whether a native born citizen of the United 
States, or, if a female, by marriage to a citizen of the 
United States, or by naturalization of self or parents; 
if the latter, state as near as may be to the best 
knowledge, information or belief of the applicant for 
registration, when self or parents were naturalized, 
the place of naturalization and by what court the 
naturalization papers were granted. Like answers 
shall also be made where only a declaration of inten- 
Description of tion to become a citizen has been made; (6) a descrip- 
tion of his person, consisting of his height, age, sex r 
complexion, color of eyes and any other physical fea- 
tures by which he can be readily identified; (7) his 
profession, business or employment; (8) his postoffice 
address; Provided, however, It shall only be neces- 

sarv for a female voter to state that she is twenty- 
women raav state 

they are twenty- ()lie vears of acre in answer to all questions relating 

one years of age. * a x 

to her age. 

Sec. 4. In the making of said registration by 

the board of county commissioners the writing of 

compSfedTo his own name by each elector shall not be required, 

write their names ^ thereafter g^gj] be in gQJ otlier caSeS where the 

elector can write; if he be unable to write, he may 



ELECTION LAW. 53 

make his mark and write his name with the assist- May make his 

mark. 

a nee of the county clerk in the presence of his vouch- 
ers. 

Sec. 5. The board shall from time to time, as 
required, provide for each one of all such election 
precincts of the county, a book or books of conven- sh3ip?SSde rs 
ient size and shape, arranged for the registration f registration books - 
names in alphabetical divisions, each alphabetical 
division to be composed of ruled columns with appro- 
priate headings, under which the proper answers to 
the statements, made by each elector, in being regis- 
tered in compliance with this act, shall be recorded. 
The names of electors as registered, shall be num- 
bered under each alphabetical division, consecutive- 
ly, from one (1) upwards, and the date of registration 
shall also be recorded. There shall also be ruled col- Arrangement of 

registration books. 

umns under each one of said alphabetical divisions 
for the full names, and registry numbers of those 
registered electors who become vouchers for the pur- 
pose of securing the registering of electors, personally 
seeking to be thereafter registered; also a column 
with the heading "Registration Changed From," and 
sub-headings, "Election Precinct No. — ," and "Regis- 
try Xo. ," whereunder in all cases of change of 

registration made necessary by change of residence 
of elector or change of boundaries, or establishment 
of new election precincts, shall be stated, the election 
precinct, and registry number of the elector's last 
registration. There shall also be a ruled column 
headed, "Remarks," under which shall be briefly not- 
ed any important information affecting the registry 
of the elector, whose name they follow, including any 
explanation of any erasure or other suspicious ap- 
pearance in such registration, as well as the change 



54 ELECTION LAW. 

in the registration of the names of electors from one 
election precinct to another by reason of a change of 
residence, or a change of election precinct bound- 
aries, or an establishment of a new election precinct 
or precincts. 

Sec. (>. The headings of each alphabetical divis- 
ion aforesaid, for each such election precinct, shall 
be substantially as follows, viz.: 



ELECTION LAW. 



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56 



ELECTION LAW 



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ELECTION LAW. 57 

Sec. 7. Immediately after the completion of the gJ^JJ restoration 
registration by the board of comity commissioners in l^tisem^un" 
all such election precincts, it shall be the duty of the newspapers - 
board of county commissioners to give public notice 
thereof by advertisement, for four consecutive inser- 
tions, through two newspapers, if there be so many 
published at the county seat, or of general circulation 
in the county, representing as far as practicable the 
political parties which at the preceding general elec- 
tion cast the largest and next largest number of 
votes. Such notice shall also state, that for a period 
of sixty days next after the date of the first publica- 
tion thereof, the record of such registration is at the 
office of the county clerk open for inspection at any Jpfj s foHn°spi5ion 
time during office hours, and that upon application in 
person and without vouchers, any error or errors in 
the registration of anv such elector will be corrected, Errors win be ^cor- 

^ 7 rected. How done. 

and also that any such elector who has not been reg- 
istered may, on like application, in person and with- 
out vouchers, be registered in his proper election pre- 
cinct. It shall be and is hereby made the duty of the 
county clerk of each county within the said period of 
sixty days, on the application in person of any such 
elector to correct any and all errors in his registra- 
tion, or on like application of any elector, if he has 
not already been registered, to register him in his 

, ,. . .,-, , . . -, Registration with- 

proper election precinct without requiring vouchers, out vouchers for 
All such corrections and registrations, and the time 
when made, shall be noticed by the clerk in the regis- 
tration book on the same line opposite the name of 
such elector, and under the column headed "Ke- 
marks." 

Sec. 8. After the expiration of said period of 
sixty days mentioned in the preceding section, no 



5^ ELECTION LAW. 

After sixty days no qualified elector shall be registered, nor sliall his 

changes or regis- " 

madewifhout n '-- ' st ra ' ion be corrected or changed, except he make 
application] to the county clerk as in this act pro- 
vided. Such applicant must be vouched for by the 
oath or affirmation of two qualified electors already 
registered in the county clerk's office for such county, 
as possessing all the qualifications entitling such ap- 
plicant either to be lawfully registered or to the de- 
sired correction or change therein, as the case may 
no elector may be. No registered qualified elector shall be accepted 
than twelve voters as voucher for more than twelve such applicants (lur- 
ing any one calendar year, nor shall any registered 
qualified elector, who is for any reason unable to 
write his signature, be received or accepted as a 
voucher. The said county clerk, in the presence of 
both the applicant and of his said vouchers, shall 
take the answers of such applicant concerning all 
the matters required by section three (3) of this act 
and then and there record the same (excepting the 
names of applicant and vouchers) in the registration 
book of the election precinct in which such elector 
then resides. Such record shall then and there be 
signed by the said applicant under the heading 
"Name in full," and by his said vouchers under tin- 
heading 1 "Names of vouchers." If said applicant be 
for any reason unable to write his name, then the 
same may be written for him by the county clerk 
his 

with X 

mark. 

In all cases of correction of errors in or change 
in registration, such correction or change and the 
date when made shall be noted on the line after the 
name affected under the heading "Remarks." The 
form of the oath or affirmation to be administered to 



ELECTION LAW. 59 

the said applicant and his vouchers shall be as f ol- p ath administered 

r * to applicant and 

lows: "We, (giving name of applicant), vouchers 

and we, (giving names of 

vouchers), each being severally duly sworn (or having 
affirmed, as the case may be), depose and say that 

the said (giving name of applicant) 

possesses all the qualifications of a lawful elector, 
and is entitled to be registered as a duly qualified 

elector or to correct his resignation as to the 

(here state the matter corrected) or to 

have his resignation changed, to or of (as the case 

may be) precinct in 

county, State of Colorado. That the record of such 
registration which we have signed was made by the 
clerk of said county or his authorized deputy in our 
presence and in the presence of said applicant for 
registration, and is true and correct, and was in all 
particulars made in full conformity Avith this regis- 
tration law." Such oaths or affirmations need not oaths need not be 
be written out or preserved, but the said vouchers w 
shall, by their signatures in] the place provider! by 
this act on said registry book, be conclusively deemed 
in law to have duly verified the registry, correction 
or change therein, of any elector whose name they fol- 
low as vouchers, in substance, manner and form as 
aforesaid, and shall accordingly be liable for any and 
all penalties and punishments provided by law for 
false or illegal vouching under this act. Said regis- 
try book, or a certified copy of the registry or correc- 
tion therein of any name or names, shall be admis- 
sible in evidence as proof of the taking of the said * r e J-j^ r n y 
oath or affirmation in all cases of criminal proceed- 
ings for the punishment of false or illegal vouching 
or registration under this act. Upon request of any 



book 
criminal 



Certificate of 



60 .ELECTION LAW. 

registered voter it shall be the duty of the county 
clerk to make out and "deliver to such voter a certifi- 
re e gist d r C a a tion°made cate of the registration of such voter, setting forth 
the fact of such registration, including the date of 
registration, description and other information re- 
corded in connection with the registration of such 
»unty2ie?k. voter; which certificate shall be attested by the hands 
of county clerk and the seal of the county; and the 
county clerk shall be allowed a fee of ten cents for 
each such certificate, to be paid by the applicant. 
Such certificate together with proper proof of identity 
of the person therein named, may be used when such 
person becomes a voucher for another applicant for 
priSafecle ls registra tion, and also as prima facie evidence of the 
facts therein stated. When any registered voter re- 
in case of removal moves f rom the county where he is registered under 
the provisions of this act, upon his request he shall 
be entitled to have his name cancelled upon such reg- 
tration list and shall thereupon be entitled to a cer- 
tificate, similar in form and substance to the certifi- 
cate hereinbefore mentioned, and also showing the 
fact of such cancellation, which certificate shall be 
prima facie evidence of the facts therein set forth, for 
which certificate a like fee of ten cents shall be paid 
to the county clerk by the applicant. 

shai e i u be e mad? s Sec. 9. Whenever the board of county commis- 

sioners of any county shall change the boundaries 
of, or create a new election precinct or precincts, 
wholly or partially Avithin the limits of any city of 
the first or second class, or any city having a popula- 
tion greater than fifteen thousand (15,000) inhabi- 
tants, it shall be and is hereby made their duty to 
forthwith cause to be prepared at the expense of the 
county, complete or new registration lists, in con- 



ELECTION LAW. 6l 

formity with such change, of all registered electors 
in each and all of said changed and new election pre- 
cincts. Such new registration lists shall be made by How made 
red-lining off from the former precinct registry, and 
by copying off into the proper election precinct regis- 
try the names of those already registered in the form- 
er precinct registry, who are thereby shown to be 
residing in another election precinct than the one 
wherein they were lawfully registered before said 
change or changes were made. Such change or 
transfer so made necessary by change in, or crea- 
tion of, any election precinct, shall be noted by the 
county clerk, in the registry of the names so trans- 
ferred under the head "Remarks/' giving the date 
of the action of the; board of county commissioners 
ordering such change in the registration. When- 
ever anv registered qualified elector shall change his : ? c f se registered 

» J- ° elector changes 

residence from one election precinct to> another, hej^g^^ n 
shall be entitled to have his registration changed in wlth^^ucher. 
accordance with his change of residence, upon mak- 
ing application in person to the county clerk at any 
time; but he shall not be required to present any 
voucher as to this change of residence, unless the 
same be to a different election precinct, and such ap- 
plication to change registration be made within fif- 
teen (15) days of the next election in the precinct of be p madVbefo 1 ?e Ub 

. . ., within fifteen days 

his new residence, m which case there shall be two of election. 
vouchers to such change of residence, who shall make 
oath or affirmation thereto as in other cases. An ap- 
plication for change of registration made before with- 
in fifteen (15) days of the ensuing election may be 
granted, and change made without vouchers. The 
record of such registration in case of change of resi- 
dence by a registered elector shall be made the same 



62 ELECTION LAW. 

as his registration record in the election precinct 
from which lie moved, excepting' that the names of 
the vouchers, if any, which were first given to secure 
the registration of such elector may be omitted, and 
in their stead shall be written the signatures of his 
last vouchers, with the words "as to residence" im- 
mediately upon their signatures, which shall indi- 
cate that they only vouch as to the residence of such 
elector. The county clerk shall notice each such 
change of residence under the appropriate column, as 
required in such cases by the provisions of section 
five of this act. At the time prescribed by law the 
officers charged by law with the division of altera- 
tion of the election precincts in precincts included 
wholly or partially within the limits of any city of 
the first or second class, whether incorporated under 
the general law or special charter, and all other cities 
with a greater population than fifteen thousand 
(15,000) inhabitants shall alter or divide the existing 
election precincts whenever necessary in such man- 

Eiection precincts tier that each election precinct shall contain not more 

morethan°fi n ve in than five hundred (500) voters. 

hundred voters. 

Sec. 10. Any qualified elector who has not been 
before fifteen days registered at least fifteen (15) days before the holding 

of election, elector ° ' ° 

shaii not vote. f the next general or special election in his precinct, 
or had his registration changed or corrected at least 
ten (10) days before the holding of the same, shall 
not be entitled to vote at such election, and the coun- 
ty clerk in preparing the registry book for the respec- 
tive election precincts shall omit therefrom all such 
names so registered. 



Change of post- 



Sec. 11. A change in the postoffice address of 

office & addre 1 ss . anv elector as registered may be made at any time 

without vouchers provided the same shall be noted 



ELECTION LAW. 63 

under the head of "Remarks," in the line following 
such person's registration. 

Sec. 12. The county clerk of each county shall county cierk 

allowed fees for 

be authorized to receive from the county the sum ot registration. 
ten cents for the making of each original registra- 
tion and ten cents for each change made therein on 
the application of any qualified voter in pursuance 
of the provisions of this act. A fee of ten cents for 
each name transferred from one precinct registry to 
another may also be collected from the county by the 
county clerk, for preparing and completing new regis- 
tration lists, to conform to the changes of boundary 
or establishment of new election precincts. 

Sec. 13. It shall be the duty of the county clerk 
in any county wherein any such city is situate, at 
least three (3) days before the day of any election 
therein, whether national, State, district, county or 
city, or whether general or special (excepting elec- 
tion of school trustees) to make full and complete 
certified copies of the registration lists of the quali- county cierk shaii 
fied voters in their respective election precincts 1 or ^ s tra°?on ii°ts. 
use in the holding and conducting such election upon 
the day thereof, and deciding who shall be entitled to 
vote thereat, and to deliver such lists to the election 
judges for the proper precinct one day prior to such 
election. To each of such copies so delivered to the 
said election judges, it shall be the duty of the county 
clerk to attach his certificate under the seal of his Lists c shaii be 

certified. 

office, setting forth that the said copy contains a full, 
complete and accurate list of the qualified voters in 
each such election precinct as the same appear upon 
the original registration books on file in his office. 
Each such county clerk shall forfeit the sum of ten Forfeit for an 

errors made. 

dollars for each and every name incorrectlv omitted 



6 4 



election law- 



how delivered. 



from or added to any such copy, in case of an omission 
the said sum to be recovered by the party whose name 
is so incorrectly omitted in an action brought by him 
against said county clerk, in any court of competent 
jurisdiction in the county, and for each and every 
name so incorrectly added to such copy, the said sum 
to be deducted by the county commissioners of such 
county from any amount due by the county to said 
county clerk. It shall be the duty of the board of 
election judges for each precinct included within any 
judges must caii such citv for anv such election to call in person at the 

for lists in person. v " x 

office of the county clerk and recorder one day prior 
to such election for the purpose of receiving such 
copy of the registration list. Said registration list 
shall be furnished to said judges in a sealed envelope, 
which said envelope shall not be opened until the 
morning of election day at the polls in the presence of 
the judges. Which copy shall be delivered to two 
judges, one belonging to the political party which cast 
the highest number of votes in the last similar election 
in said county or city, and the other belonging to the 
party which cast the next highest number of votes at 
such election, and both such judges shall receipt to 
the county clerk for such copy of the registration 
lists, and they shall receive mileage for such service 
at the rate of ten cents per mile for each mile actually 
traveled. The county clerk shall be allowed a fee of 
ten dollars ($10) for each precinct for which he shall 
furnish such copy of registration lists, to be paid by 
the county; when such lists are furnished to the elec- 
tion judges of any city election for city officers or 
other city purposes only, such city shall pay to the 
county the sum of ten dollars ($10) for each precinct 
the registration list of which is so furnished. Any 



County clerk 
allowed fee for 
each precinct. 



ELECTION LAW. 65 

voter whose vote is rejected because of any error Elector allowed to 

J ' vote upon 

made in transcribing 1 the official registry shall be en- certificate. 
titled to vote upon producing to the judges of election 
a certified copy of his registration showing Ms right 
to vote. 

Sec. 14. Within thirty days next after each elec- 
tion in precincts included within the limits of any 
such city, the county clerk and recorder of the comity 
shall proceed to check the poll list of persons who SSSSS? shaU 
voted in each such election precinct with the regis- 
tration list for such precinct, and shall in some 
proper manner mark and designate the names of the 
persons not shown by said poll list to have voted at 
such preceding election in such precinct. The county 
clerk shall thereupon make out a list of all such SSSiSt tftfi? 
names of persons, together with their residence so wh0 dld not vote ' 
appearing not to have voted at such preceding elec- 
tion, which list shall be made out in alphabetical 
order of the last names of such electors and in con- 
secutive numbers, according to election precincts and 
districts, and shall have appended thereto an affidavit 
by such county clerk that such list has been com- 
pared with the official registration lists in the county 
clerk's office, and is a full, true and correct list of the 
names of such persons not voting' at such election. 
Said list shall be entitled "A list of registered electors 

appearing not to have voted at the election held 

(date) in the of Said list 

shall be certified to and filed with the board of comity 
commissioners. It shall be the duty of the county 
clerk to immediately send notice by mail to each elec- 
tor whose name may appear upon said list. Said no- 
tice shall be in substance as follows: You are hereby shSfb? notified 
notified that a comparison of the registered electors in 3 



66 



ELECTION LAW. 



Elector shall 
appear and show 
cause for remain- 
ing on list or 
names shall be 
stricken off. 



Commissioners 
shall sit for three 
days. 



Commissioners 
shall certify lists 
retained. 



Names stricken 
from lists. 



the several precincts with the poll lists for such elec- 
tion precincts show that you did not vote at the elec- 
tion held the day of 18. . Any qualified 

elector may have his name retained on the registra- 
tion lists by appearing before the board of county 
commissioners on either one of the following days, 

to wit : and showing to the satisfaction of 

said board either that he did not vote at such election, 
or that he was entitled to vote thereat, because still a 
qualified elector in such precinct. Failing to appear, 
his name shall be struck from the registration list." 
The board of county commissioners shall fix three sep- 
arate and not consecutive days within thirty days 
after the date of such notice, on which it will sit for 
the purpose mentioned in said notice, and at each of 
said sittings said board shall continue the session 
from day to day so long as there are persons appear- 
ing before it for hearing in accordance with such 
notice. At the close of such hearing the board of 
commissioners shall certify to the county clerk a list 
of names of persons who have shown cause for the re- 
tention of their names on such registration list. It 
shall be the duty of the county clerk, upon the receipt 
of said certified list from the board of county commis- 
sioners to forthwith strike such names from the regis- 
tration lists in the proper precincts, of persons who 
have not so shown cause for retention, by ruling a red 
ink line through such name with the notation in the 
column for "Remarks," that such names were stricken 
out in pursuance of the county commissioners' certi- 
ficate of a given date. 



Original registra- 
tion in districts. 



Sec. 15. Original Registration in Districts— 
The board of county commissioners of any county 
wherein any such citv is situate are hereby directed 



ELECTION LAW. 6j 

to group into registration districts a number of elec- 
tion precincts, not less than eight nor more than 
twenty, in each registration district. It shall be the 
duty of the county clerk to appoint a deputy or depu- appoints deputies. 
ties, not to exceed two, for each such registration dis- • 
trict, which deputy or deputies shall attend and be 
present in such district, for the purpose of receiving 
original registrations before each such election, on 
the third Tuesday before such election, and from day 
to day thereafter, for not less than three nor more 
than five clays in all, and between the hours of noon 
and nine o'clock p. m. of each such day; the county 
commissioners shall provide a suitable room in each ^5i^roride rs 
district and all necessary stationery and appurten- roomandsu PP lies 
ances for the use of such deputy county clerks. The 
county clerk shall give notice for three days by publi- 
cation in at least two newspapers, belonging to differ- 
ent political parties, of the name of each deputy, and 
the time and particular place in each district where 
such registration will be carried on. Such deputy 
shall be provided with separate sheets of paper suit- 
ably ruled to record all the information elsewhere re- 
quired in this act for original registrations in the 
county clerk's office. Registrations shall be taken SSe^stration. 
before such deputies in the same manner as at the 
office of the county clerk, except that they shall be re- 
corded upon separate sheets of paper, one sheet for 
each registration, instead of upon the permanent reg- 
istration books. It shall be the duty of the several 
deputy county clerks to return to the county clerk Lists returned 

, • , t ... , . each morning. 

each morning the registrations taken by him on the 
previous clay, and any deputy who shall wilfully fail 
to return to the county clerk at or before the closing 
of registration in such district the sheets of paper 



68 



ELECTION LAW. 



Penalty. 



Masculine pronoun 
applies to both 
sexes. 



Penalties for 
violation of act. 



Act of 1891 
repealed. 



showing registrations shall be guilty of a misde- 
meanor for each registration sheet not so returned, 
and upon conviction shall be punished by a fine of 
not less than fifty nor more than five hundred dollars, 
or by imprisonment in the county jail not less than 
one nor more than six months, or by both such fine 
and imprisonment. It shall be the duty of the county 
clerk to enter daily all such registrations in the per- 
manent registration books in his office for the respec- 
tive precincts, and preserve in his office for the period 
of two years thereafter such original registration 
sheets. The county clerk shall, under the column of 
"Remarks," identify each such registration with the 
original registration sheets therefor. 

Sec. 16. Whenever in this act the masculine 
pronoun! is used, it shall be construed to apply to 
women as Avell as men. 

Sec. IT. Except as otherwise provided in this 
act any person who shall make false answer, either 
for himself or another, or who shall violate or attempf 
to violate any of the provisions of this act, or know- 
ingly permit another to violate the same, or any pub- 
lic officer or officers upon whom any duty is imposed 
by this act or any of its provisions, who shall wilfully 
neglect such duty, or who shall wilfully perform it in 
such a way as to hinder the objects and purposes of 
this act, shall be deemed guilty of a felony, and on 
conviction thereof shall be punished by imprisonment 
in the penitentiary not less than one year nor more 
than five years, and if he be a public officer, shall for- 
feit his office. 

Sec. 18. "An act to provide for establishing and 
maintaining at public expense permanent registra- 
tion lists of all qualified electors in election precincts 



ELECTION LAW. 69 

included wholly or partially within the limits of cities 
of the first and second classes, and in all other cities 
with a greater population than fifteen thousand in- 
habitants, and to provide for punishing* violations 
thereof," approved April 13, 1891, and all acts amend- 
atory thereof, and all acts and parts of acts incon- 
sistent with the provisions of this act, are hereby re- 
pealed; Provided, Nothing herein shall be construed 
as a repeal of any act concerning registration in its 
application to elections in election precincts not in- 
cluded within the limits of cities of the classes and 
population mentioned in section 1. 

Sec. 19. In the opinion of the General Assem- 
bly an emergency exists ; therefore, this act shall take 
effect and be in force from and after its passage. 

Approved March 2, 1891. 



APPENDIX. 



APPENDIX 



ELECTION LAWS ENACTED PRIOR TO EIGHTH GENERAL ASSEMBLY 
JNOT REPEALED AND IN FORCE JUNE 2, 1S91. 



CHAPTER XXXIV., G. S. 

Section 1. Every male person over the age of 
twenty-one years, possessing the following qualifica- 
tions, shall be entitled to rote at all elections; 

First — He shall be a citizen of the United States, 
or, not being' a citizen of the United States, he shall 
have declared his intention according to law to be- 
come snch citizen not less than four months before 
he offers to vote. 

Second — He shall hare resided in this State six 
months immediately preceding the election at which 
he offers to vote; in the county ninety days, and in 
the ward or precinct ten days; Provided, that no 
person shall be denied the right to vote at any school 
district election, nor to hold any school district office, 
on account of sex. That all acts or parts of acts in- 
consistent with this act be, and the same are hereby 
repealed. 

Sec. 2. Xo person under guardianship, non com- 
pos mentis, or insane, shall be qualified to rote at 
any election, nor shall any person while confined in 



74 APPENDIX. 

any public prison be entitled to vote, but i'wvy such 
person who was a qualified elector prior to such im- 
prisonment, and who is released therefrom by pardon 
or by having served out his full term of imprisonment, 
shall be vested with all the rights of citizenship ex- 
cept as provided in the constitution. 

Sec. 3. For the purposes of voting and eligibility 
to office, no person shall be deemed to have gained a 
ivsi deuce by reason of his presence, or lost it by rea- 
son of his absence, while in the civil or military ser- 
vice of the State or of the United States, nor while a 
student at any institution of learning, nor while kept 
at public expense in any poorhouse or other asylum, 
nor while confined in public prison. 

Sec. 4. Every qualified elector shall be eligible 
to hold any office of this State for which he is an 
elector, except as otherwise provided by the consti- 
tution. 

Sec. 5. A general election shall be held in the 
several wards and precincts in this State on the first 
Tuesday of October, A. D. 1877, 1878 and 1879, and 
on the Tuesday succeeding the first Monday in No- 
vember, A. D. 1880, and on the Tuesday succeeding 
the first Monday of November in every year thereaf- 
ter. 

Sec. 0. At the general election, A. D. 1877, and 
every alternate year thereafter, there shall be elected 
in every county of the State the following county 
officers, to-wit: One county clerk, who shall be ex 
officio recorder of deeds and clerk of the board of 
county commissioners; one sheriff, one coroner, one 
treasurer, who shall be collector of taxes; one county 
superintendent of schools, one county surveyor and 
one countv assessor. There shall also be elected in 



APPENDIX. 75 

every county of the State, at the general election, 
A. D. 1877, and every third year thereafter, one coun- 
ty judge. 

Sec. 7. At the general electiou, A. D. 1878, and 
every alternate year thereafter, there shall be elected 
the following State officers to-wit: One governor, 
one lieutenant governor, one secretary of state, one 
state treasurer, one auditor of state, one superintend- 
ent of public instruction, and two regents of the uni- 
versity; and in each representative district of the 
State, such members of the house of representatives 
as they may severally be entitled to. State senators 
shall be elected in every senatorial district at the 
general election in the year when the term of office 
of senator shall expire in such district respectively; 
also, on the first Tuesday succeeding the first Monday 
in Xovember, A. D. 1878, and every alternate year 
thereafter, there shall be elected the number of repre- 
sentatives in congress to which the State may be en- 
titled. 

Sec. 8. At the general election, A. D. 1879, and 
every third year thereafter, there shall be elected one 
judge of the supreme court, and in each judicial dis- 
trict of the State one district attorney. At the gen- 
eral election, A. D. 1880, and every fourth year there- 
after there shall be elected such a number of electors 
of president and vice-president of the United States 
as the State may be entitled to in the electoral col- 
lege, and at the general election in 1882, and every 
sixth year thereafter, there shall be elected in each 
judicial district one judge of the district court. 

Sec. 9. At the general election, A. D. 1877, and 
annually thereafter, there shall be elected in each 
county of the State one county commissioner, whose 



yb appendix. 

i< Tin <ii' office shall In* three years, and in each jus- 
tice's precinct, except wards in incorporated cities, 
there shall be elected at the general election, A. D. 
1S77, and annually thereafter, one justice of the peace 

and one constable, whose terms of office shall be two 
years; and all other officers not herein specified that 
now or hereafter may be created shall, unless other- 
wise provided, be elected on the day of the general 
election. 

Sec. 10. All vacancies in any State or county 
office, and in the supreme or district courts, unless 
otherwise provided by law, shall be filled by ap- 
pointment by the governor until the next general 
election after such vacancy occurs, when such va- 
cancy shall be filled by election, and the district 
judge shall 111 1 all vacancies in. the office of district 
attorney in his district by appointment until the next 
general election. 

Sec 11. The regular term of office of all State, 
district, county and precinct officers and of the 
judges of the supreme court shall commence on the 
second Tuesday of January next after their election, 
except as otherwise provided by law. 

Sec. 12. The regular term of office of members 
of the general assembly shall commence on the first 
Wednesday of December next after their election. 

Sim-. 13. Any of the said officers that may be 
elected or appointed to fill vacancies may qualify and 
enter upon the dnties of their office immediately 
thereafter, and if elected they may hold the same dur- 
ing the unexpired term for which they were elected, 
and until their successors are elected ami qualified, 
but if appointed they shall hold the same only until 
their successors are elected and qnalified. 



APPENDIX. 77 

Sec 14. Whenever a vacancy shall occur in the 
office of senator or member of the house of repre- 
sentatives in any comity or counties or district in 
this State, entitled by law to snch senator or repre- 
sentative, the governor shall, upon satisfactory in- 
formation thereof, and as soon as the necessity is ap- 
parent, issue a writ or writs of election to the sheriff 
or sheriffs of said county or counties, entitled by law 
to snch senator or representative, as aforesaid, direct- 
ing him to give notice of a special election within 
snch comity or counties on a day specified in snch 
writ or writs, for the purpose of filling such vacancy; 
and the sheriff shall proceed to give notice of the 
time and place of holding such election, as in other 
cases, and such election shall be held and conducted, 
and the returns thereof be made to the county clerks 
in the same manner and within the time specified in 
this act. 

Sec. 15. Special elections shall be conducted 
and the results thereof canvassed and certified in all 
respects, as near as practicable, in like manner as 
general elections, except as otherwise provided; but 
special elections shall not be held, unless when re- 
quired by public good, and in no case within ninety 
days next preceding a general election. 

Sec. 16. All vacancies in any county or precinct 
office of any of the several counties of the State, ex- 
cept that of the county commissioner, shall be filled 
by appointment by the county commissioners of the 
comity in which the vacancy occurs until the next 
general election, when such vacanvy shall be filled 
by election subject to the provisions of section twen- 
ty-nine, article six, of the constitution. 



78 APPENDIX. 

Sec. 17. Whenever the governor appoints a 
county commissioner to till a vacancy in any county 
he shall appoint a person who is a resident of the 
county and of the commissioner district of the county 
in which the vacancy exists. 

Sec. 18. Whenever any vacancy shall happen in 
the office of representative in congress from this 
State, it shall he the duty of the governor to appoint 
a day to hold a special election to fill such vacancy, 
and cause notice of such election to be given as re- 
quired in section twenty of this act. 

Sec. 19. The secretary of state shall, at lea si 
thirty days previous to any general election, at which 
officers of the executive department, regents of the 
university, members of the general assembly, judges 
of the supreme and district courts, district attorneys, 
representatives in congress and presidential electors. 
are to be elected for a full term, make out and cause 
to be delivered or transmitted by registered letter, 
to the county clerk of each county, a notice in writing, 
stating that at the next general election the before- 
mentioned officers are to be elected, or so many of 
such officers as are then to be chosen; when mem- 
bers of the general assembly are to be elected, and 
are included in such notice, it shall specify the num- 
ber of the district, and the name of the member or 
members whose terms of office will expire. 

Sec. 20. Whenever there is a vacancy in any of 
the offices mentioned in the preceding section, which 
is by law to be filled at the general election, at which 
county officers are elected, the Secretary of State 
shall, at least thirty days previous to said election, 
give notice in writing, as provided for iti the preced- 
ing section, and said notice shall specify the office in 



APPENDIX. 79 

which a vacancy exists, the cause of such vacancy, 
the name of the officer in whose office it has occurred, 
and the time when his term of office will expire. 

Sec. 21. The county clerk shall give notice in 
writing of each general or special election, in which 
shall be stated the time when it shall be held, and the 
officers then to be elected, by causing the same to be 
published in a newspaper having general circulation 
in the county, and sending a copy of such notice by 
mail to the judges of election in each precinct, to be 
posted at the place of voting at least fifteen days be- 
fore such time. 

Sec. 22. County commissioners of the several 
counties in this State are hereby required to divide 
their respective counties into as many election pre- 
cincts for all general and special elections as they 
may deem expedient for the convenience of voters of 
said county, and shall designate the house or place 
in each precinct or ward at which elections are to be 
holden, and the precincts and places of holding elec- 
tions thus established shall so remain until changed 
by the board of commissioners; Provided, That the 
board of county commissioners shall establish at least 
one election precinct for every fiye hundred regis- 
tered voters, as shown by the registry list of the regis- 
spective counties at the last general election, and 
shall every year, if necessary, increase the number of 
election precincts as the number of registered voters 
shall be increased on said registry list, so that at least 
one election precinct for every three hundred regis- 
tered voters may be constituted; And provided, That 
it shall be the duty of the county commissioners at 
any time to change any place of holding elections 
upon a petition of a majority of the voters residing 



80 APPENDIX. 

within said precinct; And' provided further, That the 
precincts and wards established and the places desig- 
nated in which to hold elections at the time of the 
taking effect of this act shall so remain until changed ; 
And provided further, That no new precincts shall 
be established or polling places changed at a later 
date than thirty days previous to any election. 

Sec. 23. The county commissioners of each coun- 
ty shall provide a ballot box, at the expense of the 
county, for each place of voting, which box shall be 
made of glass, to be kept by the county clerk and re- 
corder of each county and by them delivered over to 
their successors in office. Each of said ballot, boxes 
shall be circular in form, with a small opening in the 
top thereof, and enclosed in a square wooden frame 
with a lid to be fastened by three locks, no two of 
which can be opened by the same key; one of said 
keys shall be kept by each of the judges of the elec- 
tion last appointed, to be by them delivered to their 
successors in office. Should either of said judges die 
or remove from their precinct meantime, the key held 
by him shall be surrendered to the county clerk and 
recorder, to be by him kept and delivered to the suc- 
cessor of such judge of election. The said ballot 
boxes shall be, by the clerk and recorder of the re- 
spective counties delivered to the judges of election 
within three days immediately preceding any genera] 
or special election, to be by him used and returned as 
hereinafter provided. 

Sec. 24. The said judges of election shall choose 
two persons having similar qualifications with them- 
selves to act as clerks of election ; and the said clerks 
of election may continue to act as such during the 
pleasure of the judges of election. 



APPENDIX. 8l 

Sec. 25. If any person appointed to act as a 
judge of election as aforesaid, shall neglect or refuse 
to be sworn or affirmed, or to act in such capacity, 
the place of such person shall be filled by the votes of 
snch qualified voters residing within the precincts as 
may then be present at the place of election, and the 
person or persons so elected to fill such vacancy or 
vacancies shall be and are hereby vested with the 
same power as if appointed by the board of county 
commissioners. 

Sec. 26. Previous to any votes being taken, the 
judges and clerks of the election shall severally take 
an oath or affirmation in the following form, to wit: 
"I, A. B., do solemnly swear (or affirm) that I will per- 
form the duties of judge (or clerk, as the case may 
be) according to law, and the best of my ability; that 
I will studiously endeavor to prevent fraud, deceit 
and abnse in conducting the same, and that I will 
not try to ascertain, nor will I disclose, how any elec- 
tor voted, if, in the discharge of my duties as judge 
(or clerk, as the case may be) knowledge shall come to 
me as to how any elector shall have voted unless 
called upon to disclose the same before some court 
of justice." 

Sec. 27. In case there shall be no judge, justice 
of the peace, or other person qualified by law to ad- 
minister an oath, present at the opening of the elec- 
tion, to administer the oath mentioned in the preced- 
ing section, it shall be lawful for the judges of elec- 
tion, and they are hereby empowered to administer 
the oaths or affirmations to each other, and to the 
clerks of the election, and the person administering 
such oaths or affirmations shall cause an entry there- 
of to be made and subscribed by him, and prefixed to 
the poll books. 



82 APPENDIX. 

Sec. 28. Whenever it shall become impossible or 
inconvenient to hold an election at the place desig- 
nated therefor, the judges of election, after having as- 
sembled at or as near as practicable to such place, and 
before receiving any vote, may adjourn to the nearest 
convenient place for holding the election and at such 
adjourned place forthwith proceed with the election. 

Sec. 29. Upon adjourning any election, as pro- 
vided in the preceding section, the judges shall cause 
proclamation thereof to be made, and shall station a 
constable or some other proper person at the place 
where the adjournment was made from to notify all 
elector [electors] arriving at such place of adjourn- 
ment and the place to which it was made. 

Sec. 30. If any elector shall vote more than once, 
or having voted once, shall offer to vote again at any 
election, or shall offer to deposit in the ballot box at 
any election more than one ballot, he shall be deemed 
guilty of a misdemeanor, and on conviction thereof 
shall be fined not exceeding one hundred dollars or 
imprisoned in the county jail not exceeding sixty 
(lays. 

Sec. 31. The judges of election, in determining 
the residence of a person offering to vote, shall be 
governed by the following rules, so far as they may be 
applicable : 

First — That place shall be considered and held 
to be the residence of a person in which his habita- 
tion is fixed, and to which, whenever he is absent, he 
lias the intention of returning. 

Second — A person shall not be considered or held 
to have lost his residence who shall leave his home 
and go into another State, territory or county of this 



APPENDIX. 83 

State for temporary purposes merely, with an inten- 
tion of returning. 

Third — A person shall not be considered or held 
to have gained a residence in this State, or in any 
county in this State, when retaining his home or 
domicile elsewhere. 

Fourth — If a person remove to any other State, 
or to any of the territories, with the intention of mak- 
ing it his permanent residence, lie shall be considered 
and held to have lost his residence in this' State. 

Fifth — If a person remove from one county, pre- 
cinct or ward in this State to any other county, pre- 
cinct or ward in this State, with the intention of 
making it his permanent residence, he shall be con- 
sidered and held to have lost his residence in the 
county, precinct or ward from which he removed. 

Sec. 32. If a person offering to vote be chal- 
lenged as unqualified, by one of the judges of election, 
or by any elector, one of the judges shall tender to 
him the following oath or affirmation: You do sol- 
emnly swear (or affirm), that you will fully and truly 
answer all such questions as shall be put to you 
touching your place of residence, and qualifications as 
an elector at this election: First — If the person be 
challenged as unqualified, on the ground that he is 
not a citizen, and will not exhibit his papers pertain- 
ing to his naturalization, the judges, or one of them, 
shall put the following questions: First — Are you a 
citizen of the United States? Second — Are you a 
native, or naturalized citizen? and if neither, have 
you declared your intention to become a citizen, con- 
formably to the laws of the United States, on the sub- 
ject of naturalization, at least four months previous to 
to-dav? Third — Have you become a citizen of the 



84 APPENDIX. 

United States by reason of the naturalization of your 
parents, or one of them? Fourth — Where were your 
parents, or one of them, naturalized? If the person 
offering to vote claims to be a naturalized citi- 
zen of the United States, or thai he lias, four months 
previous to the election, declared his intention to be- 
come such, lie shall state, under oath, where and in 
what courts he was naturalized. Second — If the per- 
son be challenged as unqualified, on the ground that 
he has not resided in this State for six months imme- 
diately preceding the election, the judges, or one of 
them, shall put the following questions: First- 
have you resided in this State for six months immedi- 
ately preceding this election, and during that time 
have you retained a. home or domicile elsewhere? 
Second — Have you been absent from this State within 
the six months immediately preceding this election? 
Third — If so, when you left, was it for a temporary 
purpose with the design of returning, or did you in- 
tend remaining away? Fourth — Did you, while ab- 
sent, look upon and regard this State as your home? 
Fifth — Did you, while absent, vote in any State or ter- 
ritory? Third — If the person be challenged on the 
ground that he has not resided in the county ninety 
days, or in the precinct, or ward, ten days, one of the 
judges shall question him as to his residence in the 
county, precinct or ward, in a manner similar to the 
before-mentioned method of questioning a person as 
to his residence in the State. Fourth — If the person 
be challenged as unqualified, on the ground that he is 
not twenty-one years of age, the judges, or one of 
them, shall put the following question: Are you 



APPENDIX. 85 

Twenty-one years of age, to the best of your knowledge 
and belief? The judges of election, or one of them, 
shall put all such other questions to the person chal- 
lenged, under the respective heads, aforesaid, as may 
be necessary to test his qualifications as an elector it 
that election. 

Sec. 33. If the person challenged as aforesaid 
shall refuse to answer fully any question which shall 
be put to him as aforesaid, the judges shall reject his 
vote. 

Sec. 34. If the challenge be not withdrawn after 
the person offering to vote shall have answered the 
questions put to him as aforesaid, one of the judges 
shall tender to him the following oath: You do sol- 
emnly swear (or affirm) that you ire a citizen of the 
United States (or declare your intention of becoming 
such at least four months previous to this election), of 
the age of twenty-one years; that you have been a 
resident of the State for six months next preceding 
this election, and have not retained a home or domi- 
cile elsewhere; that you have been for the last ninety 
days, and now are, a resident of this county; that you 
have been for the last ten (10) days, and now are, a 
resident of this precinct (or ward, as the case may be), 
and that you have not voted at this election. 

Sec. 35. If any person shall refuse to take the 
oath or affirmation so tendered, his vote shall be re- 
jected; Provided, That after such oath shall have been 
taken the judges may nevertheless refuse to permit 
such person to vote if they shall be satisfied that he is 
not a legal voter. 

Sec. 36. Whenever any person's vote shall be re- 
ceived, after having taken the oath or affirmation pre- 



86 APPENDIX. 

scribed in section forty (40) of this act, it shall be the 
duty of the clerks of the election to write on the poll 
books at the end of the person's name, "sworn." 

Sec. 37. It shall be the duty of any judge of elec- 
tion to challenge any person offering to vote whom he 
shall believe not to be qualified as an elector. 

Sec. 38. It shall be the duty of the judges of elec- 
tion, immediately before proclamation is made of the 
opening of the polls, to open the ballot box in the pres- 
ence of the people there assembled and turn it upside 
down so as to empty it of everything that may be in it, 
and then lock it securely ; and it shall not be reopened 
until for the purpose of counting the ballots therein 
at the close of the election. 

Sec. 39. For the preservation of order as well as 
the securing of the judges and clerks of the election 
from insult and abuse, it shall be the duty of any con- 
stable or constables residing within the precinct, who 
shall be designated for the purpose by the judges of 
the election to attend to all elections within his pre- 
cinct, and* the judges of election are hereby author- 
ized and empowered to appoint one or more special 
constables to assist in preserving order during the 
elections and until the votes are canvassed. 

Sec. 40. Constables or special constables ap- 
pointed or requested by the judges of election to pre- 
serve peace at the polls, shall receive two dollars 
and a half per day for their services, payable out of 
the county treasury. 

Sec. 41. Each clerk of the election shall keep a 
poll list which shall contain one column headed, 
"Names of voters," and one column headed, "Number 
on ballot." Tin 1 name and number on] Hie ballot of 



APPENDIX. 87 

each elector shall be entered by each clerk in regular 
succession under the said headings in his poll list. 

Sec. 42. The polls at any election shall not be 
closed, after once being opened, until the}' are finally 
closed in the evening. 

Sec. 43. As soon as all the votes shall have been 
read off and counted, the judges of election shall make 
out a certificate under their hands, and attested by 
the clerks, stating the number of votes each candi- 
date received, designating the office for which such 
•person received such vote or votes, and the number he 
did receive, the number being expressed in words at 
full length, and in numerical figures, such entry to be 
made, as nearly as circumstances will admit, in the 
following form, to wit: At an election held at the 

house of in precinct or ward, in 

the county of and State of Colorado, on the 

day of in the year of our Lord one 

thousand eight hundred and , the following 

named persons received the number of votes annexed 
to their respective names for the folloAving described 
offices, to wit: Whole number of votes cast were 
A. B. had seventy- two (72) votes for gov- 
ernor; C. D. had seventy-one (71) votes for governor; 
E. F. had seventy-two (72) votes for lieutenant-gov- 
ernor; G. H. had sixty-nine (69) votes for lieutenant- 
governor; J. K. had sixty-eight (68) votes for repre- 
sentative in congress; L. M. had seventy (70) votes for 
representative in congress; N. O. had seventy-two (72) 
votes for representative; P. Q. had seventy-one (71) 
votes for representative; R. S. had eighty-four (84) 
votes for sheriff; T. W. had sixty (60) votes for sheriff; 



OQ APPENDIX. 

and in the same manner for any other person voted 
for. 

Certified by us A. B. 

CD. 
E. F. 

Judges of Election. 
Attest: 

g. ri. 
i. j. 

Clerks of Election. 

And the said certificate, together with one of the 
lists of voters, and one of the tally papers, shall then 
be enclosed and sealed up, under cover, and directed to 
the clerk of the county in which such election is held, 
and the packet thus sealed shall be sent by registered 
letter where practicable, otherwise it shall be con- 
veyed by one of the judges or clerks of the election, to 
be determined by lot if they cannot agree otherwise, 
within six days of the closing of the polls. And if 
any judge or clerk of an election, after having been 
deputed by the judges of election, at which he served 
as judge or clerk, to carry the poll book of such elec- 
tion to the clerk of the county, shall fail or neglect 
to deliver such poll book to the said clerk, within the 
time prescribed by law, safe, with the seal unbroken, 
he shall for every offense forfeit and pay the sum of 
five hundred dollars, for the use of the county, to be 
recovered in the name of the commissioners of the 
county, by an action of debt in any court of competent 
jurisdiction; Provided, That informality in the deliv- 
ering of the poll books as directed in this section shall 
not invalidate the vote of any precinct when said poll 
books shall have been delivered previous to the can- 
vassing of the votes of such election bv the conntv 



APPENDIX. 89 

board of canvassers. When all the votes shall have 
been read and counted, the ballots, together with one 
of the tally lists, shall be returned to the ballot box 
and the opening of the glass part thereof shall be 
carefully sealed, and each of the judges shall place 
his private mark on said seal; the wooden cover shall 
then be locked, and each of the judges shall preserve 
one of the keys thereof as herein provided. This box 
shall then be delivered by one of the clerks of the 
election who is of the opposite political party from the 
judge or clerk chosen to take charge of and deliver 
the certificate and tally list, which clerk shall at once 
and with all convenient speed take said box to the 
office of the county clerk and recorder and safely de- 
liver it to such officer, taking his delivery receipt 
therefor. 

Sec. 44. If any judge or the judges of any elec- 
tion shall wilfully and maliciously refuse to receive 
the ballot of any qualified elector, who shall take or 
offer to take the oath prescribed by this act, in such 
case every judge so refusing or neglecting to receive 
the vote or ballot when the same shall be presented, 
shall be liable to be indicted, and on conviction there- 
of shall be fined five hundred dollars, and imprisoned 
not exceeding thirty days; and for every refusal or 
neglect to receive such vote, the party aggrieved may 
have an action 011 the case against the said judge or 
judges; the damages in such case shall not exceed the 
sum of five hundred dollars. 

Sec. 45. On the tenth day after the close of the 
election or sooner, if all the returns be received, the 
clerk of the county, taking to his assistance two jus- 
tices of the peace of his county, one at least of whom 
shall belong to a different political party than him- 



90 APPENDIX. 

self, if any such there be in the county, shall proceed 
to open the said returns, and make abstracts of the 
votes iu the following manner: The abstract of the 
votes for electors for President and Vice-President of 
the United Stales shall be on one sheet, and the ab- 
stract of votes for representative in congress shall be 
on another sheet, and the abstract of votes for regents 
of the university shall be on another sheet, and the 
abstract of votes for officers of the executive depart- 
ment shall be on another sheet, and the abstract of 
votes for senators shall be on another sheet, and the 
abstract of votes for representatives shalL be on 
another sheet, and the abstract of votes for judges 
of the supreme court shall be on another sheet, and 
the abstract of votes for judges of the district court 
and district attorneys shall be on another sheet, and 
the abstract of votes for county and precinct officers 
shall be on another sheet; and it shall be the duty of 
said clerk of the county immediately to make out a 
certificate of election to each of the persons having 
the highest number of votes for county and precinct 
officers, respectively, and cause such certificate to be 
delivered to the person entitled to it. If any two or 
more persons have an equal number of votes for the 
same count}' or precinct office, and a higher number 
than any other person, the county clerk #nd his as- 
sistants aforesaid shall immediately determine by 
lot which of the two candidates shall be elected. 

Sec. 4G. The clerk of the count}^, imm'ediately 
after making out abtracts of votes given in his coun- 
ty, shall make a copy of such abstract and deliver or 
transmit the same in a registered package by mail 
to the office of the secretary of State; the original ab- 
stracts he shall file and record in a book in his office 



APPENDIX. 91 

to be kept for that purpose. He shall also certify to 
the abstracts and copies and affix thereto the county 
seal, and the said clerk shall respectively endorse on 
the back of the envelope in which said certified copies 
are enclosed, "Certified copy of the abstract of votes 
cast for governor, etc., members of the general assem- 
bly, etc. (as the case may be), cast at the regular elec- 
tion in county 18 .... " 

Sec. 47. Whenever it shall so happen that the 
county clerk shall die, be absent, or from any casualty 
be prevented from opening the returns of votes at any 
election, it shall be lawful for his deputy to discharge 
the duties required of such clerk by law; which dep- 
uty shall be appointed by the majority of county com- 
missioners when said clerk has failed to appoint a 
deputy. . 

Sec. 48. The abstract of votes cast in each 
county for the officers of the executive department 
shall be sealed up by the county clerks of said coun- 
ties, and delivered or transmitted in a registered 
package by mail to the secretary of State, directed 
to the speaker of the house of representatives. Upon 
the organization of the house the secretary of State 
shall deliver to the speaker of the house all of the 
returns for officers of the executive department that 
he shall have received, and upon the receipt of the 
same by the speaker of the house of representatives, 
he shall, before proceeding to other business, open 
and publish the same in the presence of a majority 
of the members of both houses of the general assem- 
bly, who shall for that purpose assemble in the hall 
of the house of representatives. The person having 
the highest number of votes for either of said offices 
shall be declared duly elected by the presiding officer 



92 APPENDIX. 

of the joint assembly, but if two or more have an 
equal and the highest number of votes for the same 
office, one of them shall be chosen thereto by the two 

houses of joint ballot. 

See. 49. The governor, secretary of States audi- 
tor of State, treasurer of Stale and attorney general, 
or any three of them, shall constitute the board of 
State canvassers, and shall canvass the! abstracts of 
votes cast in the different counties of the State for 
electors of President and Vice-President, for repre- 
sentative in Congress, for regents of the university, 
for judges of the supreme and district courts, for dis- 
trict attorneys, and for senators and represent at ives. 

Sec. 50. If from any county no such abstract of 
votes shall have been received within the twenty-five 
days next, after any election by the Secretary of 
State, he shall dispatch a special messenger to obtain 
a copy of the same from the county clerk of such coun- 
ty, and such county clerk shall immediately on de- 
mand of such messenger make out and deliver to him 
the copy required, which copy of the abstract of votes 
the messenger shall deliver to the Secretary of State 
without delay. The said messenger shall receive as 
compensation for his services three! dollars' per day, 
and fifteen cents for each mile traveled in going to 
and returning from the county seat of said county, 
by the usual route, to be paid out of the State treas- 
ury. 

Sec. 51. For the purpose of canvassing the re- 
sult of elections, the State board of canvassers shall 
meet at the office of the Secretary of State at ten 
o'clock of the forenoon of the twenty-fifth day after 
any election for any of the officers mentioned in sec- 
tion fifty-three (53) of this act, if it be not on Sunday; 



APPENDIX. 93 

if it be on Sunday, then they shall meet on the twenty- 
sixth day, when they shall, if the returns from all the 
counties of the State be in the possession of the Sec- 
retary of State, proceed to canvass the votes. If the 
returns are not all in they shall adjourn from time 
to time, as they deem proper, to wait the receipt of 
all returns; Provided, however, That on the last 
Wednesday of December next after the election, they 
shall canvass the votes, whether all the returns be 
received or not; And also provided, That on the year 
upon which there is elected electors for President and 
Vice-President, the State board of canvassers shall 
meet at the Secretary of State's office on the last 
secular day of Xovember, in the year of the election, 
and proceed to canvass the votes cast for said elec- 
tors. 

Sec. 52. The State board of canvassers, when 
met in accordance with the law, and a quorum (three) 
being present, shall proceed to examine and make 
statement of the whole number of votes given at any 
such election for all of the officers mentioned in sec- 
tion fifty-three (53) of this act that shall have been 
voted for in said election; which statements shall 
show the names of the persons to whom such votes 
shall have been given for either of said offices, and 
the whole number given to each, distinguishing the 
several districts and counties in which! they were 
given; they shall certify such statements to be correct 
and subscribe their names thereto, and they shall 
thereupon determine what persons have been by the 
greatest number of votes duly elected to such offices, 
or either of them, and shall endorse and subscribe on 
such statements a certificate of their determination 
and deliver them to the Secretarv of State. 



94 APPENDIX. 

Sec. 53. If any two or more persons Lave an 
equal and the highest number of Totes for member of 
either house of the general assembly, for judges of the 
supreme or district courts, for district attorney or for 
regent of the university, or electors of President and 
Vice-President, the State canvassers shall proceed to 
determine by lot which of the candidates shall be de- 
clared elected. Reasonable notice shall be given to 
such candidates of the time when such elections will 
be so determined. 

Sec. 54. The Secretary of State shall record in 
his office in a book to be kept by him for that purpose 
each certified statement and determination, as made 
by the board of State canvassers, and shall without 
delay make out and transmit to each of the persons 
thereby declared to be elected, a certificate of his elec- 
tion, certified by him under his seal of office, and he 
shall also forthwith cause a copy of such certified 
statement and determination to be published in a 
newspaper published at the seat of government. 

Sir. 55. Upon the day fixed by law for the assem- 
bling of the general assembly, the Secretary of State 
shall lay before each house a list of members elected 
thereto, with the districts they represent, in accord- 
ance with the returns in his office. 

Sec. 5G. The Secretary of State shall prepare 
lists of the names of the electors of President and 
Vice-President of the United States, elected at any 
election, procure thereto the signature of the gover- 
nor, affix the seal of the State to the same, and deliver 
one of such certificates thus signed to each of said 
electors, on or before the first Wednesday in Decem- 
ber next after such election. 



APPENDIX. 95 

Sec. 57. The electors of President and Vice- 
President of the United States shall convene at the 
capital of the State on the first Wednesday of Decem- 
ber next after their election, at the hour of twelve 
o'clock at noon of that day; and if there shall be any 
vacancy in the office of electors, occasioned by death, 
refusal to act, neglect to attend, or other cause, the 
elector or electors present shall immediately proceed 
to fill such vacancy in the electoral college; and when 
the vacancy shall have been filled as above provided, 
they shall proceed to perform the duties required of 
such electors by the Constitution and laws of the 
United States, and vote for President and Vice-Presi- 
dent by open ballot. 

Sec. 58. Every elector of this State for the elec- 
tion of President and Vice-President of the United 
States, hereafter elected, who shall attend and give 
his vote for those officers at the time and place ap- 
pointed by law, shall be entitled to receive the sum of 
five dollars per day for each day's attendance at such 
election, and fifteen cents per mile for each mile he 
shall travel in going to and returning from the place 
where the electors shall meet, by the most usual trav- 
eled route, to be paid out of the general contingent 
fund, and the auditor of State shall audit the amount 
ami draw his warrant for the same. There shall be 
an election held in this State for the election of such 
electors at the times appointed by any law of congress 
or the Constitution of the United States for such 
election, and when such election shall be special the 
same shall be called, held, and the votes polled, can- 
vassed, in all respects as at a general election, and 
the duties of the electors so elected shall be the same 
as prescribed by law for electors selected at a general 
election. 



96 APPENDIX. 

Sec. 59. Whenever the judges of election in any 
precinct or ward discover in the canvassing of votes 
thai the name of any candidate voted for be mis- 
spelled, or the initial letters of his Christian name or 
names be transposed or omitted in part or altogether 
on the ballot, the vote or votes for such candidate 
shall be counted for him if the intention of the elector 
to vote for him be apparent; and whenever the board 
of comity canvassers or of State canvassers, or the 
s] teaker of the house of representatives, when author- 
ized by law to canvass votes or returns, shall find the 
returns from any precinct, ward, county or district 
(as the case may be) do not strictly conform to the 
requirements of law in the making, certifying and 
returning the same, the votes polled in such precinct, 
ward, comity or district shall, nevertheless, be can- 
vassed and counted, if such returns shall) be suffi- 
ciently explicit to enable such boards, or any person 
or persons authorized to canvass votes and returns 
to determine therefrom how many votes were! polled 
for the several persons who were candidates and 
voted for at the election of which the votes are being 
canvassed. 

Sec. 60. If upon proceeding to canvass the votes 
it shall clearly appear to the canvassers that in any 
statement produced to them certain matters arc 
omitted in such statement which should have been 
inserted, or that any mistakes which are clerical 
merely, exist, they shall cause the said statements to 
be sent to one of their number (whom they shall de- 
pute for that purpose) to the precinct or ward judges, 
or the comity board of canvassers (as the case may 
be) from whom they were received, to have the same 
corrected, and the judges of election or county clerk 



APPENDIX. 97 

(as the case may be) when so demanded, shall make 
such correction as the facts of the case require, but 
shall not change or alter any decision before made by 
them, but shall only cause their canvass to be cor- 
rectly stated; and the canvassing- board may adjourn 
from day to day for the purpose of obtaining and re- 
ceiving such statements; Provided always, That they 
shall not delay counting past the day provided by 
law for the completion of the canvass. 

Sec. 61. Judges and clerks of election shall each 
receive as compensation for their services two and a 
half dollars per day of twelve hours or fractional part 
thereof of over four hours, and it shall be the duty 
of the clerk of each county, on the receipt of the elec- 
tion returns of any general or special election, to 
make out his certificate stating therein the compen- 
sation to which the judges and clerks of such election 
may be entitled for their services and lay the same 
before the board of county commissioners at their 
next meeting; and the said board shall order the com- 
pensation aforesaid to be paid out of the county 
treasury. 

Sec. 62. It shall be the duty of the secretary of 
State to make out a complete form of poll books, tally 
lists, and all the forms required by this act, to be 
used by judges of election and the county clerks, and 
to send printed copies thereof to the county clerk of 
each county, and he shall cause to be printed in 
pamphlet form such parts of this act as are necessary 
for the guidance of the judges of election in the dis- 
charge of their duties, and to send printed copies 
thereof to the county clerk of each county, for him to 
distribute to the judges in each precinct or ward. 



98 APPENDIX. 

Sec. (>3. No saloon or other place a1 which in- 
toxicating liquors are sold shall be open during the 
day of any general or special election in. this Stale 
Any saloon-keeper or other person who shall sell, 
barter or give away any intoxicating liquors during 
the day of any general or special election, before the 
polls are closed on such day, shall for each and every 
offense be liable to pay a fine of fifty dollars, or be 
imprisoned twenty days, or both, at the discretion of 
the court in which the case may be tried. 

S(m-. ()4. The proper ballots, when not required 

to be taken from the ballot box for the purpose of 
election contests, shall remain in the ballot box in the 
custody of the county clerk and recorder until the 
next election, when, before opening the polls, the bal- 
lot box shall be opened in the presence of the judges, 
and the ballots destroyed by fire; Provided, That if 
the ballot boxes be needed for a special election be- 
fore the legal time for commencing any proceedings 
in the way of contests shall have elapsed, or in case 
such judges at the time of holding such special elec- 
tion have knowledge of the pendency of any contest 
in which the ballots would be needed, the said judges 
shall preserve the ballots in some secure manner, and 
provide for their being so kept so no one can ascer- 
tain how any elector may have voted. 

Sec. 65. Any person who shall falsely personate 
any voter, and vote under the name of such voter, 
shall, upon conviction, be punished by confinement 
and hard labor in the State penitentiary not exceed- 
ing three years. 

Sec. 66. If any elector, challenged as unquali- 
fied, shall be guilty of willful and corrupt false swear- 
ing or affirmation by an oath or affirmation pre- 



APPENDIX. 99 

scribed by this act, such person shall be: adjudged 
guilty of willful and corrupt perjury. 

Sec. (>7. Every person who shall willfully and 
corruptly procure any person to swear or affirm false- 
ly as aforesaid, shall be adjudged guilty of subor- 
nation of perjury, and shall, upon conviction thereof, 
suffer the punishment provided by law in cases of 
willful and corrupt perjury. 

See. 68. If any officer on whom any duty is en- 
joined by this act shall be guilty of any willful neg- 
lect of such duty, or of any corrupt conduct in the 
execution of the same, and be thereof convicted, he 
shall be deemed guilty of a misdemeanor, punishable 
by a line or imprisonment, the fine in no case to ex- 
ceed the sum of five hundred dollars, nor the impris- 
onment the term of one year. 

Sec. 69. In case any judge of election shall 
knowingly and willfully permit any person to vote at 
any election who is not entitled to vote thereat, the 
said judge so offending shall, on conviction thereof, 
be adjudged guilty of a misdemeanor, and shall be 
sentenced to pay a fine not exceeding five hundred 
dollars or be imprisoned in the county jail not ex- 
ceeding six months. 

Sec. 70. If any person shall, by bribery, menace 
or other corrupt means or device whatever, either di- 
rectly or indirectly, attempt to influence any voter of 
this State, in giving his vote or ballot, or deter him 
from giving the same, or disturb or hinder him in 
the free exercise of the right, of suffrage at any elec- 
tion in the State, or shall fraudulently or deceitfully 
change or alter a, ballot or cause any such deceit to 
be practiced with intent fraudulently to induce such 
elector to deposit the same as his vote, and thereby 



IOO APPENDIX. 

have the same thrown out and not counted, every 
person so offending against the provisions of this 
act shall be deemed guilty of a misdemeanor, punish- 
able by fine not exceeding two hundred and fifty dol- 
lars or by imprisonment not exceeding six months. 

Sec. 71. Any person who, at a general or special 
election, or any city or charter election, shall know- 
ingly vote or offer to vote in any election precinct 
or ward in which he does not reside, shall, on con- 
viction, be adjudged guilty of a misdemeanor, and 
punishable by fine not exceeding two hundred dol- 
lars, or by imprisonment not exceeding six months. 

Sec. 72. If any elector shall accept or receive 
from any person whomsoever any money or other 
valuable thing for and in consideration of his voting 
for or against any person or persons who are candi- 
dates at any election in the State, he shall be deemed, 
guilty of a misdemeanor, and punishable by a fine not 
exceeding two hundred dollars or by imprisonment 
not exceeding six months. 

Sec. 73. If any person shall mutilate or erase 
any name, figure or word in a poll book, taken or 
kept at any election; or if any person shall take away 
such poll book from the place where it has been de- 
posited for safe keeping with an intention to destroy 
the same, or to procure or prevent the election of any 
person; or if any person shall destroy any poll book 
so taken and kept at any election, he or she shall be 
deemed guilty of a misdemeanor, and on conviction 
shall be fined not exceeding five hundred dollars or 
imprisonment not exceeding sixty days in the county 
jail. 

Sec. 74. Any qualified elector may institute pro- 
ceedings to contest the election of any person to the 



APPENDIX. IOI 

office of supreme, district or county judge. The su- 
preme court shall have original jurisdiction for the 
adjudication of such contests, and shall prescribe 
rules for practice and proceedings therein. 

Sec. 75. Any candidate or elector being desir- 
ous of contesting the election of any person declared 
elected governor, lieutenant governor, secretary of 
State, auditor of State, treasurer of State, attorney 
general, superintendent of public instruction or 
regent of the university, shall, between the sixth and 
tenth days of the first session of the general assembly, 
after the day of election, file a notice of such inten- 
tion with the secretary of the senate, specifying the 
particular points on which he means to rely. 

Sec. 76. Upon any such notice being filed, as 
aforesaid, the general assembly shall, by resolution, 
determine on what day they will meet in joint con- 
vention to take action in any such contest, and there- 
upon a certified copy of the notice, filed by the con- 
testor, shall be served upon the person whose elec- 
tion is sought to be contested, or by leaving" a copy 
thereof at his last or usual place of residence, by such 
person as shall, by resolution, be appointed, with a 
notice that he is required to attend the joint conven- 
tion, on the day so fixed, to answer the contest. 

Sec. 77. On the hearing of any contested elec- 
tion for any of the officers named in section eighty- 
three of this act, the parties to such content may in- 
troduce written testimony to be taken in manner later 
prescribed by the joint convention; but no deposi- 
tions shall be read on such hearing unless the oppo- 
site party shall have had reasonable notice of the 
time and place of taking the same. 



102 APPENDIX. 

Sec. 78. In conducting any contested election 
for offices named in section eighty-three of this act, 
the following rules shall be observed, to-wit : 

First — On the day and at the hour appointed for 
that purpose, the general assembly, with its proper 
officers, shall convene in joint convention. 

Second — The President of the Senate shall pre- 
side, but when he is the contestee, the president pro 
rem. of the senate shall preside. 

Third — The parties to the contest shall then be 
called by the secretary of the senate, and if they an- 
swer, their appearance shall be recorded. 

Fourth — The contestOF shall first introduce his 
testimony, and then the contestee shall introduce his, 
and after the testimony is gone through on both 
sides, the contestor may, by himself or by his counsel, 
open the argument, and the contestee may then pro- 
ceed, by himself or his counsel, to make his defense, 
and the contestor be heard in reply. 

Fifth — After the arguments are thus gone 
through by the parties, any member of the joint con- 
vention shall be at liberty to offer his reasons for the 
vote he intends to ,uive; Provided, That, the conven- 
tion may limit the time of argument and debate. 

Sixth — Tin- secretary of the Senate shall keep a 
regular journal of the proceedings. The manner of 
taking the decision shall be by a call of the members, 
and a majority of all the votes given shall decide. 

Sec. 70. The election of any person declared 
duly elected as a Senator or a member of the house 
of representatives may be contested by auy qualified 
voter of the district to be represented by such senator 
or representative. 



APPENDIX. 103 

Sec. 80. The contestor shall, within ten days 
after the canvass of the votes, make and tile in the 
office of the secretary of State, a verified) statement, 
as hereinafter required, in relation to comity officers, 
except the list of illegal votes cast, or legal votes re- 
jected, and serve a copy thereof npon the contestee. 

Sec. 81. The contestee shall, within ten days 
after the service npon him of such statement, make 
and file in the office of the secretary of State an an- 
swer, duly verified, admitting or specifically denying 
each allegation contained in such statement intended 
to be controverted by contestee, and shall also set up 
in suck answer any new matter or counter-statement 
embracing any of the causes hereinafter enumerated 
as causes of contest in relation to count}" offices, ex- 
cept the list of illegal votes cast or legal votes re- 
jected, which may entitle him to retain his seat in 
that branch of the general assembly to which he shall 
have been declared duly elected, and serve a copy 
thereof npon the contestor. 

Sec. 82. When the answer of contestee contains 
new matter constituting 'ia counter-statement, the 
contestor shall, within ten days after the service upon 
him of such answer, reply to the same, admitting, or 
specifically denying, under oath, each allegation con- 
tained in such counter-statement intended by him to 
be controverted on the trial, and file the same in the 
office aforesaid, and serve a copy thereof upon the 
contestee. 

Sec. 83. Either party, contestor or contestee, 
may, at the time of serving his statement or answer, 
serve upon the adverse party a notice of taking depo- 
sitions in support of his statement or answer, if any 
such depositions are to be taken, to be used npon the 



104 -APPENDIX. 

trial of such contest. That immediately after joining 
issue of fact, as hereinbefore provided, both contestor 
and contestee shall proceed with all reasonable dis- 
patch to take such deposition as he may desire to use 
<»n such trial. The written notice of the time and 
place of taking such depositions shall be given to the 
adverse party a sufficient length of time to enable 
such party to reach such place within the time, by 
the nsnal traveled route, and upon a public convey- 
ance, if any such conveyance plies between the place 
of serving such notice and the place of taking such 
deposition; otherwise, a reasonable time to make such 
journey; Provided, That nothing herein contained 
shall abridge the right of either party to take deposi- 
tions upon reasonable notice prior to the joining of 
issue aforesaid, in relation to any of the matters 
of controversy to be raised in such contest; but a fail- 
ure to take depositions before the joining of issue 
shall not be held as laches against either party to 
such contest. 

Sec. 84. If, upon the completion of taking any 
deposition, the adverse party has any witness or wit- 
1 losses present before the officer taking such deposi- 
tion, whose testimony is sought to be used in rebuttal 
of the deposition so taken, such adverse party may 
proceed immediately to take the deposition of such 
rebutting witness or witnesses before such officer, 
upon giving written notice to the opposite party or 
his attorney; and such officers shall attach to said 
depositions a copy of said notice, with proof of ser- 
vice; the said rebutting depositions shall be returned, 
by the officer taking the same, in the same manner 
as hereinafter provided for returning depositions in 
chief; Provided always, That such adverse party shall 



APPENDIX. 105 

be at Ms own proper cost and expense in procuring 
such depositions and the return thereof. 

Sec. 85. The time for taking depositions, by 
either party, to be used upon the trial of such contest, 
shall expire three days prior to the meeting of the 
next general assembly. Both parties may take depo- 
sitions at the same time, but neither party shall take 
depositions at two or more different places at the 
same time. Both parties must be ready, with all 
their testimony, to proceed with the trial of such con- 
test, when called for trial by the body authorized to 
try the same; but nothing herein contained shall be 
construed to abridge the right of either branch of the 
general assembly, upon good cause shown, to extend 
the time to take depositions, or to send for and ex- 
amine any witness, or to take any testimony it may 
desire to use on the trial of such contest. 

Sec. 86. Any county judge, or justice of the 
peace, or notary public, of a county in the district 
where the contest arises, may issue subpoenas in 
every such contested election case, and shall have 
power to compel the attendance of witnesses, take 
such depositions, and certify the same, according to 
the rules for taking depositions in the district court. 

Sec. 87. The officer before whom such deposi- 
tions shall be taken, shall immediately, upon the con- 
clusion of the taking thereof, certify to the same, and 
enclose the same, together with the notices for taking 
such depositions, and the proof of service of such no- 
tices, in an envelope, and seal the same tip, and trans- 
mit the same by mail, or by the hands of a sworn offi- 
cer, to the secretary of State, with an endorsement 
thereon showing the nature of the papers, the names 



106 APPENDIX. 

of the contesting parties, and the branch of the gen- 
eral assembly before which the contest is to be tried. 
Sec. 88. The secretary of State shall deliver the 
same, unopened, together with the statement of con- 
testor, answer of contestee, and reply, if any there be, 
to the presiding officer of the body in which the con- 
test is to be tried, immediately upoii the organization 
of sneli body, or so soon thereafter as the same may 
come to his possession; and such presiding officer 
shall, immediately upon the receipt thereof, give no- 
tice to the body over which he presides that sneh 
papers are in his possession. 

COUNTY OFFICERS. 

Sec 89. The election of any person, declared 
duly elected to any comity office, except the office of 
county judge, may be contested by an elector of such 
county: First — When the contestee is not eligible to 
the office to which he has been declared elected. Sec- 
ond — When illegal votes have been received, or legal 
voters rejected, at the polls, sufficient to chanige the re- 
sult. Third — For an error, or mistake, in any of the 
boards of judges, or canvassers, in counting or declar- 
ing the result of the election, if the error, or mistake, 
would affect the result. Fourth — For mal-condnct, 
fraud, or corruption on the pari of the board of regis- 
try, or judges of election, in any precinct or ward, or 
any of the boards of canvassers, or on the part of any 
member of such boards. Fifth — For any other cause 
(though not above enumerated) which shows that an- 
other was the legally elected person. 

See. 90. The matter contained in the second, 
third, fourth and fifth causes of contest shall not be 
held sufficient to set aside the election, unless such 
causes Ik* found sufficient to change the result. 



APPENDIX. IO7 

Sec. 91. All contested election cases of county 
officers, except county judges, shall be tried and de- 
termined by the county judge of the county in which 
the contest arises; but before the county judge shall 
be required to take jurisdiction of the contest, the 
contestor must file, with the clerk of said court, a 
bond, with sureties, to be approved by said judge, 
running to said contestee, and conditioned to pay all 
costs iii case of failure to maintain his contest. 

Sec. 92. The contestor shall file in the office of 
the clerk of the comity court, within ten days after 
the day when the rotes are canvassed, a written 
statement of his intention to contest the election, set- 
ting' forth the name of the contestor, and that he is an 
elector of the comity; the name of the contestee; the 
office contested; the time of the election, and the par- 
ticular cause or causes of the contest; which, state- 
ment shall be Aerified by the affidavit of the contes- 
tor, or some elector of the comity, that the causes se1 
forth in such statement are true, as he is informed 
and verily believes. 

Sec. 93. The county clerk shall thereupon issue 
a summons in the ordinary form, in which the con- 
testor shall be named as plaintiff and the contestee as 
defendant, stating- the court in which such action is 
brought, the comity in which the statement is filed, 
and a brief statement of the cause or causes of contort 
as set forth in contestor's said statement, which said 
summons shall be served upon the contestee by the 
sheriff of the comity in the same manner as other ori- 
ginal process is served, within ten days after the 
same shall have been placed in the hands of such sher- 
iff for service. The contestee shall, within ten days 
after the service of such summons, make and file his 



108 APPENDIX. 

answer to the same with the clerk of said court, in 
which he shall either admit or specifically deny each 
allegation contained in such statement intended to be 
controverted by contestee on the trial of such contest; 
and shall also set up in snch answer an}' counter- 
statement embraced in any of the causes hereinbefore 
enumerated, as causes of contest in relation to county 
officers, which he relies upon as entitling him to the 
office to which he has been declared elected. When 
the reception of illegal or the rejection of legal votes 
is alleged as a cause of the contest, a list of the num- 
ber of persons who so voted, or whose votes were re- 
jected, and the precinct or ward where they voted, 
or offered to vote, shall be set forth in the statement 
of contestor, and shall likewise be set forth in the 
answer of contestee, if any such cause is alleged in his 
answer by the way of counter-statement. 

Sec. 94. When the answer of contestee contains 
new matter constituting a counter-statement, the con- 
testor shall, within ten days after the filing of such 
answer, reply to the same, admitting or specifically 
denying, under oath, each allegation contained in 
such counter-statement, intended by him to be contro- 
verted on the trial, and file the same in the office of 
said clerk. 

Bee. 95. Immediately after the joining of issue 
as aforesaid, the county judge shall fi* a day for the 
trial to commence, not more than twenty nor less than 
ten days after the joining of issue as aforesaid, and 
such trial shall take precedence of all other business 
in said court. The testimony may be oral, or by de- 
positions, taken before any officer authorized to take 
depositions. Any depositions taken, to be used upon 
the trial of such contest, mav be taken upon four days' 



APPENDIX. 109 

notice thereof. The county judge trying such cause 
shall cause the testimony to be taken in full and filed 
in said cause. The trial of such causes shall be con- 
ducted according to the rules and practices of the 
county court in other cases. An appeal from the 
judgment and final determination in any cause may 
be taken to the supreme court the same as in other 
causes tried in said court; Provided, That such appeal 
be prayed for, bill of exceptions settled, bond for costs 
executed and filed, and the record transmitted to the 
clerk of the supreme court within twenty days from 
the date of entering such judgment. The supreme 
court shall advance such cause to the head of the 
calendar, and hear and determine the same with all 
r ea s 11 a bl e d i sp ;i teh. 

Sec. 96. The style and form of process, the offi- 
cers by whom served, and the manner of service of 
process and papers, and the fees of officers, shall be 
the same as in the county court. It shall be lawful 
to require any person called as a witness, who voted at 
such election, to answer touching his qualifications as 
a voter, and if he was not a qualified voter in the pre- 
cinct or ward in which he voted, and the witness 
answers such questions as may be propounded to him 
upon the trial of such contest, no part of his testi- 
mony shall be used against him in any criminal ac- 
tion, except for perjury in giving such testimony. 

Sec. 97. If, upon the trial of any contested elec- 
tion for any officer mentioned in this act, it be proven 
that a vote or votes that were illegal were cast in any 
precinct or ward, or if the statement or counter- 
statement sets forth an error in canvass, as herein- 
before set forth in the fourth cause of contest, the 
general assembly, or either branch thereof, or the 



HO APPENDIX. 

trial judge provided in this act (as the case may be) 
shall have power, if such illegal vote or voles or error 
in canvass, be sufficient to change the result to send 
to the precinct or ward where such illegal voting or 
error in canvass was done, and obtain of their cus- 
todians the poll books and ballot-box used at such 
election, and when so obtained shall have the power 
to take out of the ballot-box the poll books and ballots 
bearing the number corresponding to the number 
opposite the name on the poll book of the persons who 
have thus been proven; to have voted illegally. The bal- 
lot or ballots so taken from the ballot-box shall ex- 
amined, and if it be found that any and all of them 
bear the name of either of the parties, they shall, or 
so many of them as do bear the name of such party, 
be deducted from his vote, and the determination 
shall be in accordance with the result after such de- 
duction shall have been made. In all cases where 
there has been an error in the canvass of the vote, 
there shall be a re-count of the ballots in such ballot- 
box, and the determination shall be in accordance 
with such re-count. 

Sec. 98. The court shall pronounce judgment 
whether the contestee or any other person was duly 
elected, and the person so declared elected will be en- 
titled to the office upon qualification, If the judg- 
ment be against the contestee, and he has received his 
certificate, the judgment annuls it. If the court finds 
that no person was duly elected, the judgment shall 
be that the election shall be set aside. 

Sec. 99. Judgment of costs, and execution there- 
on, shall be issued in the same manner and like effect 
as in any case pending or determined in the county 
court. The county judge shall have the same author- 



APPENDIX. Ill 

ity to enforce any order made at such a trial, and 
final judgment therein, as in other cases tried in the 
same court. 

Sec. 100. Contested election of town and pre- 
cinct officers shall be tried before the county court, 
as hereinbefore provided for the trial contest of 
county officers, so far as the same is practicable; but 
the judgment rendered in such cause shall be final, 
and no appeal to the supreme court therefrom shall 
lie. 

Sec. 101. The judges of elections in the several 
wards and election precincts shall meet on Tuesday, 
three weeks before the day upon which any general 
election shall by law be appointed be held, at nine 
o'clock a. m. of said day, and proceed to make a regis- 
try list, as hereinafter prescribed, of the names of all 
persons qualified and entitled to vote at the ensuing 
election in the ward or precinct in which they are 
judges, which list, when completed and revised as 
hereinafter provided, shall constitute the registry 
of electors of said precinct. Whenever at the last 
election in any precinct, prior to the meeting of such 
board of registry, the number of votes cast in such 
precinct shall have exceeded three hundred, the said 
board may continue in session for the purpose of 
making such registry, five days if necessary; when 
the number of votes cast in such precinct shall have 
exceeded one hundred, the said board may continue 
in session, for the purpose of making such registry, 
three days if necessary; otherwise but one day. 

Sec. 102. The list so made shall contain the 
names of the qualified electors of the ward or voting 
precinct in which the same is made, alphabetically 
arranged, according to surnames, so as to show in 



112 APPENDIX. 

one column the names of each elector a1 full length, 
and in another the place of his residence, designated 
by the number or name of street, the number of house, 
[f known, or the section or other subdivision thereof, 
according to United States surveys, on which such 
elector shall reside, if he resides on surveyed lands, 
and if not, such description as will best locate his 
residence. Said board shall enter on said list the 
names of all legally qualified electors in such ward 
or precinct, or of those who will become such by lapse 
of time, on or before the next ensuing day of such 
general election, as aforesaid, in all cases in which 
such entry can be made consistent withj the provis- 
ions hereinafter contained. For the convenience of 
the said board they are authorized to take from the 
office of the county clerk the poll list of such ward or 
precinct, filed by the judges of the last preceding elec- 
tion in such precinct. Said board shall make four 
copies of such registry list when revised and com- 
pleted, which list they shall certify to be correct, and 
forward one copy to the office of the county clerk, and 
retain two copies for use on election day; and one 
copy they shall, within two days from the completion 
thereof, post in some conspicuous place where the 
last election was held in such precinct, and so as to 
be accessible and convenient to any elector who may 
desire to inspect the same. The board of county 
commissioners may cause to be printed and published 
any such registry list when completed, at an expense 
not exceeding two cents per name thereon. 

Sec. 103. Every board of registry shall meet on 
the Tuesday of the week preceding any and every 
general election, at the place designated for holding 
such election, for the purpose of revising, correcting 



APPENDIX. 113 

and completing such registry list, and in all cases 
they shall meet at nine o'clock a. m. and remain in 
session until six o'clock of said day. Said boards of 
registry shall meet at the place designated for hold- 
ing such election, on the day preceding the election, 
at nine o'clock a. m., and remain in session until six 
o'clock p. m. of the same day, at which time any elector 
whose name is not on the revised registry list may 
have his name placed thereon; Provided, He shall 
take and subscribe to the oath prescribed in section 
forty of this act, and shall prove by the oath of two 
registered electors of the precinct (or ward) that such 
person has been a resident of the precinct ten days, of 
the county thirty [ninety] days, and of the State six 
months next preceding the day of election, and that 
they verily believe him to be a qualified elector. Said 
oaths shall be taken and subscribed to in the presence 
of the board of registry, either of whom may adminis- 
ter the oath; and said oaths shall be preserved and 
filed in the office of the county clerk, together with 
the poll lists of said election. The name of such per- 
son and his residence, as given by him, shall be en- 
tered upon the registry list, and opposite the name of 
such person shall be marked the word "affidavit" and 
the names of the witnesses. 

Sec. 104. Xo vote shall be received at any elec- 
tion unless the name of the person offering to vote 
shall be found on the said certified registry list. 

Sec. 105. In cases of vacancy in the office of 
judge of election, or in the board of registry, at any 
time when they meet according to law, the vacancy 
m ay be filled by the election, by the qualified electors 
then present, of a qualified elector to serve as a mem- 
ber of such board of registry until the appearance of 



114 APPENDIX. 

a judge of election duly appointed in and for such 

ward or precinct. 

Sec. lor>. Every judge of elections or other per- 
son serving on such board of registry, shall, before 
entering upon the duties of his office, take an oath, to 
be administered by any justice of the peace or other 
officer present having power to administer oaths, 
faithfully to discharge the duties of registrar accord- 
ing to law and to i he best of his skill and ability. If 
no such officer shall be present the oath may be ad- 
ministered by one judge or registrar to another. 

Sec. 107. The members of said board of registry 
shall receive the same compensation as allowed by 
law to judges of elections, for every day actually em- 
ployed in the making and completing of the registry. 

Sec. 108. It shall be the duty of the secretary 
of state to make out a complete form of a registry 
book, alphabetically arranged, with the oath of the 
registrar in blank, and the requisite blank columns 
properly headed, and have the same printed, and to 
send copies thereof to the county clerk of each county 
in the State, together with a sufficient number of 
copies of the registry and election laws bound in 
pamphlet form. 

Sec. 109. It shall be the duty of the county clerk 
of each county to furnish annually for the use of the 
board of registry in each precinct or ward in his 
county, four printed copies of said blank registries, 
and send them by mail or other safe conveyance to 
the judges of election in such wards or precincts at 
least twenty (20) days prior to the day of the first 
meeting of the board of registry as herein provided. 

Sec. 110. The persons appointed judges of elec- 
tion in every incorporated town or city, hereafter, 



APPENDIX. 115 

shall meet on Tuesday of the week preceding 
municipal election in the town or city in which they 
are such judges, in the several precincts, at the place 
of holding municipal elections therein, for the pur- 
of revising, correcting and completing the an- 
nual registry in this act required to be made, and 
for that purpose they are authorized to take from 
the office of the county clerk the last annual registry 
of the electors of the wards or precincts, including the 
town or city in which they are appointed judges. 

Bee 111. The last mentioned registrars shall, 
in all respects, proceed in the revising and correcting 
of their respective wards or precincts, as is hereinbe- 
fore provided for in the revision and correction of the 
annual registries, except that the registry list, as so 
revised and corrected by such city or town regis- 
trars, shall be tiled with the city or town clerk of the 
proper city or town. 

Sec. 112. All registries taken from the county 
clerk's office under the provisions of the last section 
shall be returned to the county clerk within ten (10) 
days after the day of registry for which they may be 
taken out of the same. 

Sec. 113. The same proceedings shall be had in 
all cases of special elections as are herein provided 
for general elections, so far as the same may be ap- 
plicable. 

Sec. 114. All judges of election shall on being 
appointed hold their office for one (1) year, or until 
their successors are appointed, and shall serve at all 
special elections during their terms of office, and they 
shall severally, before entering upon their duties as 
judges at any election, take and subscribe the oath 
prescribed by law in such cases. 



n6 



APPENDIX. 



Sec. 115. In case any new election precinct shall 
be formed, the county commissioners shall immedi- 
ately appoint judges of election therein; and in case 
of the division of any voting precinct, the names of 
all voters residing in that part of any precinct 
stricken off shall be stricken from the registry list in 
the voting precinct from which snch part shall have 
been stricken, and shall be inserted in the registry 
lists of the precinct to which such part may have been 
attached, at the first registration of voters' names in 
each snch precinct respectively. 

Sec. 116. That hereafter, the judges of election, 
when acting as a board of registry in cases provided 
by law, shall not, in any case, allow the name of any 
person, to be placed on the list of registered voters, 
called the registry of elections, in any ward or voting 
precinct in the State, unless in the following cases: 

First — When the person whose name is to be 
registered, and also the facts of his legal qualifica- 
tions as a voter in the ward, township or precinct in 
which such registry is made, shall be known to one 
or more of the persons acting as such board of regis- 
try, and the judge or person so acting on such board 
of registry, to whom such voter and his legal quali- 
fications are known, shall sign his name on the regis- 
try roll or list opposite the name of sucli voter, and 
the judge or person acting as a member of such board 
of registry so signing his name opposite the name 
of such voter, shall be deemed and held to have 
vouched, under oath, that such person so registered 
is a legal voter within the ward, township or precinct 
in which such registry is made; and such judge or 
person acting on such board of registry who shall 
sign his own name as aforesaid, shall be subject to 



APPENDIX. 117 

the same liability, in all respects, as a person making 
affidavit under the provisions of the next following 
subdivision of this section. But any person claiming 
the right to be registered as a legal voter in any ward, 
township or precinct, shall be so registered by the 
board of registry, at any session of said board, ex- 
cepting the last session, held the clay preceding the 
ensuing election; Provided, Such person shall make 
personal application to be so registered, and take and 
subscribe before said board of registry, the following 
oath: 

• I do solemnly swear (or affirm) that I am a citi- 
zen of the United States (or have declared my inten- 
tion of becoming such, at least four months previous 
to this election), of the age of twenty-one years; that 
I shall have been a resident, at the date of this elec- 
tion, of the State for six months and have not re- 
tained a home or domicile elsewhere; of this county 
for ninety days and of this precinct (or ward, as the 
case may be) ten days. 

Second — When a legal voter, being registered 
in such ward, township or precinct, and known as 
such by one or more of such judges or persons acting 
on such board of registry, or proven to be such by 
affidavit of some known legal voter registered in such 
ward, township or precinct in similar form to that 
herein following, shall make affidavit in substance as 
follows : 

I, , do solemnly swear in the 

presence of the ever living God, that I am a resident 

and legal voter in ward (precinct), in 

the county of , State of Colorado, and 

that I well know , who aims to be regis- 
tered as a legal voter in said ward (pre- 



Il8 APPENDIX. 

cinct), and iliat J know he has resided in the State 

of Colorado during six months, in county 

ninety days last past, and has resided in said ward 
during ben days last past, and still resides therein, 

and his place of residence is at No 

street, in said ward (precinct), and I 

believe him to be of lawful age. 

The blanks therein filled with the proper names, 
dates, places and numbers as the case may require, 
and such affidavit, shall show that the person so offer- 
ing to vote, is or will be by the day of election next 
ensuing, in all respects a legal voter in such ward or 
precinct. 

Sec. 117. Every judge of election, or person act- 
ing as such or any board of registry, who shall will- 
fully set his name on the registry roll opposite the 
name of any voter registered on such list, knowing 
him to be not legally entitled to be registered upon 
such list, shall be deemed guilt}' of a misdemeanor, 
and upon conviction thereof shall be punished by fine 
of not less than three hundred ($300) dollars nor more 
than one thousand ($1,000) dollars; or be imprisoned 
not less than thirty (30) days nor more than ninety 
(90) days, or may be punished by both such line and 
imprisonment. 

Sec. 118. If any person shall make an affidavit, 
as provided in section one hundred ami twenty-six 
[121] of this act, for the purpose of causing the name 
of any person to be registered in any ward or pre- 
cinct of this State, and shall in such affidavit state 
falsely the name of such person to be registered, or 
the fact of his having resided in such precinct or ward 
a sufficient length of time to entitle him to be regis- 
tered, or the place of his actual habitation or reei- 



APPENDIX. 119 

deuce, or the fact of his age or of his residence within 
a sufficient time to entitle him to be registered, the 
person so making a false affidavit shall be deemed 
guilty of a willful and corrupt perjury, and on con- 
viction shall be punished accordingly. 

Sec. 119. Every person who shall procure his 
own name, or the name of any other person, to be 
registered on the list of registered voters called the 
registry list, in any ward or voting precinct in this 
State, in which any election is or may be by law 
authorized to be held, and in which ward or precinct 
such person shall not be at the time of such registry 
entitled to be registered in such ward or voting pre- 
cinct; or if any person shall procure or attempt to 
procure to be registered in any ward or voting pre- 
cinct any fictitious name as the name of any person 
entitled to be registered in such ward or precinct, 
every person so procuring or attempting to procure 
such registry of the name of any person not by law 
entitled to be registered, or any fictitious name in 
maimer aforesaid, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined 
not less than two hundred (200) dollars, nor more 
than five hundred (500) dollars, or be imprisoned not 
less than ten (10) nor more than forty (10) days for 
each and every offense, or may be punished by both 
such fine and imprisonment. 

Sec. 120. The registry of voters' names shall 
be completed on the evening next preceding each and 
every election appointed by law to be held in each 
and every precinct, and no name shall be added to the 
registry list in any ward or precinct after the close of 
the registration on the day preceding such election; 
and in case any judge of election or person acting as 



120 APPENDIX. 

member of any board of registry shall willfully and 
knowingly add any name or names of any person, or 
any fictitious or false name to the list of registered 
voters in any ward or voting precinct after the close 
of the registry of voters' names, on the day next pre- 
ceding any election in such ward or voting precinct 
according to law, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be punished 
by a fine of not less than two hundred (200) dollars, 
nor more than five hundred (500) dollars, for each and 
every offense. 

Sec. 121. All fines or forfeitures collected under 
the provisions of this act shall be paid to the county 
treasurer of the county wherein the offense was com- 
mitted for the benefit of the school fund of such 
county. 

Sec. 122. That all acts and parts of acts enacted 
by any territorial legislature relating to elections be 
and the same are hereby repealed. 

Sec. 123. That whenever an election shall be 
ordered by the board of county commissioners of any 
county to ascertain the sense of the legal voters of 
such county upon the question of removal or location 
of the county-seat of such county, it shall be the duty 
of such board of county commisssioners to appoint 
special judges and registers of such elections, and to 
provide a special ballot-box in each voting precinct, 
in which shall be deposited all the ballots cast at such 
election in such precinct on the question of location 
or removal of the county-seat. 

Sec. 124. It shall be the duty of the judges and 
registers so appointed to make a special registration 
of the voters of each precinct who have resided in the 
county at least six months, and in such precinct at 



APPENDIX. 121 

least ninety days prior to the day designated for hold- 
ing such election, which day shall be the day desig- 
nated by law for holding a general election, and no 
other. 

Sec. 125. The election shall be held at the same 
places at which the general election is ordered to be 
held, but the vote for or against removal or location 
of the county-seat shall be by a special ballot, sep- 
arate and distinct from the general ticket voted at 
said election, which ballot shall be! deposited in the 
special ballot-box provided for in section 1 [134] 
of this act, and no vote shall be counted for or against 
said removal or location, which is not deposited in 
such special ballot-box as herein provided. 

Sec. 126. No county-seat shall be removed until 
the expiration of thirty days after the canvass of the 
votes had by the county canvassers upon the question 
of location or removal, nor until the board of county 
commissioners of such county shall have made and 
entered of record on. their journal an order directing 
such removal, which order the said board shall make 
within thirty (30) days after the county canvass is 
completed, unless enjoined or restrained from so do- 
ing by an order of the district court of said county, 
or the judge thereof, or by the supreme court. 

Sec. 127. All laws now in force relating to elec- 
tions shall apply to elections held upon the question 
of removal or location of county-seats:, except that 
the question of location of such county-seat shall be 
contested in the district court of said county in the 
first instance, but may be removed to the! district 
court of any other county under the provisions of the 
code relating to change of the place of trial, and shall 
be also subject to appeal or writ of error to the su- 



122 APPENDIX. 

preme court; Provided, That not less than two-thirds 
of all the legal votes cast shall be necessary to effecl 

the removal of the county-scat of any county in this 
State. 

Sec. 128. All laws governing contests of elec- 
tions shall be held applicable to contests of county- 
seat elections, except that tin* board of county com- 
missioners of the county shall in all cases be the con- 
tested, and that the contest shall be conducted in the 
district court of the proper county. Such district 
court, or the judge thereof in vacation, may appoint 
a referee to take testimony in relation to the grounds 
of contest alleged by the contestor, which referee may 
sit to take evidence in any precinct of his county. 



APPENDIX. 



123 



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H39 



439 



OFFICIAL BALLOT FOR ELECTION, NOVEMBER 7, 
1894, IN PRECINCT 3, DISTRICT B, ARAPA- 
HOE COUNTY, COLORADO. 



SAMPLE BALLOT. 

Provided by Act Approved February 27, 1894. 



To Vote a Straight Party Ticket place a Cross 1X1 with Ink in the Square Opposite Your Party Emblem. 



Republican Ticket. 




x 



Democratic Ticket. 



People's Party Ticket. 




Prohibition Ticket. 




a Straight Ticket above Place a Cross I 



Opposite Each Name 



For Representative in L.V. Con 


gress, First Congres- 


,-::;„ 




For Auditor of State. (Vote for On.*) 


,,r.'.,.,:„, 




For State Senators, First District. (Vole for Three. 1 n.i.^.ia^D 






H. C. P.olsiu B er. 


Prohibition. 










Charles Hartal. 


Repablican. 










Finak C. Carney. 


People's Party, 




J. Gratz Brown. 


Repablican 






Lafe Penee. 


People'. Party. 






William R Kennedy 


Democrat. 




Wilbur F Cannon. 


Republic!!!. 






Isaac Stevens. 


Prohibition. 




Harry Tarbcll 


Republican 




Archie risk. 


Prohibition. 






Jon. o, Taylor. 


Democrat. 
































For Attorney General. (Vote for One. ) 




Mary Lease. 


Prohibition. 






For Governor. (Vote for One.) 




Eugene En B ley. 


People's Party. 




D. O. Mills. 


People's Party. 






Artemns Walters. 


Democrat 






Joseph C. Helm. 


Repablican, 




John C. Horn. 


Prohibition. 














John Hipp. 


Prohibition. 




B.Clark Wheeler. 


Republican 




Robert Tomer, 


People's Party 






Joseph H.M.upia. 


Democrat. 




Richard Wootton, Jr 


Democrat. 




Tom Deaell. 


Prohibition 




















Wm J Thomas 


People's Party. 












For Superintendent Public Instruction. ( Vote for One. ) 




















For Lieutenant-Governor. (Vote for One. ) 




Nathan B. Coy. 


Democrat. 






For County Judge. (Vote for One.) 










A. B. Hyde. 


Prohibition. 






James M. Dowu.n,;. 


Republican. 


Emmet A, Bromley, 


People's Party. 






J ,. Murray 


People's Party. 






William M. McMeehen. 


Democrat. 




even E. LePevre. 


Republican. 






I.«-«. 


Prohibition. 




Charles B. Tliuberlufce. 


Republican. 




Peter Smith, 


Democrat. 












Barry. B. Sims. 


Prohibition. 






David H. Nichols. 


People', Part,. 






For Regents of the University. (Vote for Two. ) 


















For County Commissioner, First District. (Vote for One.) 






W E Anderson 


People's Party 










CI 


Democrat 




Martin Currigan. 


Democrat 




Robert Bonynae. 


Republican. 




Hear, V Johnson 


Democrat 




R. J. Rutherford. 


People's Party. 






Nelson O. McC.es. 


Peep,.'. Party. 




Warren B. Knapp. 


Republican. 




















C. P. Nolaud. 


Democrat. 




David M. Richards. 


People's Party. 












Phidelal, A. Rice. 


Prohibition. 




E. J. Temple. 


Republican. 






Thomas M. Goodrich. 


People's Parly. 




















James A. Kilton. 


Republican. 






For State Treasurer. (Vote for One.) 










John A. Talbot. 


Democrat. 






William B. Hamilton. 


Democrat. 




For Judge of Supreme Court. (Vote for One.) 












Harry B. Mului*. 


Republican. 




Ceo, w Allen 


Republican. 




For Constable, Tenth Precinct. (Vote for One.) 






Gas R.b 


Prohibits.. 






Democrat. 




















Philip L. Snowden. 


People's Party. 




Amos Steele 


People's Party. 




Michael S O'Rourke 


People's Partv. 






























/ 2 fori'.