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1963

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NEW HAMPSHIRE

'RIM ARY AND ELECTION

LAWS

PUBLISHED BY

EDWIN C. BEAN

SECRETARY OF STATE

1922

4798

NEW HAMPSHIRE

PRIMARY AND ELECTION

LAWS

PUBLISHED BY

EDWIN C. BEAN

SECRETARY OF STATE
1922

Printed by %

LEW A. CUMMINGS CO.,
MANCHESTER, N. H.

Bound by

CRAGG BINDERY
CONCORD, N. H.

Rights and Qualifications of \ otei s

Constitutional Bill of Rights, Article XI. • All elections
ought to be free; and every inhabitant of the state, having
the proper qualifications, has equal right to elect and be
elected into office; but no person shall have the right
to vote, or be eligible to office under the constitution
of this state, who shall not be able to read the consti-
tution in the English language, and to write; provided,
Jiowever, that this provision shall not apply to any per-
son prevented by a physical disability from complying with
its requisitions, . . . and provided, further, that no person
shall have the right to vote, or be eligible to office under the
constitution of this state who shall have been convicted of
treason, bribery, or any willful violation of the election laws
of this state or of the United States; but the Supreme Court
may, on notice to the Attorney-General restore the privileges
of an elector to any person who may have forfeited them by
conviction of such offenses.

P. S., CHAP. 31, SECTION 1. Every male tinhabitant of
each town, being a native or naturalized citizen* of the

f'Male" provision superceded by woman suffrage amendment
to U. S. constitution.

WHO ARE CITIZENS?

*Persons born outside of the United States, whose fath-
ers were at the time of their birth citizens of the United
States, are themselves citizens; but citizenship does not
descend to children whose father never resided in the United
States.

A woman, who marries a citizen and who might herself
be lawfully naturalized shall be deemed a citizen; and it
is immaterial that she never came to the United States until
after the death of her husband. His becoming a citizen
makes her a citizen if she is capable of being naturalized, that
is if she is a free white woman. But if the husband's
citizenship or naturalization is not complete before his death,
he having declared his intention only, his widow and minor
children may become citizens by taking the oath prescribed
by law. And an alien becoming a citizen by marrying a citi-
zen, becomes an alien again if upon his death she marry an
alien, her status still following that of her husband.

M147325

United States, of the z.gb of twenty-one years and upward,
excepting paupers and persons excused from paying taxes at
their own request, shall have a right, at any meeting, to vote
in the town in which he dwells and has his home.

SECT. 2. No person shall be considered a pauper with-
in the meaning of the preceding section unless he has
been assisted as such within ninety days prior to the meet-
ing in which he claims the right to vote.

SECT. 3. No soldier or sailor who served in the late
Rebellion and has been honorably discharged shall be deprived
of his right to vote by reason of having received assistance
from any town or county.

SECT. 4. No person shall be deprived of his right to vote
by reason of having been excused from paying taxes in any
town at his own request, if he shall, before he offers to
vote, tender payment of all taxes assessed against him during
the year prior to his offer to vote, to the moderator, to the
collector of taxes, or to one of the selectmen, and, at the
time he offers to vote, present evidence of such tender.

SECT. 5. No person shall be deprived of his right to vote by
reason of having received assistance from any town or county,
for himself or family, within ninety days, if he shall tender
payment as aforesaid of all reasonable expenses which euch
town or county has incurred for such assistance within said
time, but, upon making such tender, shall have his name
placed upon the check-list, and his vote shall be received.

SECT. 6. Any money received under ths provisions of the
two preceding sections shall be paid to the town or county
entitled thereto by the person .receiving the same.

SECT. 7. No alien not naturalized shall be entitled to vote
at any town meeting.

If a father is naturalized, his minor children become citi-
zens if they are dwelling within the United States at the
time of his naturalization ; and so of the minor children of a
widow who is naturalized.

Superior courts are courts of naturalization in New Hamp-
shire.

RESIDENCE DEFINED.

SECT. 8. No person shall be considered as dwelling or
having his home in any town, for the purpose of voting ocr
being voted for at any meeting unless he shall have resided
within such town six months next preceding the day of
meeting; provided, however, that any legal voter moving from
one ward to another ward in the same city, or from one city
or town to another city or town, within six months next prior
to any election, shall not be deprived of the right of voting
at such election, in the ward, city, or town from which ha
removed, if prior to such removal he shall file a declaration
in writing with the clerk of the city or town from which he
is to remove, that he intends to vote at such election in the
ward and city or town from which he removed.

SECT. 9. A residence acquired by any person in any town
shall not be interrupted or lost by a temporary absence there-
from, with the intention of returning thereto as his home.

SECT. 10. Any person who shall exercise the privilege of
voting at an election in any town within this or any other
state shall be deemed by that act to have elected such town
to be his legal residence for the purpose of voting, and shall
thereafter be disqualified to vote in any other town until he
shall have gained a new residence as hereinbefore provided.

Supervisors and the Check-list

P. S., CHAP. 32, SECTION 1. A board of supervisors of the
check-list, consisting of three legal voters in each town,
shall be chosen at each biennial election ; but no person shall
be supervisor and selectman at the same time. No super-
visor shall act as moderator, clerk or ballot inspector.

SECT. 2. They shall be sworn before entering upon the
discharge of their duties.

SECT. 3. They shall hold office for two years and until
others are chosen and qualified in their stead.

SECT. 4. Vacancies in the board may be filled by the
remaining members; if not filled by them seasonably for the
performance of the duties of the office, or if the whole board

shall be vacant, the selectmen shall make the appointments.
In all cases appointments shall be made in writing and be
recorded, and the appointees shall hold office for the unex-
pired term.

MAKING UP CHECK-LIST.

SECT. 5. The board shall make and post, at two pr more of the
most public places in town, a complete alphabetical list of
all the legal voters in the town, fourteen days before the day
of any election at which such list is to be used.

Supervisors of the check-list shall prepare and post check-
lists for use at the annual town meetings in March, in the same
manner as they were required to do when moderators were
chosen at such annual town meetings; and all provisions of
the Public Statutes applicable to the preparation and posting
of check-lists for biennial elections shall apply to annual town
meetings.

SECT. 6. They shall be in session for the correction of the
check-list, at some suitable place in town, two days at least,
before the day of the election, one of which shall be the day
next preceding that of election and upon which all hearings
shall be closed. If the town has more than six hundred legal
voters, the first session shall be upon the Tuesday next preceding
the day of election, and shall be adjourned from day to day
until all claims have been heard and decided. Notice of the
day, hour, and place of each session shall be given upon the
posted check-lists.

NAMES TO GO ON CHECK-LIST.

SECT. 7. The supervisors shall hear all applications for a
correction of the check-list, and the evidence submitted thereon
and shall correct it according to their best knowledge, so that
it shall contain the names of those persons only who are
legal voters in the town. They may administer oaths to per-
sons who appear to testify before them. The qualifications of
an applicant shall be determined by the supervisors, who shall
examine him under oath relative thereto, and shall, unless he is
prevented by physical disability, or unless he had the right
to vote, or was sixty years of age or upwards, on the first

day of January in the year nineteen hundred and four, require
him to write and to read in such manner as to show that he
is not being assisted in so doing and is not reciting from
memory. Supervisors shall be provided by the secretary of
state with a copy of the constitution of the state printed on
uniform pasteboard slips, each containing five lines of the
constitution, printed in double small pica type and suitable
writing books in which to write. The supervisors shall place
said slips in a box provided by the secretary of state, which
shall be so constructed as to conceal them from view. Each
applicant shall be required to draw one of said slips from
the box and read aloud the five lines printed thereon and to
write one line printed on said slip and sign his name thereto,
in full view and hearing of the supervisors. Each slip shall
be returned to the box immediately after the test is finished,
and the contents of the box shall be shaken up by a super-
visor before another drawing is made. No person failing to
read the constitution as printed on the slip thus drawn, and
to write as aforesaid, shall be registered as a voter. The
supervisors shall keep said slips in said box at all times. The
secretary of state shall upon request provide new sMps and
writing books to replace those used up, worn out, or lost.

SECT. 8. If the supervisors at any session holden for the
coreection of the check-list, on receiving satisfactory evidence
tha\t any person whose name is on the list is not a legal voter,
shall neglect or refuse to erase such name from the list, or
shall neglect or refuse to insert on the list the name of any
person who is a legal voter, having satisfactory evidence
thereof, or shall neglect or refuse to hear or examine any
evidence offered for such purpose in either of the cases
aforesaid or shall at any time insert on the list the name of
any person not a legal voter, knowing such to be the case,
or shall knowingly erase therefrom or omit to insert the name
of any legal voter, he shall be fined not more than fifty dol-
lars for each offense.

SECT. 9. On the day of election, before opening the meet-
ing, they shall subscribe and make oath to the following
certificate on the back of the check-list, as corrected by them:
We, the supervisors of the check-list of the town (or ward) of

, do solemnly swear, that, according to our best

knowledge, the within list contains the names of those persons
only who are, by actual residence, legal voters in said town
(or ward). So help us, God.

They shall hie a true copy of the corrected list, attested by
them, with the town clerk. Any person who swears falsely
in making such certificate shall be guilty of perjury.

SECT. 10. The check-list, as corrected by the supervisors,
shall be open for the examination of every citizen at all
times before the opening of the meeting.

SECT. 11. The check-list shall be used in the election of
moderator and supervisors, except moderator pro tempore.

SECT. 12. All persons whose names are entered upon the
check-list as thus corrected shall be deemed to be legal voters
in the town; and no person whose name is not upon the
list shall be allowed to vote unless his name was left off by
mistake, and his right to vote was clearly known to the super-
visors before the check-list was originally posted.

SECT. 13. The supervisors shall be present at the opening
of each town-meeting at which a check-list is to be used, and
have with them the corrected check-list for that meeting, and
shall remain in attendance upon the meeting until its close.

PRESERVATION OF CHECK-LISTv.

SECT. 14. The check-list used at any town meeting shall be
preserved in the custody of the town clerk, for future ref-
erence. Supervisors of towns and corresponding officers of
cities shall, on or before January 1 succeeding each presidential
election hereafter, send to the New Hampshire Historical So-
ciety and to the State Library each a copy of the check-list
used in said presidential election duly and properly certified
by sueh supervisors.

Caucuses and Conventions

LAWS 1905, CHAP. 93, SECTION 1. All town and ward
caucauses shall, be called by a notice posted in five conspic-
uous places in the town or ward, one erf which places shall
be the postoffice, if there is one in said town or ward, and

published in some newspaper, if there be any, published in
the town or city, ten days or more before the day of the
caucus.

SECT. 2. Said notice shall specify the place and the day
and hour of meeting, and shall further state the time during
which the polls shall be open for the reception of ballots,
which at caucuses for the election of delegates to conventions
shall be fixed by the executive committee of the party in the
town or ward holding the caucus, but in no case shall the
time during which the polls shall be open be less than one
hour. At all other caucuses the time shall be, in towns and
wards having not more than two thousand inhabitants accord-
ing to the last preceding national census, not less than two
hours, and in towns and wards having more than two thousand
inhabitants according to such census, not less than three
hours.

SECT. 3. All nominations and elections at any caucus shall
be by ballot, and in balloting a check-list shall invariably be
used; a plurality shall in every case be sufficient to nominate
or elect.

PREPARATION OF CHECK-LIST.

SECT. 4. The check-list for use at any caucus shall be
prepared by the local executive committee of the party holding
said caucus. Notice of the times and places where the
executive committee will attend for the purpose of receiving
evidence and suggestions as to the make-up of the check-list,
shall be given in the same manner as notice of the caucus is
required to be given. No man shall be allowed to vote in the
caucus unless his name is on the said check-list. No name
shall be placed on the check-list after the hour for the opening
of the caucus has arrived except the name of a person whose
right to vote in the caucus is well known to the executive
committee.

PARTY COMMITTEES IN CHARGE.

SECT. 5. The local executive committee of the party holding
the caucus shall have full power to regulate the form, size,

and character of the ballots to be used, and also to regulate
the manner of conducting the caucus, in any way consistent
with the provisions of this act.

WHO MAY VOTE?

SECT. 6. No person shall vote in any caucus unless his
name is on the check-list used by said caucus, or upon the
name of any other person, and no person shall vote in the
caucus of more than one political party, or having voted in
the caucus of a political party sign the nomination papers of
any other political party.

SECT. 7. No person shall vote in any caucus unless he
intends to support the ticket of the party holding the caucus
at the next ensuing election. When the right of any person
to vote in a caucus is challenged he shall stand aside and sub-
scribe to the following oath or affirmation before his vote
shall be received :

I, , do solemnly swear (or affirm) that I am a legal

voter in , and that I intend to vote the ticket of

the party holding this caucus at the next ensuing election.

Any person who shall violate any of the provisions of this
act shall be punished by a fine not exceeding one hundred
dollars or by imprisonment not exceeding thirty days. Any
person who shall swear falsely in regard to the provisions of
this act shall be guilty of perjury and punished accordingly.

PRESERVATION OF CHECK-LIST.

SECT. 8. The presiding officer of every caucus shall, within
forty-eight hours after the close of said caucus, file with the
clerk of the city or town in which such caucus was held, the
check-list used in said caucus, and the said clerk shall keep
the same for the full period of two calendar months thereafter,
in his office, open to the inspection of every citizen of such
city or town, and shall not make nor permit to be made upon
such check-list any mark whatever.

NOMINATIONS TO BE CERTIFIED.

SECT. 9. In filing nominations with the secretary of state
the presiding officer of the caucus shall certify that the caucus

was called and conducted according to the provisions of this
act. If nominations are not accompanied by such certificate
they shall not be placed upon the official ballot.

CAUCUS LAW IN FORCE, WHERE?

SECT. 10. This act shall be in force in all cities of twelve
thousand inhabitants and towns of forty-five hundred inhabi-
tants, and in such other cities and towns of the state as shall
by majority vote of the voters at an annual or biennial meet-
ing adopt the same.

Direct Primary Law

LAWS 1909, CHAP. 153 (as amended), SECTION 1. The
words and phrases of this act shall, unless the same be incon-
sistent with the context, be construed as follows:

(1) The word "primary," the primary election provided
for by this act;

(2) The word "election," the general election held in
November, as distinguished from the primary election;

(3) The word "party," any political organization which at
the preceding election polled at least three per centum of the
entire vote of the state given in for governor;

(4) The word "supervisors," all officers performing the du-
ties of supervisors.

SECT. 2. This act shall not apply to special elections to

fill vacancies, nor to city, town, and school district elections

except as to elections of moderator and supervisors of the

check-list, and ward clerks in cities, who shall be elected at
each biennial election.

METHODS OF NOMINATION.

SECT. 3. Hereafter all candidates for elective offices shall
be nominated:

(1) By a primary held in accordance with this act, or

(2) By nomination papers signed and filed as provided by
existing statutes.

SECT. 4. (1) A primary shall be held at the regular polling
places in each town and ward in the state on the first Tuesday
of September, 1910, and biennially thereafter, for the nomin-

ation of all candidates to be voted for at the November elec-
tion, except presidential electors.

(2 At each such primary there shall be elected in each town
and ward, from the legal voters in such town or ward, as many
state delegates as such town or ward is entitled to elect repre-
sentatives to the general court at the election next following
such primary.

(3) Primaries shall be conducted by the regular election
officers, as elections are conducted under existing laws.

NOTICE OF PRIMARY.

SECT. 5. (1) At least sixty days before the time of holding
any primary the secretary of state shall prepare and transmit
to each town and ward clerk in the state a notice in writing
designating the offices for which candidates are to be chosen,
and delegates to the state convention are to be elected.

(2) Each town and ward clerk shall, within ten days after
the receipt of such notice, cause notice of such primary to be
posted in three public places in his town or ward; such notice
shall state the time when, and place where, the primary will
be held in each town and ward, together with the offices for
which candidates are to be nominated and delegates Jo be
elected. It shall also state the date before which declarations
of candidacy and primary petition must be filed to place names
upon the ballots to be used at such primary, the officers with
whom they must be filed, the number of primary petitions re-
quired to be filed, and the fees required to be paid at the
time of filing such papers.

DECLARATION OF CANDIDACY.

SECT. 6. (l) The name of no candidate shall be printed
upon an official ballot used at any primary unless not more
than sixty days prior to such primary a declaration of can-
didacy shall have been filed by such candidate and the filing
fee required by section 7 of this act shall have been paid, or
the number of primary petitions required by section 8 of this
act shall have been filed.

Declarations of candidacy shall be in the following form :

I. , declare that I reside in Ward , in the city

(or town) of - , county of , state of New

Hampshire, and am a qualified voter therein ; that I am a mem-
ber of the — — party; that I am a candidate for nomina-
tion for the office of - , (or for delegate to the etate

convention) to be made at the primary election to be held on
the — — day of - — ; and I hereby request that my

name be printed on the official primary ballot of eaid

party as a candidate for such nomination or election. I fur-
ther declare that if nominated as a candidate for said office
or if elected as such delegate I will not withdraw and that if
elected I will qualify and assume the duties of said office.

(2) Declarations of candidacy shall be filed as follows:

(a) For governor, or any other officer to be voted for
throughout the state, members of congress, councilors, etate
senators, and for county officers, with the secretary of state.

(b) For members of the house of representatives, moder-
ator, supervisors of the check-list, ward clerk, selectmen of
wards where such officers are elected at the biennial election,
and delegates to state conventions, with the clerk of the city
or town within which such officers are to be voted for.

(3) Each town or city clerk shall forward each declaration
of candidacy filed with him, within two days from the date
of filing, to the secretary of state. The fees paid to a town
or city clerk shall be paid to the treasurer of each town or
city.

CANDIDATES TO PAY FEES.

SECT. 7. At the time of filing declarations of candidacy each
candidate, or some person for him, shall pay to the officer
with whom the same are filed the following fees :

(1) For governor, one hundred dollars;

(2) For any state officer, other than governor, to be voted
for throughout the state, fifty dollars:

(3) For representative in congress, fifty dollars;

(4) For councilor, twenty-five dollars;

(5) For state senator, ten dollars;

(6) For county officers, five dollars;

(?) For member of the house of representatives, two dot*
lars;

(8) For supervisor of checklist, one dollar;

(9) For moderator, one dollar;

(10) For ward clerk, one dollar.

(11) For selectmen of wards where such selectmen are
elected at the biennial election, one dollar each.

NOMINATION BY PETITION.

SECT. 8. (1) The name of any person shall be printed
upon the primary ballot of any party, without the filing af the
declaration provided for in section 6, or in the payment of
the fee provided for in section 7, as a candidate for nomina-
tion by that party for any office indicated in the requisite
number of primary petitions, as hereinafter provided, made by
members of the party, in the following form and filed with
the secretary of state together with the written assent of such
person to the printing of his name on said ballot as requested
in said petition:

State of New Hampshire.

County of , ss.

City (Town) of

I do hereby join in a petition for the publication on

the primary ballot of the name of

whose residence is in the city (town) of

(ward, street and number, in a city) in the county

of for the

office of to be voted

for on Tuesday, the day of

September, 19 , and I certify that I am qualified to

vote for a candidate for said office, that I am a member

of the party, and am not, at

this time a signer of any other similar petition for any
other candidate for the above office; that my residence

is in the" city (town) of (ward,

street and number, if in a city), in the county of

and that my occupation is

I further certify that I believe

the above-named person i* especially qualified to fill said
office.

(Signed)

State of New Hampshire.

County of S3.

City (town) of , 19

The above-named

personally known to me, appeared and made oath that
the 'above petition, by him subscribed, is true.

Justice of the Peace or Notary Public.

(2) The number of primary petitions to be filed for each
office shall be as follows:

(a) For governor, two hundred.

(b) For representative in congresa, one hundred.

(d) For county officers, twenty.

(e) For state senator, fifteen.

(f) For member of the house of representatives, and all
other town officers, five, except in towns where less than fifty
voters are registered, when one-tenth of the number of
registered voters shall be sufficient.

(g) For delegate to the state convention, no primary peti-
tions shall be required.

(3) Each primary petition must be a separate paper, must
contain the name of only one signer, and must contain the
name of one candidate and no more.

(4) The oath of a voter upon such petition shall be con-
clusive evidence that he is a member of the party stated
therein, but no voter shall sign conflicting party petitions, nor
shall he sign more than one primary petition for the same
office, unless more than one nomination is to be made; in which
case he may sign as many primary petitions as there are nom-
inations to be made for the same office.

(5) In case a voter has signed two or more conflicting pri-
mary petitions, all such conflicting petitions shall be rejected.
The officer with whom primary petitions are filed shall imme-

% ^rx^ffed

diately, on their receipt proceed to examine the same, and
ascertain whether they conform to the provisions of this law.
If found not to conform thereto, or to be conflicting, he shall
then and there in writing on said petition state the reason why
such petition cannot be accepted, and shall within twenty-four
hours return the same to the candidate in whose behalf it was
filed. In such case, supplementary petitions may be filed,
but not later than 2ij days before the primary for those to be
with the secretary of state, and all others frt^day^

CLERKS TO FORWARD DECLARATIONS.

(6) Each clerk of a city or town shall forward each declara-
tion of candidacy filed with him to the secretary of state
within two days of the filing of the same, provided the requisite
fee shall have been deposited, or the requisite number of pri-
mary petitions shall have been filed therewith.

(7) Declarations of candidacy and primary petitions to be
filed with the secretary of state shall be filed not less than
?& days before the date of the primary, and all others '27~v

« ^"{ days, except as provided in paragraph (5) of this section. ^

(8) The secreatry of state, and clerks of cities and towns,
shall retain the primary petitions filed with them until the firit
day of January following the holding of the primary, when
they may be destroyed.

OFFICIAL PRIMARY BALLOT.

SECT. 9. At least ten days before any primary is to be
held, an official ballot for each political party shall be prepared
by the secretary of state, and shall be as nearly as is prac-
ticable in the same form as ballots now used at elections.
Below the name of each office shall be printed in small but
easily legible letters the words "vote for one" "vote for two,"
"vote for three," or a spelled number designating how many per-
sons are to be voted for. Whenever there are two or more candi-
dates for nomination to the same office who are to be voted
for in more than one town or ward, the names of such can-
didates shall be so alternated on the ballots used that each
shall appear thereon as nearly as may be an equal number of
times at the top, at the bottom, and in each intermediate

place, if any, of the list or group in which it belongs. Names
of rival candidates for nomination to the same office who are
to be voted for in only one town or ward shall be arranged in
the alphabetical order of their surnames. Following the names
printed on the ballot after the name of each office to be filled
shall be as many blank lines as there are persons to be elected
to that office. The ballots of all parties shall be upon colored
paper, but the ballots of no two parties shall be upon paper
of the same, or closely similar, color, and each party ballot
shall be so designated by the name of such party printed in
prominent type on the back of said ballot.

SECT. 10. (1) Not later than six days before a primary,
the secretary of state shall furnish to the clerk of each town
and ward ballots for each political party as follows : For each
fifty and fraction of fifty voters of each party as shown by the
vote for governor in the town or ward at the last preceding
election, he shall furnish seventy-five ballots of said party,
except that when any party has cast less than ten votes in a
town or ward, he shall only be obliged to furnish twenty-five
ballots.

(2) He shall in addition furnish each such clerk with ten
sample ballots of each political party, printed on white paper.

(3) Each clerk shall within one day from the time when
he shall receive such sample ballots post three of each political
party in three public places in his town or ward, and shall
retain the others until the date of the primary, when he shall
post the same in prominent position in and about the polling
place. .

(4) The secretary of state shall also, upon request, furnish
a reasonable number of sample ballots printed on white paper
to each person whose name appears upon the ballot as a
candidate.

CHECK-LIST AND PARTY ENROLLMENT.

SECT. 11. (1) The supervisors of the checklist shall pre-
pare and post the check-list of the legal voters in their respec-
tive towns and ward* and hold sessions for the correction of
the same, and give notice of such sessions before all primaries

held under this act in the same manner as they are required
to do before elections under existing laws.

(2) No person shall be entitled to vote at a primary unless
his name is upon the check-list of voters in the town or ward
wherein he offers to vote.

(3) Any person offering to vote at a primary shall at the
time of announcing his name also announce the name of the
party to which he belongs. If his name is found upon the
check-list, and if his party membership has not been before
registered, it shall then be registered, and he shall be allowed
to vote the ballot of his party, provided, however, that if he
is challenged, he shall not be allowed to register as a member
of such party, or to vote the ballot of said party unless he
makes oath or affirmation that he affiliates with and generally
supports the candidates of the party with which he offers to
vote. If his party membership has been before registered, he
shall be allowed to vote only the ballot of the party with
which he is registered, unless he desires to vote the ballot of
a party not having official existence at the time that his party
membership was previously registered.

(4) After the primary the town or ward clerk shall deliver
to the supervisors the check-list with the registration of the
party membership of voters thereon. Before delivery, however,
the moderator and clerk shall certify thereon, under their
hands, that the list is the one used at the primary, and con-
tains a correct registration of the voters as delivered into their
« hands or made by them at such primary. Such list shall be
preserved by the supervisors, and shall be used by them in
making up the check-list to be posted before the next pri-
mary, as provided in paragraph 6 of this section.

(5) Any person whose party membership has been registered
may change such registration by appearing in person before the
supervisors of the check-list for his town or ward not less than
ninety days before any primary, and stating to them, under
oath or affirmation, if required, that he intends to affiliate with
and generally supports the candidates of the party with which
he offers to register. He may also change such registra-
tion at any primary, upon making oath or affirmation to

the same effect, if challenged, but he shall not be permitted
in such case to vote the ballot of any party at such primary.

(6) After the first primary held under this act, the super-
visors of the check-list shall be in session for the alteration of
the registration of party members, and for making additions
to such registration before each primary. The session shall
be on two days at least and shall not be less than ninety nor
more than one hundred days prior to such primary. They
shall post copies of the check-list showing the persons in the
town or ward entitled to vote, with their party registration,
so far as such registration has been made, in three public
places in such town or ward, at least ten days prior to such
session, and notice of the date, hour, and place of the daily
sessions to revise such registration shall be given upon such
check-lists.

After such session, the supervisors of the check-list shall
prepare a corrected check-list, showing the registration of party
members as corrected by them, and such corrected check-list,
with such names as may be regularly added thereto, as provided
in sections 6 and 7 of chapter 32 of the Public Statutes, shall
be used at the primary. Whenever names are added to the
checklist, as provided in sections 6 and 7 of chapter 32 of the
Public Statutes, the supervisors shall register the party mem-
bership of the voter, if he desires such membership registered;
but if such voter has already been registered in any town
or ward in this state as a member of any party he shall not
be registered as a member of a different party within ninety
days before any primary.

(7) The party membership of each voter may be registered
by writing in ink after the name of such voter the first three
letters of the name of the party with which he registers.

RETURN OF VOTES CAST.

SECT. 12. (1) Votes cast for the same person on the
ballots of different parties at any primary shall not be added
together, but shall only count in favor of the person as the
candidate of each party on whose ballot his name appears.

(2) After the count is completed it shall be announced by
the moderator, and the clerk shall, in the presence of the

other election officers, fill into blanks, provided him for that
purpose by the secretary of state, complete returns of all the
votes cast for the different candidates of each party. These
blanks shall be prepared in duplicate, and shall be signed by
the clerk. One copy shall be preserved by the clerk and shall
be open to the inspection of any candidate, or of his agent
authorized in writing. The other copy shall be mailed on the
day of the primary, or on the day following, by the clerk to
the secretary of state.

SECT. 13. (1) The second day after the primary, or as
soon thereafter as possible, the secretary of state shall canvass
the returns from all the towns and wards in the state, and
upon the completion of such canvass shall declare what can-
didates have received the greatest number of votes for the
various offices in the various parties.

(2) After the completion of the canvass of returns, the
secretary of state shall publish in some paper of general cir-
culation the names of the persons found to have been chosen
as candidates for the various offices by the various parties, and
shall cause a copy of such paper to be mailed to each person
whose name appeared upon any party ballot.

SECT. 14. (1) Persons voted for, at a primary, under this
act, who receive a plurality of all the votes cast by a party,
shall be candidates of that party for the office designated in
the ballot, or the delegates of such party from their respective
towns and wards.

(2) In case of a tie vote, the tie shall be determined by
lot by the secretary of state in the presence of the candidates
who are tied, if, upon notice from the secretary of state, they
elect to be present.

(3) Vacancies upon any party ticket occurring after the
holding of any primary shall be filled by the party committee
of the state, county, town or ward, as the case may require,
and such committee shall notify the secretary of state of the
appointment made, and the names of persons so appointed shall
be placed upon the official election ballot.

RECOUNT OF VOTES.

SECT. 15. (1) it any person who was voted for upon the
ballot of any party is not, according to the count first made
by the secretary of state, chosen as the candidate of such
party, and desires a recount of the ballots cast in the pri-
mary, he shall apply in writing to the secretary of state for
such recount within ten days after the date of the advertise-
ment of the result of the primary, provided for in paragraph
2 of section 12 of this act.

(2) The secretary of state shall fix a time for such recount
not earlier than ten days after the receipt of the application, and
shall notify the opposing candidates thereof, and
as soon after the expiration of such ten days as circumstances
will permit, such recount shall be held and conducted as re-
counts of votes cast at elections are now conducted.

(3) Upon the date set for the recount, the ballots shall be
counted by the secretary of state and such assistants as he may
require. The various candidates, however, and their counsel,
shall have the right to inspect the ballots and participate in
such recount under such suitable rules as the secretary of
state may adopt.

(4) No candidate, however, shall be 'entitled to a recount
unless he shall pay to the secretary of state at the time of
filing his application fees as follows:

(a) If a candidate for governor, or other officer voted for
throughout the state, one hundred dollars;

(b) If a candidate for member of congress fifty dollars;

(d) If a candidate for a county office, ten dollars;

(e) If a candidate for state senator, ten dollars;

(f) If a candidate for member of the house of repre-
sentatives, five dollars ;

(g) If a candidate for supervisor of the check-list, five
dollars.

(h) If a candidate for moderator, five dollars;
(i) If a candidate for ward clerk, five dollars;
(j) If a candidate for selectmen where such selectmen are
elected at the biennial election, five dollars.

(5) If a recount shall show that some other person than
the one declared nominated upon the canvass of the- returns
from the clerks of towns and wards has the greatest number
of votes cast at the primary, such person shall be declared
nominated and shall be the candidate of the party for the
office in question instead of the person so first declared, and
his name shall be placed upon the official ballot at the fol-
lowing election.

(6) If the recount shall show that the person who applied
for the recount was chosen as the candidate of his party, the
secretary of state shall, within ten days of such recount,
return to him the fee paid at the time of filing the applica-
tion for a recount.

SECT. 16. Any town or city clerk, with whom any declara-
tion of candidacy has been filed, who shall fail to forward
the same to the secretary of state within two days of the date
of such filing shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more
than one hundred dollars, or by imprisonment not more than
thirty days, or by both fine and imprisonment.

SECT. 17. The provisions of the statutes now in force in
reference to the holding of elections, the payment of election
officers, the filling ol vacancies, the solicitations of voters
at the polls, the challenging of voters, the manner of conduct-
ing elections, of counting and preserving the ballots, and mak-
ing return thereof, and all other kindred subjects, ehall apply
to all primaries in so far as they are consistent with this act,
the intent of this act being to place the primary under the
regulation and protection of the laws now in force as to
elections.

SECT. 18. (1) It shall be the duty of the secretary of
state to prepare all forms necessary to carry out the intent
of this act and to furnish the same in reasonable quantities to
the proper officers. It shall also be his duty to furnish full
directions to the clerks of towns and wards, when he eends
them the notice provided for in section 5 of this act or when
he furnishes them ballots, as provided in section 9 of this act,
as to the posting of notices, holding of primaries, and making
return thereof.

(2) The secretary of state shall have authority to employ
such additional clerical assistance as may be required during
the canvass of votes, or in carrying out the provisions of this
act; and all expense necessary shall be paid out of the treas-
ury of the state.

SECT. 19. All sums paid to the secretary of state under the
terms of section 6 of this act and all sums paid to him under the
terms of paragraph 4 of section 14 shall be paid by him into
the state treasury.

STATE PARTY CONVENTIONS.

SECT. 20. (1) Not earlier than the third Tuesday of
September, following any primary, and not later than the first
Tuesday of October, upon the call of the chairman of the
state committee of the party, the nominees of each party for
the offices of governor, councilors, state senators, 'representa-
tives, and state delegates elected shall meet in state convention
for the purpose of adopting the platform of their party, nom-
inating presidential electors, and effecting an organization for
the following two years.

(2) The party nominees and state delegates in said state
convention from each county shall elect a county committee
for their party, to consist of such number of persons as the
state convention shall by vote apportion to each county. The
members of the several county committees thus chosen shall
constitute the state committee of the party. The registered
party members in eaeh town, ward or city may effect such an
organization as they may deem expedient for advancing the
purposes of their party.

(3) Upon application of the chairman of the state com-
mittee of any political party, the secretary of state shall
deliver to him a duly certified roll of the nominees of his
party for the several offices named in the first paragraph of
this section. None but such nominees and state delegates shall
take part in such state conventions.

HOW TO CONSTRUE PRIMARY LAW.

SECT. 21. This statute shall be liberally construed so that
the real will of the voters shall not be defeated, and so that

the voters of any town or ward shall not be deprived of their
right to nominate or participate in the nomination of can-
didates for office by any informality or failure to comply with
all the provisions of law in respect to giving notice of or
conducting the primary or certifying the results thereof.

Caucuses and Elections

LAWS 1897, CHAP. 78. (as amended), SECTION 1. The pro-
visions of this act shall apply to all elections held for the
choice of electors of president and vice-president of the United
States, representatives in congress and to the general court,
governor, councilors, senators, county officers, and all ward
and town officers chosen at biennial elections, and to any
other election of national or state officers.

The word "caucus" as employed in this act shall mean a
meeting of the legal voters of any political party assembled for
the purpose of choosing delegates or for the nomination of
candidates for office. The word "convention" shall mean an
assembly of delegates chosen at caucuses in accordance with
the usage of any political party.

POLITICAL PARTIES RECOGNIZED.

SECT. 2. Any caucus of legal voters representing a political
party which at the biennial election next preceding polled at
least three per centum of the entire vote of the state given in
for governor, may choose delegates to conventions and may
nominate candidates for representative to the general court and
candidates for such town and ward officers as are chosen at
biennial elections.

SECT. 3. The nomination of a candidate in an electoral dis-
trict containing more than one town or more than one ward
of a city may be made by a convention, except as otherwise
provided for the nomination of a candidate for mayor or other
city officer.

CERTIFICATES OF NOMINATION.

SECT. 4. Certificates of nominations made in accordance with
the provisions of sections 2 and 3 of this act, shall contain

the name and residence of each candidate, the office for which
he is nominated, and the political principles or party he rep-
resents, and shall be signed by the chairman and clerk of the
caucus or convention, and when practicable such certificates of
nomination shall be signed by each candidate, but the absence
of the signature of a candidate shall not invalidate a certificate
of nomination. Any caucus or convention wherein nominations
are made of candidates to be voted for by the voters of the
entire state shall be held, at least, thirty-five days prior to the
day of election; wherein nominations are made of candidates
to be voted for by the voters of cities and wards, at least,
twenty-one days prior to the day of election, and in all other
cases, at least twenty-eight days prior to the day of election.

NOMINATION BY PETITIONS.

SECT. 5. The nomination of a candidate may also be made by
petition. Such petitions shall be styled nomination papers.
Such nomination papers shall contain all the facts required in
certificates of nominations, and shall be signed by such persons
only as are qualified to vote at the election of the candidates
named in the petition, and no voter shall sign more than one
nomination paper for each officer to be voted for, and no
nomination paper shall contain the names of more candidates
than there are offices to be filled. Such nomination papers
•hall be submitted to a majority of the supervisors of the
check-list of the town or ward in which the signers reside,
and they shall certify what number of the signatures are the
names of legal voters in said town or ward.

It shall require the names of one thousand legal voters to
nominate by petition a candidate for governor or other can-
didate to be elected by the voters of the entire state, five
hundred to nominate a candidate for representative in congress,
two hundred and fifty to nominate a candidate for councilor,
senator, or county or city officer, and fifty to nominate a can-
didate elected by the voters of a town or ward of a city.

FILING NOMINATION PAPERS.

SECT. 6. Nomination papers shall be filed with the secretary
of state as follows: Thirty days prior to the day of election -

case of candidates to be voted for By the voters -of ihe entire
stater and twenty three — days — in — ease of all "Other nOTrflnaions.
The number of days herein given shall include Sundays, and
shall end on the day before election at six o'clock in the afternoon.
And where a nomination has been made as aforesaid or where a
candidate has duly filed according to law for a primary elec-
tion no withdrawal or declination of a candidate shall be ac-
cepted by the secretary of state subsequent to the last dates
for filing as hereinbefore stated. Provided, however, that in
case of the death of any candidate to be voted for at any
primary or general election, between the date of nomination
or filing and the day of election a new candidate may
be substituted under the authority of the proper com-
mittee as the law provides, whose name shall be printed upon
the ballots if they have not been printed, but if they have
been printed, and time will permit, the secretary of state may
cause adhesive slips or pasters with the name of the substi-
tute candidate thereon, to be printed, or authorize the same
to be done, and send or cause the same to be sent to the
various town or city clerks representing the territory wherein
the deceased candidate was to be voted for. Said town or
city clerks shall deliver said slips or pasters to the election
officers before the opening of the polls, who shall paste them
in the proper place on the ballot before it is handed to the
voter.

CITY NOMINATIONS.

SECT. 7. Candidates for mayor of a city and other can-
didates voted for by the voters of the entire city, may be nom-
inated by any party recognized by section 2 of this act, in a
general city caucus, or by a convention of delegates from the
several wards or by a caucus held by each ward. Candidates
for officers elected by the several wards may be nominated by
ward caucuses. Provided, however, that any party qualified
to hold conventions may in caucus or convention or by its
rcognized political committee, make regulations concerning the
manner of holding such caucuses and convention!.

CITIES AND TOWNS MAY ADOPT LAW.

SECT. 8. Cities holding their election on a day other than
the day of the biennial state elections, in the choice of city or
ward officers shall be governed by the provisions of this act,
so far as they are not inconsistent with the provisions of their
charters. Towns holding their elections on a day other than
the day of the biennial state elections, in the election of town
officers chosen by ballot, may adopt the provisions of this act,
so far as they are applicable to town elections. In such cases
the ballots shall be prepared by the city or town clerk, and
printed at the expense of such city or town, and the time for filing
certificates of nominations and nomination papers shall be at least
six days prior to the day of election. Towns having voted to adopt
such provisions may rescind the vote by which they were
adopted.

SECT. 9. Certificates of nomination made in accordance with
the provisions of sections 2, 3, and 4 of this act, and nomina-
tion papers made in accordance with the provisions of section
5 of this act, shall be regarded as valid and shall be received
by the secretary of state, unless objection thereto is made in
writing within three days succeeding six o'clock in the after-
noon of the last day for the filing of such nominations.

BALLOT LAW COMMISSION.

On or before the first day of September preceding a biennial
election, the governor, with the advice of the council, shall
appoint two persons from the two different political parties
casting the largest number of votes at the preceding biennial
election, who, with the attorney-general, shall constitute a board
of ballot-law commissioners. They shall meet at the office of
the secretary of state on the Tuesday next succeeding the last
day for filing nominations, and shall continue in session from
day to day until all questions submitted have been heard and
determined. They shall consider and decide all objections to
the nomination of a candidate and all questions arising in case
of nominations, and their decision shall be final. They shall
receive such compensation for their services as shall be ap-
proved by the governor and council.

DESCRIPTION OF BALLOT.

SECT. 10. Ballots for use in biennial elections and in all
other elections for national and state officers shall be prepared
by the secretary of state, and printed and delivered at the
expense of the state. Every ballot shall contain the name
and residence of each candidate who has been nominated in
accordance with law, and shall contain no other name except
party appelation and names of candidates for president and
vice-president of the United States. In case a nomination is
made by nomination papers, the words Nom. Papers shall be
added to the party appelation. The names of candidates nomi-
nated by any party or by petition shall be arranged upon the
ballot in perpendicular columns. The candidates of each party
shall be arranged in separate columns, and the candidates of
the party receiving the largest number of votes at the last
preceding general election shall be placed in the first column;
provided, however, that in case only a part of a full list of
candidates is nominated under a political designation, two or
more such lists may be arranged whenever practicable in the
same column. The order in which the officers to be voted for
shall be placed in the party columns aforesaid shall be aa
follows: Electors of president and vice-president of the United
States, governor, United States senator, representative in
congress, councilor, state senator, representative in the gen-
eral court, county officers, town or ward officers. Immediately
above the name of each candidate shall be printed the political
designation of the office for which he is nominated, as For
Governor, For Senator, and the like, and at the right of the
name of each candidate and on the same line there shall be a
square, except that in the case of electors of president and
vice-president of the United States one square shall suffice for
each group of electors. In the last or right-hand column of
each ballot there shall be no circle or device, but there shall
be printed in the regular order the political designation of
each office, as For Governor, For Senator, and the like, and
beneath each designation there shall be left as many blank
lines as there are persons to be elected to such office. Above
each column or list of candidates shall be printed in large,
plain letters the name of the political party by which the

candidates in such column or list were nominated. Above the
party dsignation shall be printed a circle not less than three-
fourths of an inch in diameter, and such circle shall be
surrounded by the following words printed in plain letters:
For a straight ticket make a cross (X) within this circle. In
case a voter desires to vote for a candidate whose name is
not printed under the circle in which he has marked, he shall
erase or cancel the name of the candidate in such column for
whom he refuses to vote, and may vote for the candidate of
his choice by marking a cross (X) in the square opposite the
name of such candidate, or by writing in the name of the
person for whom he desires to vote in the right-hand column
prepared for the purpose. In such case the vote so marked
in the square, or so inserted in the right-hand column, shall
be counted, and such ballot shall not be counted for the
candidate for the same office whose name is erased. Unless
cancelled or erased, all names in the party columns under the
circle marked by the voter shall be counted to the exclusion
of all others.* One mark in the square opposite the names
of candidates for electors of president and vice-president shall
be counted as a vote for each, provided, however, that a voter
may omit to mark in any circle and may vote for one or more
candidates by marking a cross (X) in the square opposite the
names, or he may insert the names of the candidates of his
choice in the blank or right-hand column, and such votes shall
be counted. Whenever the approval of a constitutional amend-
ment or other question is submitted to the vote of the people,
such question shall be printed upon the ballots after or
beneath the list of candidates. The ballots shall be so
printed as to give to each voter an opportunity to designate by
a cross mark (X) in a square his answer to the question
submitted. The ballots shall be printed on plain white paper,
in weight not less than that of ordinary printing paper, and
there shall be no impression or mark to distinguish one ballot
from another. The names of all candidates shall be printed
in uniform type, and the ballots for each town or ward shall
be so folded that their width and length when folded shall be

*This method of counting declared unconstitutional.

uniform. Upon the back of each ballot shall be printed the
words Official ballot for, followed by the name of the town or
ward for which the ballot is prepared, the date of the election,
and a facsimile of the signature of the officer who prepares the
ballot. Above each circle shall be placed an emblem or device
designating or distinguishing the political party assigned to
that column. The emblem or device shall be selected by the
secretary of state or other officer preparing the ballots, for each
political party represented upon the ballots, shall be different
for each of such parties, and may be the representation of a
star, an animal, an anchor, or any other appropriate symbol;
but neither the coat of arms or the seal of any state, or of the
United States, nor the national flag, nor any religious emblem
or symbol, nor the portrait of any person, nor the representa-
tion of a coin or of tne currency of the United States shall be
chosen as a distinguishing emblem.

SPECIMEN AND OFFICIAL BALLOTS.

SECT. 11. There shall be furnished each town and ward at
each election conducted under the provisions of this act, not
less than sixty ballots for each fifty and fraction of fifty
voters therein. The officer who prepares the ballots shall
cause to be printed for each town and ward fifteen ballots,
printed on tinted paper and without the fac-sim'le endorse-
ment, which shall be known as specimen ballots. These shall
be forwarded as soon as printed to the clerk of the town or
ward, who shall immediately post five copies in the most public
places in the town or ward. On the morning of the day of
election he shall cause ten copies to be posted outside of the
guard-rail in the room in which the election is held. The
officer who prepares the ballots shall also prepare full instruc-
tions for the guidance of voters at such elections, as to ob-
taining ballots, the manner of marking them, the method of
gaining assistance, and as to obtaining new ballots in place of
those accidentally spoiled, and shall cause the same to be
printed in clear type, on separate cards, to be called cards of
instructions; and he shall furnish a suitable number of the
•ame to each town and ward.

SECT. 12. The secretary of state shall send in a sealed
package the ballots printed by him to the several city and town
clerks, so as to be received by them twelve hours, at least,
prior to the day of election. The same shall be marked on
the outside, clearly designating the town or ward for which
they are intended and the number of ballots of each kind
inclosed ; and the city and town clerks shall, on delivery to them
of such package, return receipts therefor to the secretary. The
secretary shall keep a record of the time when and the manner in
which the several packages were forwarded.

SECT. 13. The several city and town clerks shall deliver to
the election officers, before the opening of the polls on the
day of any election held under this chapter, the sealed pack-
ages of ballots in their possession. At the opening of the polls
in each town or ward, the seal of the packages shall be pub-
licly broken by the ward or town clerk and the ballots
shall be delivered by him to the ballot clerks hereinafter pro-
vided for. The cards of instruction shall be immediately posted
at or in each marking shelf or compartment provided in ac-
cordance with the provisions of this chapter for the marking of
ballots, and not less than three such cards shall be immediately
posted in or about the polling room, outside the guard-rails.
If from any cause the official ballots have not- been received at
the polling place of any town or ward on the morning of
election and before the opening of the polls, or in case the
supply of ballots shall become exhausted during the process
of balloting and before the polls are closed, it shall be the
duty of the town or city clerk as the case may be, to cause
unofficial ballots to be prepared substantially as far as may
be in form of the official ballots, and upon receipt of such
unofficial ballots from him accompanied by a statement under
oath that the same have been so prepared, and that the
official ballots have so failed to be received or that the supply
of official ballots has become exhausted, the election officers
shall cause the unofficial ballot so substituted to be used in
lieu of the official ballots, in order that no voter shall be de-
prived of the right to vote for the lack of a ballot.

BALLOT INSPECTORS.

SECT. 14. The mayor and board of aldermen of each city,
and the selectmen of each town, at some time between the
first and tenth day of October preceding the biennial election,
shall appoint as additional election officers, to act with the
clerk, moderator, and the selectmen at each polling place, four
inspectors. Such officers shall be qualified voters at the said
polling place and shall be appointed from the two political
parties which cast the largest number of votes for governor
in the state at the biennial election next preceding their
appointment, and two of the inspectors shall be of a different
political faith from that of the clerk and the other inspectors.
The aforesaid- appointments shall be made from nominations
of caucuses of the two parties above named, holden by the
ward or town, provided such nominations were made on or
before the first day of October. If any appointment shall not
be made within the specified time, then, on the application of
six qualified voters, a justice of the supreme court shall ap-
point. Each of said officers shall be sworn to the faithful
performance of his duties, and shall hold office for two years
from the first day of November in the year in which he is
appointed, and until a successor is appointed, and qualified.

In case of any vacancy, or the absence of any of these
officers so appointed from any polling place at any election
held under this chapter, the selectmen shall appoint some
person qualified as aforesaid to fill said office, and the said
appointment shall be made from nominations of aforesaid
caucuses, or, in the absence of such nominations, then from
similar nominations of the ward or town executive committee
of the two parties above named, provided such nominations
are made.

Two of the inspectors, one from each of the two political
parties above named, shall be detailed by the moderator at the
opening of the polls to act as ballot clerks. They shall have
the charge of the ballots therein and shall furnish them to the
voters in the manner herein set forth. A duplicate check-list
of the qualified voters shall be prepared for the use of the
ballot clerk, and all the provisions of law relative to the
preparation, furnishing, and preservation of check-lists shall

apply to such duplicate list. The other two inspectors shall
be detailed by the moderator to assist the illiterate and physi-
cally disabled in the marking of their ballots, as provided in
section 19 of this act.

DESCRIPTION OF BOOTHS.

SECT. 15. The selectmen in the different towns and wards
shall provide suitable places in which to hold all elections
provided for in this act, and to see that the same are warmed,
lighted, and furnished with proper supplies and conveniences,
including a sufficient number of booths, shelves, and soft black
lead pencils, to enable the voter to prepare his ballot for
voting, and in which voters may prepare their ballots, screened
from all observation as to the manner in which they do BO. A
guard rail shall be so constructed and placed that only such
persons as are inside such rail can approach within six feet
of the ballot box and of such voting booths. The arrangements
shall be such that the voting booths can be reached only by
passing within said guard rail. They shall be in plain view
of the election officers, and both they and the ballot-boxes shall
be in plain view of those outside the guard rail. Each of said
booths shall have three sides inclosed, one side in front to
open and shut by a door swinging outward, or to be inclosed
with a curtain. Each side of said booths shall be not less
than six feet high, and the door or curtain shall extend to
within two feet of the floor, and said door or curtain shall be
closed while the voter is preparing his ballot, and each of said
booths shall be well lighted. Each booth shall be at least
three feet square, and shall contain a shelf at least fifteen
inches wide, at a convenient height for writing. No persons
other than the election officers and the voters admitted as
herein provided, shall be permitted within said rail, except
by authority of the election officers, and then only for the
purpose of keeping order and enforcing the law. The number
of such voting booths shall not be less than one to every
seventy-five voters, or fraction thereof, qualified to vote at
such polling place, and there shall not in any case be less
than two of these voting booths at any polling place. Cities and
towns shall provide suitable ballot-boxes, which shall be used

at all elections therein. At the opening of the polls, and
before any election under this chapter, the ballot-box shall be
publicly opened and shown to be empty, and the election
officers shall ascertain that fact by a personal examination of
the ballot-box.

POLLS— OPENING AND CLOSING.

In all elections by the voters in their wards the polls shall
be opejied at any time between the hours of six and nine
o'clock in the forenoon of the day of election, as city coun-
cils in said city shall determine, and shall be kept open until
three o'clock, and not later than six o'clock in the afternoon,
as the meeting shall direct; and but one balloting shall be had
during the day for each officer to be voted for; but this
section shall not apply to special elections called to fill vacan-
cies in any ward office.

At all biennial elections in towns the polls shall be opened
not later than ten o'clock in the forenoon and shall not be
closed earlier than three o'clock in the afternoon.

MANNER OF VOTING.

SECT. 16. Any person desiring to vote shall, before being
admitted within the guard-rail, give his name to one of the
ballot-clerks, who shall thereupon likewise announce the earne,
and if such name is found upon the check-list by said ballot
clerk, he shall put a check mark against it and again repeat
the said name. The voter, unless challenged, shall then be
allowed to enter the space inclosed by the guard-rail, as above
provided. If his vote is challenged, he must not enter until
he makes the affidavit now required by law. After he enters
the inclosed space, the ballot clerk shall give him one ballot
only. Besides the election officers, no more voters than the
number of marking shelves or compartments provided shall be
allowed in said inclosed space at one time; but this number
shall not include any voter who is engaged in the act of de-
positing his ballot in the ballot-box, as herein provided. If
any voter spoils a ballot, he may successively receive others,
one at a time, not exceeding three in all, upon returning each
•poiled one. The ballot* thus returned shall be immediately

marked "cancelled," by the ballot clerk, and, together with
those not distributed to the voters, shall be preserved.

SECT. 17. On receipt of his ballot, the voter shall forthwith,
and without leave the inclosed space, retire alone to one of
the voting shelves or compartments, and shall prepare his
ballot. Before leaving the voting shelf or compartment, the
voter shall fold his ballot without displaying the marks thereon,
in the same way it was folded when received by him, and he
shall keep the same so folded until he has voted. He shall
immediately give his name to the ward or town clerk, who
shall likewise repeat the same and place a check mark against
it on his check-list. The voter shall forthwith present his
ballot with the official endorsement uppermost to the moderator,
who shall then deposit the same in the ballot-box. He shall
mark and deposit his ballot without undue delay, and shall
quit said enclosed space so soon as he has voted. No voter
shall be allowed to occupy a voting shelf or compartment
already occupied by another, nor to remain within said enclosed
space more than ten minutes, nor to occupy a voting shelf or
compartment for more than five minutes, in case all of such
shelves or compartments are in use, and other voters are
waiting to occupy the same. No voter, not an election officer,
whose name has been checked on the list by the ballot clerks,
shall be allowed to re-enter said enclosed space during said
election unless another balloting is had. It shall be the duty
of the moderator to secure the observance of the provisions
of this section, and of other sections relative to the duties of
election officers.

DISAGREEMENT ON COUNT.

SECT. 18. If a voter votes for more names for any one
office than there are persons to be elected to such office, or if,
for any reason, a disagreement occurs among those present at
the counting of the ballots, as provided in this act, as to the
voter's choice for any office to be filled, and a majority of those
so present shall decide that it is impossible to determine the
voter's choice for that office, his ballot shall be regarded as
defective therein, and shall not be counted with referene to
that office.

"DEFECTIVE" BALLOTS.

No ballot without the official indorsement shall, except as
herein otherwise provided, be allowed to be deposited in the
ballot-box, and none but ballots provided in accordance with
the provisions of this act shall be counted. All ballots not
counted in whole or in part, on account of defects, shall be
marked "defective" on the back thereof by the moderator,
and shall be sealed with the other ballots cast and returned
to the city or town clerks.

COUNTING BALLOTS.

Immediately after the polls are closed the ballots shall be
examined and the votes for the several candidates and on the
questions submitted shall be counted by the moderator, in the
presence of the town clerk, the selectmen, and the other elec-
tion officers herein provided.

The counting shall be public, but within the guard-rail, and
shall not be adjourned nor postponed until it shall have been
completed, and the whole number of ballots cast for each
person and on each question submitted to the voters shall have
been publicly announced. While being counted no ballot shall
be placed, nearer than four feet of the guard-rail which forms
the inclosure in which the counting is done, during which
time only the aforesaid officers shall be allowed within eaid
inclosure.

The check-lists and all ballots cast shall be preserved,
according to existing laws for the preservation of ballots.

ASSISTANCE TO VOTER.

SECT. 19. Any voter who declares to the moderator, under
oath, that he cannot read, or that because of his blindness
or other physical disability he is unable to mark his ballot,
shall, upon his choice and request, receive the assistance of
one or both of the election officers detailed for that purpose
by the moderator; and such officer or officers shall certify on
the outside thereof that it was so marked with his or their
assistance, and shall thereafter give no information regarding
the same.

DISTINGUISHING MARK ON BALLOT.

SECT. 20. A voter who shall, except as herein otherwise
provided, allow his ballot to be seen by any person, with the
intention of letting it be known how he is about to vote, or
place a distinguishing mark upon his ballot, or shall write
any name as the candidate of his choice, with the intention of
placing thereby a distinguishing mark upon his ballot, or who
in voting shall use or attempt to use any ballot not given him
by the ballot clerk, in manner hereinbefore provided, or who
shall make a false oath as to his inability to mark his ballot,
or any person who shall interfere or attempt to interfere with
any voter when such voter ia inside the inclosed space, or who
shall endeavor to induce any voter, before voting, to show how
he marks or has marked his ballot, or otherwise violate any
provision of this act, shall be punished by fine of not more
than five hundred dollars or be imprisoned not exceeding six
months; and the election officers shall see that the offender
is duly brought before the proper court for trial.

VIOLATIONS OF SECRET BALLOT.

SECT. 21. Any person who shall falsely make or file or will-
fully deface or destroy any certificate of nomination or nomin-
ation paper, or any part thereof, or sign any such certificate or
paper contrary to the provisions of this act, knowing the same
or any part thereof to be falsely made, or suppress any cer-
tificate of nomination or nomination paper, or any part thereof,
which has been duly filed, or forge or falsely make the official
endorsement on any ballot, or willfully destroy, deface, mark
or. alter any ballot, or shall furnish to any voter a ballot with
the intent that such voter shall use the same in voting instead
of the ballot given or to be given him by the ballot clerk,
as herein provided, or shall take or remove any ballot outside
of the inclosure provided for voting before the close of the
polls, or willfully delay the delivery of any ballots, shall be
punishd by a fine not exceeding five hundred dollars, or by
imprisonment in the jail for not more than six months, or by
both such fine and imprisonment.

SECT. 22. Any public officer upon whom a duty is imposed
by this act, who shall willfully neglect to perform such duty, or
who shall willfully perform it in such a way as to hinder the
objects of this act, shall be punished by a fine of not more
than one thousand dollars, or by imprisonment in jail for not
more than one year, or by both such fine and imprisonment.

SECT. 23. It shall be a misdemeanor for any person engaged
in preparing or printing the official ballot to purloin, or give
away, or allow to be removed any of such ballots. A voter
shall not allow his ballot to be seen or examined by any person,
except as prescribed in this act, nor shall any person interfere
with any voter when such voter is within the inclosed space,
or attempt in any manner to influence or change his vote. No
person shall destroy any certificate of nomination or nomina-
tion paper, or sign any such certificate or nomina-
tion paper, or sign the name of any other person to such
certificate or nomination paper, except as provided in this
act. Whoever willfully violates any of the provisions of this
section shall be fined not exceeding five hundred dollars, or
be imprisoned not exceeding six months. Any and all fines
imposed by this section shall be paid to the county in which
the person is prosecuted.

Precinct Law

LAWS 1919, CHAPTER 30. SECTION 1. Any town may vote to
establish voting districts and additional polling places therein
for use at the biennial elections.

SECT. 2. If any town shall so vote, the selectmen shall
provide one or more additional polling places in such town,
and shall at least thirty days before the next following general
election determine the territorial limits of the voting district
to be served by each such additional polling place. The polling
place presided over by the moderator of the town shall be
known as the central polling place, and all other polling places
in such town shall be known as additional polling places. A
voting district and polling place so -established shall continue to
be such for successive general elections until the town shall
vote to discontinue the same, but the selectmen may from

time to time increase or diminish the territorial limits
of each such district in order to more effectually accom-
modate the voters of such town. Election officers and
town officers who are residents of additional polling
districts but are on duty at the central polling place may
keep their names on central polling place check-list by
so arranging with supervisors of check-list.

SECT. 3. The selectmen shall equip each such addi-
tional polling place in the same manner as required by
existing law to equip central polling places.

SECT. 4. Immediately after the establishment of an
additional polling place and the creation of the voting
district to be served by such additional polling place the
supervisors of the check-list shall prepare a list of the
voters entitled to vote at each such polling place, and
shall revise the same from time to time as by existing
laws, and shall at least fourteen days before any general
election post at one or more public places within the
voting district a true and attested copy of such list, and
shall on the day of such general election before the
opening of the polls at the central polling place lodge
with the town clerk of said town duplicate copies of the
list by them prepared and revised.

SECT. 5. The selectmen .shall appoint a presiding
officer and a clerk who shall each be residents of the
voting district in which such additional polling place is
located for each additional polling place, and the duties
of such presiding officer and clerk shall be the same
within the voting district at such election as are the
duties of the moderator and clerk of the town at the
central polling place except as herein otherwise provided.
The selectmen shall also appoint for each additional
polling place four inspectors of elections, who shall be
residents of the voting districts in which the polling
place is situated, and who shall be appointed in the same
manner as such officers are appointed for the central
polling places under existing laws, and 'the duties of such
inspectors shall be the same as the duties of the inspec-
tors at the central polling place except as herein other-
wise provided. The officers so appointed shall be sworn
before entering upon the duties of their appointment,
and shall be subject to the .same penalties for mis-
conduct in office as are provided under existing laws.

SECT. 6. As soon as the polls are opened at the cen-
tral polling place on the day of the general election the
town clerk shall seal up the duplicate copies of the
<5heck-list for each additional polling place lodged with
him by the supervisor and with a number of blank bal-
lots equal to the number of voters on such check-list and
fifty additional ballots. This package shall be prepared
and sealed in the presence of the moderator and select-
men and delivered to two designated election officers of
the polling place to which it is to be conveyed, who shall
be of different political parties, who shall carry the same
to such polling place with all reasonable speed.

SECT. 7. The voting at cash additional polling place
shall be conducted as at the central polling place.

SECT. 8. Upon closing the polls at the additional
polling place, the box in which ballots have been
there deposited shall be sealed up by the presiding officer
in the presence of the inspectors of election without
opening the box, and the clerk at such polling place shall
so certify. The presiding officer shall also seal up the
duplicate che^k-lists used at such polling place together
with the spoiled and unused ballots, and the ballot box
containing the ballots voted as aforesaid, and send the
same to the moderator of the town at the central polling
place by two designated election officers who shall be of
different political parties, who shall deliver the same
with the seals unbroken, without unnecessary delay, at
the central polling place. The ballot boxes from the
additional polling places shall be opened by the moder-
ator at the central polling place and the ballots there
counted, and the result of the ballot of the entire town
announced by the moderator as if all the ballots had
been cast at the central polling pla3e. The town clerk
shall receive the duplicate check-lists and ballots as
returned and dispose of the same as provided by existing
law.

SECT. 9. The provisions of this act shall apply to all
elections held in such cities as may by vote of the city
council thereof accept the provisions of this act. The
creation of voting districts in city wards, the establish-
ment of additional polling places in wards therein, and
the selection of the various election officers therefor shall
be made by said city council.

41
Elections in Other Cases*

P. S., CHAP. 34, SECTION 1. A suitable box or boxes snail
be provided by the selectmen, at the expense of the town, in
which to receive the ballots of the voters.

SECT. 2. The full Christian and surname of every person
voted for, with the initial letter or letters of the middle name,
and the usual abbreviations for junior, second, third, and the
like, shall be written or printed upon every ballot. Blank
pieces of paper shaM not be counted as ballots.

MODE OF BALLOTING.

SECT. 3. Each voter shall deliver his ballot to the moderator
in open meeting, and the moderator, on receiving the ballot,
shall direct the town clerk to check the name of the voter on
the check-list, and shall, without inspecting the name of any
person voted for, examine the ballot so far only as to de-
termine whether the same contains more than one ticket; if it
does not, he shall place the ballot in the ballot box; but if
it does he shall make it manifest to the meeting and reject
the same, unless the voter shall correct his ballot.

SECT. 5. If several officers are to be voted for upon one
ticket, no person shall be obliged to vote for each. When
more than one description of officers is voted for on the same
ticket, any ticket which docs not contain at least one vote for
each description of officers shall be regarded as a blank as to
the description of officers omitted.

SECT. 6. The moderator shall, in the meeting, in presence
of the selectmen and town clerk, sort and count the votes, and
make a public declaration of the whole number of tickets
given in, with the name of every person voted for, and the
number of votes for each person; and the town clerk shall
make a fair record thereof at large in the books of the town.

SECT. 7. The selectmen and town clerk shall assist in sort-
ing and counting the votes, but no other person shall in any
manner interfere therewith.

*Laws of 1897, Chap. 78, applies to national and state
elections only.

SECT. 8. No ballot shall be received and counted after the
votes have been declared.

SECT. 9. In determining the result of any election, the
whole number of persons voting for any officer shall be first
ascertained by counting the whole number of separate tickets
given in; and no person shall be declared elected to any
office who shall not have received a majority of the whole
number of tickets given in for such office, except in cases in
which it is otherwise specially provided.

SECT. 10. If a number of candidates greater than the
requisite number shall severally receive a majority, a number
equal to the requisite number, having the greatest excess over
such majority, shall be declared elected. But if the number
to be elected cannot be completed by reason of any two or
more candidates having received an equal majority, and making
one or more greater than the requisite number, the candidates
having such equal majority shall be declared not to be elected.

SECT. 11. The town clerk shall have with him, in the meet-
ing, during its continuance, all the laws in force relating to the
subject of elections.

SECT. 12. The foregoing eleven sections shall be applicable
so far as they do not conflict with the provisions of the pre-
ceding chapter. (Laws of 1897, Chap. 78.)

PRESERVATION OF BALLOTS.

SECT. 13. After the ballots given in for governor, councilors,
senators, electors of president and vice-president, representa-
tive in congress, county officers, and those given in for repre-
sentatives to the general court, at the ballotings upon which
they were declared elected, have been counted and a declaration
and record of the result made, the moderator, in the presence
of the selectmen, shall place the ballots in a suitable envelope
or other wrapper, and seal the package in a manner best cal-
culated to prevent them from being removed or tampered with.
The moderator and selectmen shall indorse and subscribe upon
the outside of the package a certificate as follows: Inclosed

are all the ballots given in at the election in the town of

(or, Ward ,in the city of -). on the day

of , 19 — , required by law to be preserved. Sealed up

by the moderator in the presence of the selectmen. Signatures
of moderator and selectmen.

The moderator shall deliver the same to the town clerk in
the presence of the selectmen before the adjournment -of the
meeting; and the town clerk, in their presence, shall make
thereon and subscribe a minute of the day and hour when
received. These provisions shall not apply to the wards of
cities whose charters provide a different method for the preser-
vation of ballots.

DISPOSITION OF BALLOTS.

LAWS 1903, CHAP. 30, SECTION 1. Ward and town officers
whose duties it is to receive and count ballots cast at biennial
elections for United States, state and county officers and for
supervisors of the check-list and moderator, shall immediately
after the ballots are counted and sealed, deliver them thus
sealed, to the city clerk or town clerk or a representative desig-
nated by such clerk, who shall without breaking the seal or
otherwise changing the condition of the package deposit the
same in the office of such city or town clerk, who shall keep
said ballots for a period of sixty days. If any person for
whom a ballot was cast and recorded at any biennial election
shall so request in writing within said sixty days the clerk
having the custody of the ballots shall forthwith forward them
to the secretary of state, who shall receive and preserve them
until the next succeeding biennial election. All ballots re-
maining in possession of the town or . city clerk shall be
destroyed at the expiration of sixty days after an election.

INSPECTION OF BALLOTS.

LAWS 1897, CHAP. 82, SECTION 2. If any person for whom a
vote was cast and recorded for any office at a biennial election,
before the expiration of ninety days, shall apply in writing to
the secretary of state for an inspection of the ballots ;:;von in
for all persons for such office, and state in his application the
names of the opposing candidates, the secretary of state shall
appoint a time for the inspection not earlier than fifteen days
after the receipt of the application. Such inspection shall take

place in the state house, and the secretary shall order the
applicant to give notice thereof by giving to each of the
opposing candidates, or leaving at his place of abode, a copy
of the application and order of notice seven days at least
prior to the day so appointed for inspection of the ballots.
No other notice shall be required.

SECT. 3. At the time and place so appointed and notified,
the secretary cf state shall produce the ballots, and they shall
be open to the inspection of the candidates and their counsel
under such suitable rules as the secretary of state shall
prescribe.

SECT. 4. The candidate petitioning for an inspection of the
ballots shall pay the secretary of state the same fee prescribed
in Section 15 of Chapter 153 of the Laws of 1909, as amended
for recount following direct primary.

SECT. 17. Upon the conclusion of every inspection and
every examination of ballots, the secretary shall place them,
and all envelopes , or wrappers which had previously contained
them, in a new envelope or wrapper, and seal it, and indorse
upon it a certificate showing the contents, and the date when
and the reason why it was opened and examined, and shall
retain it until the time fixed by law for its destruction arrives.

SECT. 18. Whoever shall willfully violate any of the pro-
visions of the five sections next preceding shall be fined not
exceeding five hundred dollars.

Presidential Primary Law

LAWS 1913, CHAP. 167 (as amended), SECTION 1. On the
second Tuesday in March in the year 1916, and each year
thereafter when a president of the United States is to be
elected, a primary shall be held for the election of delegates
a tlarge, alternate delegates at large, delegates, and alernate
delegates to th national conventions of the various political
parties to be held to nominate party candidates for president
and vice-president of the United States.

SECT. 2. Said primary election in towns shall be held in
connection with the regular March meeting; said primary

election in cities shall be held at the regular polling places
in the various wards; and in all cases the said primary election
shall be conducted by the regular election officers.

SEBT. 3. (1) In all towns the polls shall be held open not
less than four hours, and so much longer as shall be neces-
sary to afford every voter present and desiring to vote an
opportunity to vote, and until the voters present shall vote to
close the polls. (2) In cities, the polls shall be held open
from 3 o'clock P. M. till 8 o'clock P. M.

SECT. 4. The secretary of state shall prepare and distribute
for use at such primary an official ballot for each political
party.

DECLARATIONS OF CANDIDATES.

SECT. 5. The name of no candidate shall be printed upon
any such ballot unless not more than sixty nor less than
eighteen days before the primary he shall have filed with the
secretary of state a declaration of candidacy, and unless he,
or some person for him, shall have paid to the secretary of
state a filing fee of ten dollars ($10), or file with the secretary
of state a petition containing one hundred (100) names of
legal voters requesting that his name be placed on the primary
ballot, provided, however, that vacancies on the primary ballot
of any party may be filled as provided in section 6 of this act.
Declarations of candidacy shall be in form as follows :

I declare that I reside in ward

in the city (or town) of

county of and state of New

Hampshire, and am a qualified voter therein; that I am a mem-
ber of the party; that I am a candidate for

election as delegate (or as alternate delegate or delegate at
large or alternate delegate at large) to the national convention

of the party next to be held

for the nomination of candidates of said party for president
and vice-president of the United States. I request that my
name be printed as such candidate on the official ballot of the

party to be used at the

primary to be held on the second Tuesday of March next
(changed from third Tuesday of May). I further declare that

if elected aa such delegate (or alternate delegate or delegate
at large or alternate delegate at large) I will attend such con-
vention unless I shall be prevented by sickness or other occur-
rence over which I have no control. If the person desires to
do so, he may add -to such declaration the following etatement :
I pledge myself, if elected as such delegate (or alternate dele-
gate or delegate at large or alternate delegate at large) to
vote, in said convention whenever I shall vote, for the nomina-
tion of (inserting the name of any person) as the candidate
of said party for president so long as he shall be a candidate
before said convention, and I request that after my name upon
the ballot shall be printed the words pledged to vote for the
nomination of (naming the same person) for president. And
in that event , said words shall be printed upon the primary
ballot following his name as requested.

VACANCY ON BALLOT.

SECT. 6. If there is to' be a vacancy upon the primary ballot
of any party by reason of the failure of as many persons to
file as candidates for delegates and for alternate delegate and
delegate at large and alternate delegate at large as are to be
elected, such vacancies may be filled, after the expiration of
the time allowed in this act for filing and fifteen days before
the primary, by the state committee of that party without
the payment of any fee, and the secretary of state upon receipt
of proper notice shall cause the names selected by the etate
committee to be printed upon the primary ballot to fill euch
vacancies.

SECT. 7. (1) After completing the canvass of returns from
the primary, the secretary of state shall send by mail notice
to each person whose name was printed upon the ballot of
any party of the names of the delegates at large, alternate
delegates at large, delegates and alternate delegates,
elected by that party, and shall not be required to
advertise the result of said primary. (2) If any person whose
name was printed as a candidate upon the ballot of any party
is not elected according to the canvass first made by the
secretary of state, he may obtain a recount by applying in
writing therefor to the secretary of state within ten days after

he shall have been notified of the result of the primary, and
by paying fees as follows: (a) If he has been voted for
throughout the state, one hundred dollars. (b) If he has
been voted for in a district less in area than the entire state,
fifty dollars.

SECT. 8. The provisions of (the direct primary law) with
regard to the preparation and distribution of ballots, the' send-
ing and posting of notices, the preparation and posting of
check-lists, the conduct of primaries, the registration and the
preservation of the registration of the party membership of
voters, the counting of votes, the making of returns thereof,
the canvass of the same, and all other kindred subjects, shall
apply to all primaries held under the provisions of this act
unless clealy inconsistent, the intent of this act being to pro-
vide the same method for the election of all delegates and del-
egates at large and alternate delegates and delegates at large
to national conventions, as is provided by that act for the
nomination of officers and the election of delegates to state
conventions.

Election of Electors of President
and Vice-President

P. S., CHAP. 37. SECTION 1. Meetings for the choice of
electors of president and vice-president shall be holden on
the Tuesday next following the first Monday in November, in
every fourth year, dating from the year eighteen hundred and
eighty.

SECT. 2. The returns of votes for electors shall be made
out, signed, certified, sealed, and directed, in the manner pro-
vided for the returns of votes for senator; and the town
clerk shall transmit the same to the office of the secre-
tary of state within five days from the date of such election.

SECT. 3. The secretary by whom such returns of votes
shall be received shall forward by mail to the town clerks
receipts therefor.

SECT. 4. The secretary shall, on the day following the last
Wednesday but one of November, lay the returns of votes for

electors of president and vice-president before the governor
and council, to be by them examined and counted. The
requisite number of persons who shall have the largest number
of votes returned shall be declared duly chosen electors.

Sr,cx. 5. The governor shall cause the several persons who
may be chosen electors to be notified forthwith of their elec-
tion, and request their attendance at the state house in Con-
cord on the day fixed by the congress of the United States
[second Monday in January] as the day on which electors shall
give their votes for president and vice-president.

SECT. 6. The electors chosen shall meet at the state house
in Concord on the day so fixed, and, by twelve o'clock at
midday, give notice to the governor and council of the number
of electors present who accept the office.

SECT. 7. If the requisite number of electors are not present
or do not accept, or if the requisite number of electors ehall
not be chosen by reason of two or more persons having an
equal number of votes, the electors present who do accept, in
presence of the governor and council, shall forthwith choose
by ballot the number wanted to complete the board.

SECT. 8. The electors shall give their votes for president
and vice-president of the United States, at Concord, on said
day, and shall proceed therein according to law.

SECT. 9. They shall each receive three dollars a day during
their session, and ten cents a mile for their travel to and
from their place of meeting; and shall be allowed a reasonable
sum, not to exceed twenty-five dollars, to pay for the services
of a secretary.

Election of Governor, Councilors
and Senators

P. S., CHAP. 35, SECTION 1. The meetings in the several
towns, for the election of governor, councilors, and senators,
shall be holden on the Tuesday next following the first Monday
in November, biennially, and at no other time, dating from
the year eighteen hundred and seventy-eight.

LAWS 1897, CHAP. 24, SECTION 1. The town and ward clerks
of the several towns and wards in this state shall make a true
and certified copy of the record of the votes given in at any
election of electors of president and vice-president of the
United States, representative in congress, governor, councilor,
senator, and representative to the general court, and shall for*
ward the same, in sealed packages to the secretary of state
within five days from the date of such election.

SECT. 3. The secretary, upon the receipt of any such copy,
shall forward by mail to the town clerk a receipt therefor.

SECT. 4. Whenever any return of votes shall not have been
received at the office of the secretary within the time prescribed
by law, it shall be his duty immediately to notify the clerk
of the town from which such return has not been received.
Thereupon it shall be the duty of the delinquent town clerk
forthwith to forward such return.

Election of United States Senator

LAWS 1913, CHAP. 97, SECTION 1. Meetings for the choice
of United States senators shall be holden in the several towns,
wards and places in this state on the Tuesday following the
first Monday in November of every sixth year, dating from
the year nineteen hundred and eight, and on the Tuesday
after the first Monday in November of every sixth year, dating
from the year nineteen hundred and twelve.

SECT. 2. All the provisions of existing law, relating to the
nomination of candidates for governor by direct primary and by
nomination papers, and the filing of accounts of campaign
expenditures, are hereby extended to, and shall apply to, the
nomination of candidates for United States senator.

SECT. 3. All the provisions of existing law, relating to the
election of representatives in the congress of the United States,
are hereby extended to the election of United States eenators,
except when inconsistent with the laws of the United States.

SECT. 4. The names of candidates for United States senator
of the several political parties shall immediately follow on the
ballot the names of candidates of the several parties for nomina-
tion and election at governor at primaries and elections.

Election of Representatives in
Congress

P. S., CHAP. 36, SECTION 1. The state is divided into two
districts for the purpose of choosing representatives in the
congress of the United States, and each district is entitled to
elect one representative.

SECT. 3. Meetings for the choice of representatives in con-
gress shall be holden in each district on the Tuesday next
following the first Monday in November, biennially dating from
the .year eighteen hundred and seventy-eight.

SECT. 4. The meetings in the several towns in each district
shall be warned and governed, and the returns of votes for
representative shall be made out, signed, certified, sealed,
directed, transmitted, receipted for, examined, and counted, at
the same time and in the same manner as provided for the
return of votes for senators.

SECT. 5. Upon such examination and count, the person
having the largest number of votes returned in any district
shall be declared duly elected; and the governor shall forth-
with transmit to the person so elected a certificate of such
election, under the seal of the state, signed by himself and
countersigned by the secretary.

SECT. 6. If two or more persons, at any election of repre-
sentatives to congress, shall, in any district, receive the largest
and an equal number of votes, so that no choice is made,
the governor, with advice of the council, shall cause precepts
to be issued to the selectmen of the several towns within
such district for another election, requiring them to warn
meetings to be holden at the time specified in such precepts
for the choice of a representative.

SECT. 7. The votes given at any such meeting shall be
received, sorted, counted, declared, recorded, and certified,
and the returns thereof made out, signed, certified, sealed.
and directed, in the manner hereinbefore prescribed ; and the
clerk shall transmit the same to the office of the secretary
of state within five days after such meeting.

SECT. 8. The lecretary, at soon at may be, shall lay all
such returns before the governor and council, and the votes
shall be examined and counted, and the election of the person
having the largest number of votes declared and certified, and
the certificate thereof made out and transmitted in the manner
hereinbefore directed.

SECT. 9. If upon such second balloting two or more persons
shall have the largest and an equal number of votes in any
district, so that no choice is made therein, the governor, with
advice of the council, sLall forthwith cause new precepts to
be issued as aforesaid, directing another meeting to be warned
and holden to fill such vacancy; and the same proceedings
shall be again had as are hereinbefore provided; and so from
time to time, so long as may be necessary, until some one shall
have the largest number of votes.

SECT. 10. If any vacancy in the representation in congress
shall occur by death, resignation, or otherwise, the governor,
with the advice of the council, shall forthwith cause precepts
to be issued to the selectmen of the towns within the district
where the vacancy exists, for an election to fill such vacancy;
and similar proceedings in all respects shall be had therein
as are provided in the preceding sections of this chapter; and
the balloting* in such districts shall be continued until some
person shall have the largest numbers of votes given in and
returned.

Election of County Officers

P. S'., CHAP. 25, SECTION 1. There shall be chosen at each
biennial election, by ballot, by the inhabitants of the several
towns in each county qualified to vote for senators, a sheriff,
a county solicitor, a county treasurer, a register of deeds, a
register of probate, and three county commissioners, each of
whom shall take his office on the first day of the April next
(Jan. 1, in some cases) succeeding his election and shall hold
the same for two years and until his successor is chosen and
qualified.

SECT. 2. No person is eligible to the office of sheriff, county
solicitor, county treasurer, register of deeds, register of pro-
bate, county commissioner, or clerk of court, unless he is a
resident of the county for which he is chosen. No person
shall hold two of said offices at the same time, and the
acceptance of one of them shall be a resignation of the others.

SECT. 3. The town and ward clerks of the several towns and
wards of this state shall make a true and certified copy of
the record of the votes given in at any election of county
officers, and shall forward the same in sealed packages to the
clerk of the supreme court of the county within five days from
the date of such election.

SECT. 5. The several clerks of court shall have the returns
present at the law term of the supreme court holden on the
first Tuesday of December next following. The court shall
examine, record, and count the same; and the person who has
received the highest number of votes for each office shall be
declared elected.

SECT. 6. If the candidates for either of such offices having
the highest number of votes shall have an equal number, the
court shall appoint one of the candidates to fill the office, who
shall be declared duly elected.

The supreme court at any trial term, or any justice thereof
in vacation, may, on the application or petition of any can-
didate interested in a contest for any county office, find the
facts relating to such contested election as well before the
term of such office begins as after; and any question of law
arising upon the facts thus found may be heard at any regular,
adjourned, or special law term of the court, as the court
shall direct; and the court shall issue a certificate of election
to the candidate who is found by the court on such proceed-
ings to be elected, and the person receiving such certificate
shall assume and discharge the duties of the office.

Election of Representatives to the
General Court

P. S., CHAP. 38, SECTION 1. Towns entitled to elect repre-
sentatives to the general court may elect them at the biennial
election holden on the Tuesday next following the first Mon-
day of November, biennially, dating from the year eighteen
hundred and seventy-eight, and if the election of the requisite
number shall not be effected on that day, the meeting may be
adjourned to, and the election of the number deficient be made
on, the following day, but not afterwards.

SECT. 2. Certificates of election shall be made in duplicate,
certified and signed in the same manner as the returns of
votes for governor; one of them shall be delivered to the
representative elect, and the other shall be forwarded to the
secretary of state within five days after the day on which the
election is held, and the town clerk shall also certify that the
check-list was duly posted and used during the balloting on
which such representative was chosen, and to the number of
voters whose names were upon the check-list as corrected on
the day of such meeting. Any town clerk who fails to make
a return of the number of voters on such check-list shall be
fined not exceeding twenty-five dollars.

SECT. 6. Whenever a vacancy shall exist in the representa-
tion of any town in the general court by reason of the death,
resignation, or removal from town of the person who shall
have been elected as such representative, the selectmen shall,
without unnecessary delay, call a meeting of all persons in such
town qualified to vote in the election of senators, at which
a representative shall be elected as provided in article fifteen
of the constitution.

SECT. 7. In case any town or any ward of a city in this state
shall elect and send to the general court a representative when
not authorized by law to do so, such town, or the city in
which such ward is situated, shall forfeit and pay a fine of
one thousand dollars, to be recovered by indictment for the
use of the county in which such town or city is situated. The
amount of any fine and costs paid by any city under the pro-

visions of this section shall be assessed upon the property and
inhabitants of the ward so electing and sending such repre-
sentative.

Members of Legislature

P. S'., CHAP. 4, SECTION 1. No person shall be eligible for
election to any office of the legislature who has not been an
inhabitant of the state for one year, at least, prior to such
election.

SECT. 2. If any officer of the legislature removes from the
state, the office shall thereupon become vacant.

SECT. 16. If a person shall attend a session of the legis-
lature and vote therein as a representative from any town or
city, knowing that, by reason of want of the requisite number
of inhabitants in said town or in the ward of the city which
he represents, he is not lawfully entitled to a seat in the
house of representatives, or that he was not legally elected a
representative of such town or ward, he shall be fined not
exceeding $2,000, or be imprisoned not exceeding two years.

Purity of Elections

NEGLECT TO RETURN VOTES.

P. S., CHAP. 39, SECTION 1. If any town clerk shall neglect
to make any return of votes for governor, councilor, senator,
representative in congress, electors of president and vice
president, register of deeds, county treasurer, county com-
missioner, supervisors, or moderator, or other state, town, or
county officer, he shall be fined not exceeding five hun'dred
dollars.

SECT. 2. The secretary of state or clerk of court, as the
case may be, shall, within thirty days after any default in the
return of votes, certify the same to the solicitor of the county,
which certificate shall be prima facie evidence of such default ;
and the solicitor shall prosecute every person guilty of such
default.

SECT. 3. If the clerk of any town shall make an incorrect
or insufficient record or return of the votes given therein at
any meeting for any officer, the officers by whom the votes
are opened and counted may require such clerk, at his own
expense, to come in and amend his record or return, accord-
ing to the facts of the case.

SECT. 4. If any clerk shall neglect or refuse to appear and
amend, he shall be fined not exceeding five hundred dollars.

FALSE RECORD OF VOTES.

SECT. 5. If the clerk of any town or place shall willfully
and corruptly make a false record of any vote or other proceed-
ing of any legal town meeting, or any false copy of any
record, or any false certificate or return of votes, he shall
be imprisoned not exceeding five years.

SECT. 6. If any person shall be guilty of an offense against
any provision of the laws relating to elections for which no
penalty is specified, he shall be fined not exceeding thirty
dollars.

ASSAULT UPON OFFICERS.

SECT. 7. If any person shall willfully assault a town, city,
or ward officer in the discharge of any duty of hi« office at any
election, or take away, injure, or destroy the ballot box or
check-list when in use at any election, he shall be fined not
exceeding three hundred dollars, or be imprisoned not exceed-
ing three years.

ILLEGAL VOTING.

SECT. 8. If any person, at a meeting for the choice of
officers, shall give in more than one vote for any officer voted
for at such meeting; or if any person under the age of twenty-
one years, or an alien not naturalized, or any person .who .is
not a legal voter, shall give in a vote for any officer at such
meeting; or if any person, being under examination as to his
qualifications as a voter before the board, of supervisors, shall
give any false name or answer, — he shall be fined not exceed-
ing thirty dollars for each offense, or be imprisoned no.t ex-
ceeding three months.

FRAUD BY OFFICERS.

SECT. 9. If any moderator, supervisor, or selectman, at any
meeting, shall fradulently receive and count any illegal vote,
omit to receive and count any legal vote, or shallf fraudulently
embezzle any vote from the number of legal votes cast, or
add any vote thereto, or shall receive or count any vote given
at such meeting by proxy, and without the personal delivery
of such vote by the person entitled to give the same, or shall
frauduently declare the state of the vote in the election of
any officer, he shall, for each offense, be fined not exceeding
five hundred dollars, or be imprisoned not exceeding one
year, or both.

IMPROPER INFLUENCE.

SECT. 10. If any person shall directly or indirectly give
spirituous liquor to a voter, at any time, with a view to influ-
ence any election, or as a treat for his vote, or for the honors
bestowed on any candidate at such election, he shall be fined
not exceeding twenty dollars for each offense.

SECT. 11. If any person shall directly or indirectly hire,
procure, induce, or in any way influence or attempt to hire,
procure, induce, or in any way influence, by payments, promises,
offers of emolument, offers of reward of any kind, loans of
money or other thing, threats or intimidations, any voter to
stay away from any town meeting, or to avoid voting at any
town meeting, or to vote at any town meeting for or against
any particular ticket or candidate for office, or to ask, in
order to disqualify himself from voting at any election, the
abatement of his taxes, or to be excused from paying taxes,
such person shall be fined not exceeding five hundred dollars,
or be imprisoned not exceeding three months.

SECT. 12. If any person shall directly or indirectly con-
tribute or furnish, or promise to contribute or furnish, any
money, goods, chattels, or other thing whatsoever to be used
to induce any voter to stay away from any town meeting, or
to avoid voting at any town meeting, or to vote at any town
meeting for or against any particular ticket or candidate for
office, or to ask, in order to disqualify himself from voting at
any election, the abatement of his taxes, or to be excused from

paying taxes, such person shall be fined not exceeding five
hundred dollars, or be imprisoned not exceeding three months.

SECT. 13. One half of the fines imposed for the violation
of the provisions of the two preceding sections shall go to the
prosecutor, and the other half to the county.

SECJ. 14. Any person who shall, without authority, sign the
name of any other person to any letter or other document, or
falsely represent that any other person has written such letter
or document, knowing such representation to be false, for the
purpose of influencing votes, shall be fined not exceeding one
thousand dollars, or be imprisoned not exceeding one year.

SECT. 15. Any person publishing any such forged letter or
document, knowing the same to be forged, with like intent,
shall be fined not exceeding one thousand dollars.

CHALLENGE OF VOTER.

SECT. 16. Any voter, at any town meeting, may challenge
any other voter offering to vote at such meeting, and the
moderator shall not receive the vote of the person so chal-
lenged until he shall subscribe, make, and tender to the town
clerk or moderator an affidavit in form and substance as lol-

lows: I, , solemnly swear that I have not directly or

indirectly, hired, procured, induced, or in any way influenced,
or attempted to hire, procure, induce, or in any way influence
by payment, promises, offers of emolument, offers of reward of
any kind, loans of money or other thing, threats, or intimida-
tion, any voter to stay away from this town meeting, or to
avoid voting at this townmeeting, or to vote at this town
meeting for or against "any particular ticket or candidate for
office, or to ask, in order to disqualify himself from voting at
this town meeting, abatement of his taxes, or to be excused
from paying his taxes; nor have I, directly or indirectly, con-
tributed or furnished, or promised to contribute or furnish any
money, goods, or chattels, or any thing whatsoever, to be used to
induce any voter to stay away from this town meeting, or to avoid
voting at this town meeting, or to vote at this town meeting
for or against any particular ticket or candidate for office, or
to ask. in order to disqualify himself from voting at th.is town

meeting, the abatement of his taxes, or to be excused from
paying taxes; nor have I, either directly or indirectly, been
hired or procured, or in any way influenced, by payment,
promises, offers of emolument, offers of reward of any kind,
loans of money or other things, threats, or intimidation, to vote
at this town meeting for or against any particular ticket or
candidate for office; but the vote I now offer to cast, and the

'cs I propose to offer to cast, at this town meeting, are in ac-
cordance with my solemn convictions of duty to my country, unin-
fluenced by any payment, promises, offers of emolument, offers
of reward of any kind, loans of money or other thing, threats,
or intimidation whatsoever. So help me God.

SECT. 17. In case any voter so challenged shall not make
subscribe such affidavit, he shall be denied the right of
voting at such town meeting, and any moderator who shall
receiv^ the vote of a voter so challenged and not making and
subscribing such affidavit, shall be fined not exceeding one
hundred dollars.

SECT. 18. The affidavit may be sworn to before any person
authorized by law to administer oaths, or before the moderator,
town clerk, or any one of the selectmen or supervisors. Any
person who shall swear falsely in making such affidavit shall
be deemed guilty of perjury, and be punished accordingly.

SECT. 19. The town clerk of each town shall have with
him, at every town meeting, blanks for making affidavits as
required by section sixteen of this chapter, and shall furnish
the same to any voter on request therefor. He shall record
in the record of the meeting the names of all voters making
such affidavits, and shall keep the affidavits on file.

ALLEGED BRIBERY.

SECT. 20. On the day of any town or ward meeting, or
within thirty days thereafter, any five voters may make written
complaint to any justice of the peace, or police judge, etating
only that in their belief the law against bribery in elections
has been violated in connection with such town or ward meet-
ing, and asking for an inquiry concerning such violation, and
naming the witnesses whom they desire to have examined, and

thereupon such justice or judge shall immediately proceed to
make such inquiry; and for that purpose he may issue his
subpoena, or compulsory process, if necessary, to the witnesses
named, and to any others, and may examine them in the
same manner as he might upon a complaint in a criminal
proceeding before him; and the powers, duties, and liabilities
of the justice, judge, and witnesses shall be the same as
in such case.

SECT. 21. Such justice or judge may allow the complain-
ants, or either of them, or any person who may seem to be
accused, to appear before him, personally or by counsel, and
to interrogate the witnesses; and he shall take brief notes of
the testimony, and may also, if he shall deem it necessary, re-
duce the testimony of any witness to writing, and cause ...in
to sign the same, and shall close the inquiry within thirty
days from the date of the complaint, and make a -ecord
of the proceedings, and shall transmit such record, and the
testimony so taken by him, at once to the solicitor of the
county.

SECT. 22. If any such inquiry shall disclose any violation
of sections eleven and twelve of this chapter it shall be the
duty of the solicitor to cause due complaint to be made, and
the person offending to be apprehended and committed to
jail, or bound over, with sufficient sureties, to the next term
of the supreme court.

SECT. 23. It shall be the duty of the selectmen to post or
cause to be posted, in some conspicuous place where the town
meeting is held, a copy of sections sixteen to twenty-three,
inclusive, of this chapter.

ELECTION DAY A HOLIDAY.

SECT. 24. The Tuesday next following the first Monday of
November in the year eighteen hundred and ninety-two and
in every alternate year thereafter, being biennial election days,
shall be holidays.

T 60

Bribery at Elections

LAWS 1911, CHAP. 99 (as amended), SECTION 1. Any persons
guilty of offering, giving, or accepting a bribe, or aiding or
abetting bribery, or of attempting or conspiring to bribe, with
intent to influence the vole of any person at any election,
caucus, convention, or primary election shall be deemed
guilty of a misdemeanor, and upon conviction shall be fined
not more than five hundred nor less than one hundred dollars
and be imprisoned in the county jail not less than thirty nor
more than ninety days, for each offense.

SECT. 2. Any person convicted under the provisions of the
foregoing section shall thereafter be forever disqualified from
holding any civil office in this state and from exercising the
right of suffrage; but the supreme court may, on notice to
the attorney-general, restore the privileges of an elector to
any person who may have forfeited them by conviction of such
offenses.

SECT. 3. No witness in any proceeding under this act
or in any proceeding for violation of the elec-
tion laws shall be excused from giving his testimony upon
the ground that such tesimony would incriminate him, but no
such testimony shall be used against such witness at any time
or in any prosecution. And any person who voluntarily dis-
closes the facts to the proper authorities, and procures a
conviction in any such proceeding, shall not be prosecuted for
his connection with the bribery or attempted bribery.

Publicity of Campaign Receipts
and Expenditures

LAWS 1911, CHAP. 101, SECTION 1. — The term political com-
mittee under the provision^ of this act shall apply to every
committee or combination of three or more persons who shall
aid or promote the success or defeat of a political party or
principle in a public election or the success or defeat of any
measure voted on at a public election or shall aid or take
part in the nomination, election, or defeat of any candidate

for public office. Every political committee shall have a
treasurer who shall be a citizen of this state and whose duty
it shall be to receive and expend all its money.

SECT. 2. The state committee of every political party shall
file, on the third day preceding the election, with the secretary
of state and also publish* in two daily newspapers in this
state, an itemized statement, signed and sworn to by its chair-
man and treasurer, showing in detail all its receipts and ex-
penditures, with the names of the various persons by whom
they were made and the respective amounts thereof, and the
names of various persons, corporations, or committees to whom
they were made, with the specific nature and amount of each
expenditure. Within fifteen days after said election another
itemized statement, signed and sworn to by the same officers,
shall be likewise filed and published, covering in like manner
all receipts and expenditures subsequent to »}*c nrst statement.

SECT. 3. Every other political committee shall, within fifteen
days after the election, file with the secretary of state and
with the town or city clerk for the town or city where the
treasurer resides, an itemized statement signed and sworn to by
the chairman and treasurer, of all its receipts and expenditures,
if the total amount exceeds one hundred dollars, showing the
names of the various persons by whom they were made and the
respective amounts thereof and the names of the various per-
sons, corporations, or committees to whom they were made,
with the specific nature and amount of each expenditure.
Where the amount does not exceed one hundred dollars, a state-
ment to that effect, signed and sworn trt by the chairman and
treasurer, shall be filed with the same officials and within the
same time as that specified for the itemized statement above
described.

SECT. 4. Every candidate at the primary or general election
for governor or representative to congress shall, on the third
day preceding said primary or election, file with the secretary
of state and also publish in two daily newspapers of this
state, an itemized sworn statement of all his receipts and ex-

*(See Laws 1915, Chap. 169, Sect. 11, which follows.)

penditures, in aid of his nomination or election, showing in
detail the names of the various persons by whom they were
made and the respective amounts thereof, and the names of
the various persons, corporations, or committees to whom they
were made, with the specific nature and amount of each expen-
diture. Within fifteen days after said primary or election
a similar sworn itemized statement shall be likewise filed and
published, showing in like manner all receipts and expendi-
tures subsequent to the first statement.

SECT. 5. Every candidate for United States senator shall,
on the third day preceding the day upon which such senator
is to be chosen, file with the secretary of state and also
publish in two daily newspapers of this state a sworn itemized
statement of all his receipts and expenditures in aid of his
election, showing in detail the names of the persons by whom
they were made and the respective amounts thereof, and the
names of the various persons, corporations, or committees to
whom they were made, with the specific nature and amount of
each expenditure. Within fifteen days after said election a
similar sworn itemized statement shall be likewise filed and
published, showing in like manner all receipts and expenditures
subsequent to the first statement.

SECT. 6. Every candidate at the primary or general election
for councilor, state senator, or representative to the general
court, who has expended a sum in excess of twenty-five dol-
lars, shall within fifteen days after said primary or general
election file with the secretary of state and with the town or
city clerk for the town or city in which he resides an itemized
sworn statement of all his receipts and expenditures in aid of
his nomination, showing in detail the names of the Various
persons by whom they were made and the respective amounts
thereof, and the names of the various persons, corporations, or
committees to whom they were made, with the specific nature
and amount of each expenditure. All such statements shall
be «pen to public inspection.

SECT. 7. Any person who violates the foregoing provisions
of this act shall be guilty of a misdemeanor and upon convic-
tion shall be fined not more than five hundred nor less than

one hundred dollars and be imprisoned in the county jail not
less than thirty nor more than ninety days, nor shall he be
entitled to the nomination or election until said sworn itemized
statement is filed and published as hereinbefore required.

SECT. 8. No person not a candidate for nomination at the
primary or election shall contribute, expend or promise to
contribute or expend any money or thing of value, in aid of
the nomination or defeat of any candidate at the primary or
election or in aid of the success or defeat of any political
party or principle, or in aid of the success or defeat of any
measure to be voted on at any election, unless contributed
directly to some candidate at the primary or election, or some
political committee of this state.

SECT. 9. Any person violating the provisions of section 8
of this act shall be guilty of a misdemeanor and upon conviction
shall be fined not more than five hundred nor less than one
hundred dollars and be imprisoned in the county jail not more
than ninety iior less than thirty days.

Corrupt Practices Law

LAWS OF 1915. CHAP. 169 (as amended), SECTION 1. The
following words and phrases of this act, unless the same be
inconsistent with the context, shall be construed as follows:

(a) "Election" shall mean any primary or election at which
federal, state, county, or municipal officers are nominated and
elected.

(b) "Candidate" shall mean any candidate for governor,
United States senator, representative to congress, councilor,
state senator, representative to the general court, -county, or
municipal office.

(c) "Political committee" or "committee" shall mean any
combination of two or more persons who shall aid or promote
the success or defeat of any party, principle, measure, or
person to be voted for at any election.

(d) "Political party" or "party" shall mean any political
organization which has nominated in any manner provided by
law candidates for federal or state offices.

(e) "Person" shall include a corporation or committee,

EXPENDITURES FOR WHAT PURPOSES?

SECT. 2. No political committee or candidate, for the pur-
pose of aiding or promoting the success or defeat of any
party, principle, measure, or person to be voted for at any
election, shall give, pay, or contribute, or promise to give,
pay, or contribute, any money or thing of value whatsoever
to any person whomsoever, except as follows:

(a) For the transportation, housing and sustenance, and
minor expenses strictly incidental to traveling, for members
of such committee and for candidates, and for speakers pro-
cured by or in behalf of the committee or candidate to epeak
at any rally or political meeting.

(b) For the preparation, printing, and distribution by mail
of letters, circulars, and other written or printed matter, and
for the posting or distribution through any advertising or bill-
posting agency of posters, hand-bills, and other advertising
matter.

(c) For the rental of offices occupied by such committee
©r candidate, and telephone or telegraph tolls, and for the
compensation of secretaries, stenographers, and other office
employees.

(d) For the rental of halls and other rooms for the holding
of political meetings and rallies, at which political addresses
are to be made or candidates are to be present.

(e) For advertisements permitted by the provisions of this
act.

(f) For the payment of speakers.

(g) For the salaries of political agents employed by the
committee or canlidate to travel from town to town arranging
for political meetings and rallies and doing lawful acts in
advancing the objects of the committee or candidate, and for
the canvassing of voters.

(h) For contributions to local committees,
(i) For transporting electors, who are in the town or city
wherein they are entitled to vote, to and from the polls.

MAXIMUM EXPENDITURES.

SECT. 3. No state committee of a political party shall receive
or expend in any one year for political purposes allowed by
this act any moneys in excess of twenty-five thousand
dollars; and not more than one-half of said sum shall be
expended for the purposes enumerated in paragraphs (g) and
(h) of the foregoing section.

SECT. 4. No candidate shall in any one election, other than
the primary, expend, in addition to his contribution to a
state committee, a sum in excess of the following amounts:
Governor or United States senator, one thousand dollars; con-
gressman, seven hundred and fifty dollars; councilor, two hun-
dred and fifty dollars; state senator or county officer, one
hundred and fifty dollars; representative to the general court,
fifty dollars.

SECT. 5. For primary expenditures, all candidates for nomin-
ation shall be limited to the following sums: Candidates for
governor or United States senator, one thousand dollars; can-
didates for congressman, five hundred dollars; candidates for
councilor, two hundred and fifty dollars; candidates for state
senator or county officer, one hundred dollars; candidates for
representative to the general court, twenty-five dollars.

NEWSPAPER ADVERTISING.

SECT. 6. No person shall publish or cause to be published in
a newspaper or other periodical, either in its advertising or read-
ing columns, any paid matter which is designed or tends to aid,
injure, or defeat any candidate for public office, or a consti-
tutional amendment, or any other question submitted to the
voters, unless the name of the' chairman or secretary, er the
names of two officers of the political or other organization
inserting the same, or the name of some voter who is respon-
sible therefor, with his residence and the street and number
thereof, if any, appear in the nature of a signature. Such
matter inserted in reading column shall be marked at the
beginning thereof in black faced Roman capitals: "Adver-
tisement. Paid for by (naming the person or committee
paying for the same). Price (truly stating the cost af said

advertisement) $...,.......,...,.,„„. „..,„...** Any person who

violates, or in any way knowingly aids or abets the violation
of, any provisions of this section, shall be punished by a fine
of not more than one hundred dollars, or by imprisonment
for not more than sixty days.

USE OF OTHER PRINTED MATTER.

SECT. 7. (a) No person or committee shall mail, give away,
or distribute any letter, circular, or other written or printed
matter not contained in a newspaper or other publication
printed and published within this state, which is designed or
tends to aid, injure, or defeat any party, principle, measure
or person to be voted for at any election, or wherein the
merits of any such party, principle, measure, or person shall
be discussed, unless the same shall be signed by such person
or committee, or shall bear printed or stamped thereon a true
statement showing at the expense of what person or persons or
committee the same is mailed, given away or distributed.

(b) Any person who shall violate any provision of this sec-
tion shall be punished by a fine or not more than fifty dollars.

MISUSE OF BALLOTS.

SECT. 8. No person at any election shall apply for a ballot
in the name of another person, whether such other person be
living or dead, nor in the name of a fictitious person, nor shall
a person having voted once at any election apply at the same
election for a ballot in his own name.

SOLICITATION OF CANDIDATES.

SECT. 9. No person shall solicit or invite any contribution,
subscription, or payment from any person who is a candidate
for election to, or, prior to the expiration of his term of office,
from any person who has been elected to, the office of gov-
ernor, United States senator, representative to congress,; coun-
cilor, state senator, or representative to the legislature, or from
any political committee, for himself, or for any fraternal or-
ganization, labor organization, lodge, secret society, club, or
similar organization, nor shall any person solicit or invite any
such candidate or elected person or political committee to buy

ticket! to any entertainment or ball, or for the aid ef any
such organization, or to pay for space or advertising in any
book, program, or publication, and no candidate or committee
shall make any such contribution, subscription, payment, or
purchase. Any candidate or committee or any person violating
any provision of this section shall be fined not exceeding one
hundred dollars.

ADVERTISING RATES.

SECT. 10. No candidate or committee shall pay to any daily
newspaper or class publication any rate for political advertise-
ment in excess of what is regularly charged by such news-
paper or publication for commercial advertising occupying the
same space and position and running the same length of time.

PUBLICITY OF EXPENDITURES.

SECT. 11. Instead of the publication of campaign expendi-
tures provided by chapter 101, Laws of 1911, in the case of
candidates for governor, United States senator, representatives
to congress, and by state committees, a candidate may deliver
to the secretary of state a copy of the statement of expendi-
tures provided for by said chapter for each candidate opposing
the candidate so filing, and a state committee may deliver to
the secretary of state a copy of such statement for the state
committee of each other political party, which copies shall be
delivered by the secretary of state, upon request, to the
candidates and committees for whom they are made.

COMPLAINTS AND PROSECUTIONS.

SECT. 12. (a) Any person voted for at an election for any
office, or any reputable "voter, may make complaint in writing
to the attorney-general of any violation of any of the provisions
of this act. All complaints so made shall be treated as con-
fidential communications. Upon the receipt of any such com-
plaint, if it shall appear that the act complained of, if com-
mitted, was of a serious and deliberate nature, it shall be the
duty of the attorney-general, through a county solicitor or eome
other representative, to investigate the complaint, and if
sufficient cause for a prosecution is found, to commence forth-

with a prosecution and prosecute the same to final judgment.
If, in the opinion of any person making complaint as aforesaid,
the family, business, or political connection of the county
solicitor of the county in which the offense complained of was
committed are such as to make it unlikely that he will act
diligently and earnestly in any prosecution therefor, the person
complaining may state such facts to the attorney-general, and
his communication shall be held confidential.

(b) If the attorney-general believes that the county solicitor
in any county will be hampered by any existing facts or cir-
cumstances, and in any wise prevented from vigorously prose-
cuting any respondent complained against for violation of any
provision of this law, • or that the service of more than one
attorney in any prosecution would be in the interest of the
state, he shall have authority to employ and assign to conduct,
or assist in conducting, such prosecution a county solicitor from
some other county, or to employ and assign some attorney not
a county solicitor. Such county solicitor or other attorney shall
be allowed reasonable compensation, to be approved by the
governor and council and paid from the treasury of the state
out of any money not otherwise appropriated.

COMMITTEE TREASURERS.

SECT. 13. Each committee shall have a treasurer who thall
be a citizen of this state, who shall receive and pay out all
money handled by the committee. For any failure to make
any statement of receipts and expenditures of the committee as
required by law, the treasurer shall be guilty. If there is no
treasurer, or if he fails to make report, it shall be the duty
of each member of said committee who receives or pays out
any money on behalf of said committee to make said report or
cause the same to be made, and for failure on his part to file
such report he shall be guilty. For any unlawful expenditure
or act of a committee, any member of said committee who
made or permitted the same, in whole or in part, or who
consented thereto, or who aided, abbetted, or conspired to make
or perform the same, shall be guilty thereof.

DISTRIBUTION OF THIS ACT.

SECT. 14. The secretary of state shall give or send by mail
a copy of this act to each person who shall file a declaration
of candidacy before any primary, or on behalf of whom pri-
mary petitions or a primary certificate shall be filed; but any
failure so to do shall be deemed neglect of duty, and not an
offense rendering said official liable to the penal provisions of
this act.

EXAMINATION OF RETURNS.

SECT. 15. It shall be the duty of the attorney-general to
examine the returns of election expenses which are made
to the secretary of state by candidates and committees, and
to compel such returns to be made in form and substance to
comply with the law.

SECT. 16. Any person who shall violate any of the provisions
of this act shall be deemed guilty of a corrupt practice, and,
except as some other penalty is elsewhere herein provided,
shall be fined not less than one hundred dollars nor more
than five hundred dollars, or imprisoned not less than six
months or not more than one year, or both.

SECT. 17. Any expenses incurred by the secretary of state
or the attorney general in carrying out the provisions of this
act shall be paid from the treasury of the state.

Political Advertising

LAW. 1911, CHAP. 106, SECTION 1. No person shall publish
or cause to be published in a newspaper or other periodical,
either in its advertising or reading columns, any paid matter
which is designed or tends to aid, injure or defeat any can-
didate for public office, or a constitutional amendment or any
other question submitted to the voters, unless the name of the
chirman or secretary, or the names of two officers of the poli-
litical or other organization inserting the same, or the name
of some voter who is responsible therefor, with his residence
and the street and number thereof, if any, appear in the
nature of a signature. Such matter inserted in reading columni

•hall be preceded or followed by the word Advertisement in
a separate line, in type eet smaller than that of the body
type of the newspaper or other periodical.

SECT. 2. Any person who violates, or in any way knowingly
aids or abets the violation of any provisions of this act, shall
be punished by a fine of not more than one hundred dollars,
or by imprisonment for not more than sixty days.

Campaign Contributions by
Corporations

LAWS 1911, CHAP. 109, SECTION 1. No corporation, incor-
porated under the laws of or doing business in this state and no
officer, director, agent or employee of and acting in behalf
of such corporation shall pay or contribute or authorize or
direct to be paid or contributed any sum of money or any
check, draft, note or other article of value, to any political
party, committee or to any individual or corporation for the
purpose or with the intention of having such money or any
part thereof or such check, draft, note or other article of value
or any part thereof expended or used for the purpose of aid-
ing or promoting, or of preventing or opposing the nomination
or election of any person to public office established by or
under the authority of the constitution or laws of this etate or
of the United States, or expended or used for the purpose of
promoting or antagonizing the interests of any political party.

SECT. 2. No person shall solicit or receive the payment of
any sum of money or the delivery of any check, draft, note or
other article of value for the purposes specified in the preced-
ing paragraph, from any corporation incorporated under the
laws of or doing business in this state or from any officer,
director, agent, or employee of such corporation and on its
behalf.

SECT. 3. Any corporation violating any of the provisions of
this act shall be punished by a fine of not exceeding three
thousand dollars for each offense; and any individual violating
any of the provisions of this act shall be punished by a fine
of not exceeding one thousand dollars or by imprisonment not
exceeding six months.

71
Warning Town Meetings

P. S., CHAP. 41, SECTION 1. A meeting of every town shall
be holden annually on the second Tuesday of March lor the
choice of town officers and the transaction of all other town
business. A town meeting may be warned by the selectmen,
when, in their opinion, there shall be occasion therefor.

SECT. 2. The warrant for any . town meeting shall be under
the hands of the selectmen, and shall prescribe the place, day
and hour of the meeting. The subject-matter of all business
to be there acted upon shall be distinctly stated in the war-
rant, and nothing done at any meeting, except the election of
any town officer required by law to be made at such meeting,
shall be valid unless the subject thereof is so stated.

SECT. 3. The selectmen, upon the written application of ten
or more voters, or one sixth of the voters in town, shall insert
in their warrant for the biennial, annual, or any other meet-
ing, any subject specified in such application, or shall warn
a meeting therefor, if requested in such application .

POSTING WARRANTS.

SECT. 4. The selectmen may address their warrant to the
inhabitants of the town qualified to vote in town affairs, in
which case they shall post an attested copy of such warrant at
the place of meeting, and a like copy at one other
public place in the town, fourteen days before the day of
meeting.

SECT. 5. Warrants for town meetings may be directed to a
constable of the town, requiring him to notify the inhabitants;
and such constable shall post an attested copy of such warrant,
as provided in the preceding section.

SECT. 6. Any town may, by vote, prescribe a different
method of warning meetings; and the meetings warned in
pursuance of such vote shall be legal and valid.

SECT. 7. The selectmen or the constable serving any warrant
shall return the same, at the time and place of meeting, with
a certificate of the service thereof, to the town clerk; or, in
his absence, to one of the supervisors.

SECT. 8. In case of the death or removal of any of the
selectmen of a town, the major part of those who remain in
office shall have power to warn meetings.

SECT. 9. If the selectmen unreasonably neglect or refuse to
warn a meeting, or to insert any article in their warrant, a
justice of the peace, upon application in writing of ten or
more voters, or of one-sixth part of the voters of such town,
may issue a warrant for such meeting.

SECT. 10. If the biennial or annual meeting in any town
shall not have been held, or if there has never b'een any legal
meeting of the town, or if, by reason of death, removal from
the town, disability, or resignation of the board of selectmen,
no member of the board remains in office, a justice of the
peace, on application of ten voters, or of one-sixth part of
the voters of the town, may issue a warrant for such meeting.

SECT. 11. The warrant of a justice of the peace for a town
meeting shall be under his hand, directed to a constable of the
town, if any there be, otherwise to one of the voters applying;
•hall specify the time, place, and object of such meeting, and
shall be served and returned in the same manner as warrants
issued by selectmen.

SECT. 12. If selectmen neglect to issue a warrant for the
holding of any meeting for the choice of state, county, or town
officers, electors of president and vice-president of the United
States, and representatives in congress, or neglect to cause
copies of such warrant, if not directed to a constable, to be
duly posted, or notice of such meeting to be given, agreeably
to any vote of the town, they shall for each offense be fined
fifty dollars, for , the use of the town.

Government of Town Meetings

P. S., CHAP. 42 (as amended), SECTION 1. At the biennial
election to be holden in November, eighteen hundred and
ninety-two, and at every biennial election thereafter, a 'moder-
ator shall be chosen by ballot, by a plurality of votes, who
shall hold office from the close of the meeting at which he is
chosen until the close of the meeting at the next succeeding
biennial election.

SECT. 2. In case of vacarufy in the office, a moderator shall
be appointed by the board of supervisors of check-lis*s of said
town or ward where such board exists or by the selectmen of
said town or ward where there is no board of supervisors of
check-lists.

SECT. 3. If the moderator is absent from any meeting or be
unable to perform his duties a moderator pro tempore chall
be appointed as provided in section 2.

SECT. 4. Whenever there is a vacancy in the office, or the
moderator is absent from a meeting, or is unable to perform
his duties, the chaiwnan of the board of supervisors, or, in
his absence, one of the other members of the board, in the order
of their election, or, if no supervisor is present, the town
clerk shall preside until a moderator is chosen and shall have
the powers and perform the duties of moderator.

SECT. 5. The moderator shall preside in the town meetings,
regulate the business thereof, decide questions of order, and
make a public declaration of every vote passed, and may
prescribe rules of proceeding, but such rules may be altered
by the town.

bEcr. 6. When any vote, other than by ballot, declared by
the moderator or other officer presiding, shall immediately, and
before any other business is begun, be questioned by seven
or more of the voters present, the moderator or other officer
presiding shall make the vote certain by a poll of the voters.

SECT. 7. If any moderator or other officer presiding shall
willfully neglect or refuse to make any vote certain by a poll
of the voters, when required as aforesaid, or shall willfully
violate or neglect to enforce any rule of proceeding which
shall have been established by vote of the town or otherwise,
he shall for each offense, be fined not exceeding five hundred
dollars, or be imprisoned not exceeding six months.

TownfOfficers

P. S., CHAP. 43, SECTION 1. (as amended by Laws, 1921,
chap. 18). Every town, at the annual meeting, shall choose,
by ballot and by major vote, a town clerk, who shall record

all votes passed by the town while he remains in office, and
discharge all the duties of the office according to law. Every
person elected or appointed to the office of town clerk or
deputy town clerk shall, within six days after his election or
appointment, and before entering upon the duties of his
office, give bond, with sufficient sureties to the acceptance of
the town or the selectmen, for the faithful performance of his
official duties, in form like that of county officers, and in
default thereof the office ahail be vacant so that said section
as amended shall read: SECTION 1. Every town, at the annual
meeting, shall choose, by ballot and by major vote, a town
clerk, who shall record all votes passed by the town while he
remains in office, and discharge all the duties of the office
according to law. Every person elected or appointed to the
office of town clerk or deputy town clerk shall
within six days after his election or appointment,
and before entering upon the duties of his office, give
bond, with sufficient sureties to the acceptance of
the town or the selectmen, for the faithful performance of hia
official duties, in form like that of county officers, and in
default thereof the office shall be vacant.

Nothing in this act shall be construed as repealing chapter
129 of the Laws of 1919, which provides that town officers
shall be elected by plurality vote in towns which have adopted
the Australian ballot system.

LAWS 1921, CHAP. 17. SECTION 1. Every town, at the annual
meeting in 1921, shall choose, by ballot and by major vote,
three selectmen, one to hold office for three years, one for two
years and one for one year, and thereafter at every annual
meeting one selectman shall be so chosen to hold office for
three years. The selectmen shall manage the prudential
affairs of the town and perform the duties by law prescribed.
A majority of the selectmen shall be competent to act in all
cases. Provided, however, that such elections shall be by
plurality vote in towns which under existing statutes elect such
officers in that manner.

SECT. 2. Vacancies in the board shall be filled by the re-
maining selectmen. Such selectmen thus chosen shall hold
office until the next arnual meeting of the town.

P. S., CHAP. 43, SECT. 6. Any town may choose assessor*,
by ballot and by major vote, who shall constitute, with the
selectmen, a joint board for the assessment of taxes; and all
questions arising at such board shall be decided by major vote
of the members thereof.

SECT. 17. Every town, at the annual meeting, shall choose a
treasurer by ballot and by major vote.

LAWS 1919, CHAP. 129, SECTION 1. In towns which have
adopted the Australian ballot system for the election of town
officers, a plurality vote shall elect. This act shall be opera-
tive only in such towns as vote to adopt its provisions after
due notice of such contemplated action having been given in
the town warrant.

City and Ward Officers

P. S.. CHAP. 46. SECT. 4. Each ward into which a city may
be divided by law, or in pursuance of law, shall be a town
for the purpose of the election of governor, councilor, senator,
representative to the general court, all county officers, repre-
sentative in congress, and electors of president and vice-presi-
dent of the United States, and in all matters relating to
jurors.

SECT. 5. The qualifications of voters in such wards shall
be the same as in towns, and check-lists of voters shall be
prepared and used in all elections there, as in towns.

SECT. 9. In all elections of city and ward officers, the
person having the highest number of votes for any office
shall be elected; and if a number of persons greater than the
number to be chosen shall severally receive the largest and an
equal number of votes, so that no choice is made, the balloting
shall be continued till the requisite number of persons shall be-
chosen; but no balloting shall be begun between sunset and
sunrise.

SECT. 10. The wavd clerk shall record the votes and pro-
ceedings of all ward meetings, shall enter upon the record the
names of all persons voted for, and the number of votes

given for each, in words, at length ; and shall, within seven
days after any meeting of the ward, deliver to the clerk of the
city in which the ward is situated a certified copy of the
record of the meeting, which copy shall be preserved as a
part of the records of the city. He shall receive for euch
copy the sum of one dollar.

Election of Mayor

P. S., CHAP. 47, SECTION 1. The qualified voters in each
ward, at the meeting for the choice of city and ward officers,
shall give in to the moderator their votes for a mayor of the
city, which shall be received, sorted, counted, and declared,
and a record thereof made in the same manner as votes for
senators; and a copy of the record, certified by the moderator,
a majority of the selectmen, and the ward clerk, shall be
delivered by the ward clerk to the city clerk withjn twentv-
four hours after the meeting.

Election of Aldermen

P. S., CHAP. 48, SECTION 1. There shall be chosen in each
ward, at the regular meeting thereof, by ballot and by plurality
of votes, so many aldermen and common councilmen as shall
be authorized by law or ordinance. If the choice of alder-
men, common councilmen, and ward officers cannot be con-
veniently completed on that day, the meeting may be adjourned
from day to day to complete the choice.

SECT. 2. The clerk shall, within twenty-four hours after
such choice, deliver to each person chosen alderman or com-
mon councilman a certified copy of the record of his election,
signed by himself, the moderator, and a majority of the
•electmen.

STATE OF NEW HAMPSHIRE

Joint Resolution relating to the calling of the con-
stitutional convention.

Resolved by the Senate and House of Representatives
in General Court convened:

That the officers of the towns and cities of this
state who are by law required to warn meetings for
the election of state senators shall expressly insert in
the warrants calling a meeting for the next election
of senators an article which shall provide for taking
the sense of the qualified voters of the state on the
subject of a revision of the constitution during the
year 1924; and the secretary of state ghajl so prepare
the ballots which shall be used at said election that an
opportunity shall be given for an expression of the
sense of the voters upon the question-
Approved May 4, 1923.

INDEX

Aldermen, election of 76

Advertising, political 67

Ballot inspection 43-44

inspectors 32

law commission 27

at biennial elections 28-32, 41-44

at primary 16-17

counting of 36-37

defective 36

preservation of 42 43

Booths, voting 33

Bribery at elections 60

Canvass of votes 20

Caucuses 24-25

Certificates of nomination 25

Challenging of voter 57-58

Check-list 5-11

City nominations ••.. 27

officers 75 76

Clerks, city and town 13, 16, 22, 55

Congressman, declaration of candidacy 13-14

election of 50 51

primary petitions for 15-16

Corporations, contributions by 70

Corrupt practices at elections 63-69

Councilors, declaration of candidacy 13-14

election of 48-49

primary petitions for 15-16

County officers, declaration of candidacy 13-14

election of 51-52

primary petitions for 15-16

Declarations of candidacy 13-14

Direct primary law 11-24

Elections, biennial 24-38, 41-44

Expenditures, political .60-63. 64-66

Fees of candidates 13-14

election recount 44

primary recount 21

Governor, declaration of candidacy 13

election of 48-49

primary petitions for 15-16

Mayor, election of 76

Moderator, declaration of candidacy 13-14

Nominations by petition : 15-16, 23

Party conventions 23

delegates to 14

enrollment 17-19

Political parties recognized 24

Polls, opening and closing 34

Precincts, voting 38-40

President, electors of 47-48

Presidential primary 44-47

Publicity of political expenditures 60-63

Purity of elections 54-60

Recount, election 43-44

primary 21-22

Reprssentatives in Congress 50-51

to General. Court 53

declarations for 13-14

petitions for 15-16

Senator, state, declaration of candidacy 13-14

election of 48-49

primary petitions for 15

United States 49

Supervisors 5-9

declaration of candidacy 13-14

primary petitions for 15-16

Town meetings 71-72

officers 73-74

Vacancies, how filled 1 22-46

Voters, qualifications of 3-5

Voting, manner of , 34-35. 41-42

ivil47

THE UNIVERSITY OF CA

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