Primary and general election laws of the state of Oklahoma

GIFT OF

MOV 5

Primary and General

ELECTION LAWS

OF THE

State of Oklahoma

Authorized by the
STATE ELECTION BOARD

BEN W. RILEY, Chairman

E. $. HAINES

JOE S. MORRIS, Secretary*

PRINTERS PUB. CO.ffgBigapjfeaOKLAHOMA CITY

Grandfather Clause

Section 4a. No person shall be registered as an
elector of this State, or be allowed to vote in any elec-
tion held herein, unless he be able to read and write any
section of the Constitution of the State of Oklahoma; but
no person who was, on January 1st, 1866, or at any time
prior thereto, entitled to vote under any form of gov-
ernment, or who at that time resided in some foreign
nation, and no lineal descendant of such person, shall be
denied the right to register and vote because of his in-
ability to so read and write sections of such Constitution.

Precinct election inspectors having in charge the
registration of electors shall enforce the provisions of
this section at the time of registration, provided regis-
tration be required. Should registration be dispensed
with, the provisions of this section shall be enforced by
the precinct election officers when electors apply for
.ballots to vote. (Amendment, initiated by the people
and adopted at an election held Augusts 2, 1910. The
Governor's Proclamation, announcing the result, was
issued October 6, 1910.)

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293011

House Joint Resolution No. 3

R

ATIFYIN'G a proposed amendment to the Constitution of the
United States for the election of United States Senators by
the people of the several states.

Be it Resolved by the Legislature of the State of Oklahoma:

That the joint resolution which passed the House of Represent-
atives on April thirteenth, 1911, and passed the Senate on June
twelfth, 1911, proposing an amendment to the Constitution of the
United States providing that Senators shall be elected by the people
of the several states, is hereby ratified as follows:

That in lieu of the first paragraph of "Section Three, Article
One," of the Constitution of the United States, and in lieu of so
much of "Paragraph Two" of the same section as relates to the
filling of vacancies, the following be proposed as an amendment to
the Constitution which shall be valid to all intents and purposes as
part of the Constitution when ratified by the Legislatures of three-
fourths of the States:

"The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for six
years; and each Senator shall have one vote. .The electors in each
State shall have qualifications requisite for electors of the most
numerous branch of the State Legislatures."

When vacancies happen in the representation of any State in
the Senate, the executive authority of such shall issue writs of
election to fill such vacancies;"

"Provided, That the Legislature of any State may empower the
executive thereof to make temporary appointments until the people
fill the vacancies by election as the Legislature may direct."

"This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid as
part of the Constitution."

Passed the House of Representatives February 12, 1913.
Passed the Senate February 24, 1913.
,Annrovd March 5, 1913.

A Bill

TO BE ENTITLED AN ACT RELATING TO PRIMARY AND

GENERAL ELECTIONS, PRESCRIBING PENALTIES FOR

THE VIOLATION OF THE PROVISIONS THEREOF, AND

CONSOLIDATING THE OFFICES OF SECRETARY OF THE
STATE ELECTION -BOARD, AND SECRETARY OF THE STATE

SENATE, AND REPEALING CERTAIN SECTIONS OF THE
EXISTING LAW.

•
Be it Enacted by the People of the State of Oklahoma:

Section 1. A State Election Board is hereby created to consist
of three qualified electors, not more than two of whom shall belong
to the same political party. The Secretary of the State Senate shall
be the Secretary of the State Election Board, and shall at the con-
vening of each session of the Legislature, be elected by a majority
of the members elected to and constituting the State Senate, and
shall hold said office until the next regular session of the Legisla-
ture, or until his successor is elected and qualified. The Secretary 01
he Senate shall take -and subscribe the constitutional oath of office
and shall give bond to the State in the sum of Five Thousand Dollars
for the faithful discharge of the duties of such office. In case of a
vacancy in the office of Secretary of the State Election Board during
such time as the Senate may not be in session the President Pro
Tempore, of the State Senate, shall appoint his successor, who shall
serve until his successor shall be elected as provided herein, at the
next regular or special session of the Legislature or State Senate.
The Board shall choose its own Chairman, -and said Board shall exer-
cise such powers, perform such duties and receive such compensa-
tion as is provided in this act.

Section 2. The members of the County Election Board that have
heretofore been appointed shall hold office until July 1, 1913, when
their term of office shall expire, and the State Elecetion Board cre-
ated by this -act shall proceed immediately to appoint county election
boards in th© various counties of this State.

Section 3. The Secretary of the Senate shall be Chief Clerk of
the Senate during the regular and extraordinary sessions of the
Legislature, and at extraordinary sessions of the Senate, -and shall
perform such duties therein as may be required by the Senate, in-

eluding the. publication .of r the jpefittanent Senate journal, and the
Session Ljt^s*, » •* : J* * » 1 * ' 1 *. . „ : •.* •• . - . >'

Section 4. The State Central Committee of the two political
parties casting the highest number of votes at the last general
election for state officers shall have the privilege of selecting and
presenting to the Governor, during the first thirty days after the
passage of this Act, the name of as many as five electors, from
which said committee may request the Governor to name one which
shall be the representation to be accorded to its part upon said
election board, and every two years thereafter such State Central
Committee shall have the privilege of selecting and presenting to
the Governor such list of five electors for the purpose aforesaid;
provided, such lists be presented to the Governor not later than ten
days after the second Monday of January, 1915, and each two years
thereafter. When the State Central Committee of a political party
so submits a list of electors, the Governor may select one which
shall be the representation allowed sucn political party, from such
list. Such appointment shall be made one each from the two dom-
inant political parties by and with the advice and consent of the
Senate. If any poilitcal party fails or refuse, to submit a list of
nominees as herein provided, the Governor, may, notwithstanding
such failure or refusal, appoint a representative of such party to
membership upon the State Election Board. The State Election
Board shall always consist of three members.

Section 5. The members of the State Election Board except
the Secretary shall receive as compensation for their services, the
sum of six dollars per day each and actual hotel and traveling ex-
penses; provided, that the per diem herein provided for shall only
be allowed for days actually engaged in the duties of the office,
and in going to and from the place of meeting; and provided, fur-
ther, that in no case shall a member of the board, except the secre-
tary, be allowed compensation for more than fifty days each year,
or one hundred days during the term. The Secretary shall receive
as compensation for his services the sum of Twenty-one Hundred
Dollars per annum, to be paid monthly. He shall supervise the
making and caring for the record of the office in addition to such
other duties ras may be imposed upon him by the^ Board. The State
Election Board shall maintain an office at the State Capitol con-
tinuously with the Secretary in charge.

Section 6. Section 1, 2, and 2a, Ch. 106, Session Laws, 1911,
is hereby repealed.

Section 7. The State Election Board shall have the -authority to
remove at any time any member of the County Election Board, and
the County Election Board shall have authority to remove at any
time any member of the Precinct Election Board; said 'authority to
be exercised at the will of said Election Board or said County
Election Board respectively.

Section 8. The inspector of each precinct shall return and
deliver to the Secretary of the County Election Board the ballot
box within forty-eight hours after the closing of the polls at any
general election or primary nominating election.

Section 9. Defininition of Party — A political party is an affilia-
tion of electors representing any political organization which, at
the next general election preceding, polled for Prescient or Gov-
ernor at least five per centum of the entire vote cast for either of
said respective officers, or any such political organization which may
have polled at least ten per centum of the vote of as many as three
other States at the last election held in such States. Such political
parties shall nominate their candidates -as all other political parties
and be governed by laws regulating the same. And such political
party shall in no way use or conflict with the name of other political
parties in the State. When such political parties fail to receive at
two general elections following each other ten per centum of tl^
vote cast for the party receiving the highest number of votes, it
ceases to be a party. At the primary election held in August. Nine-
teen Hundred Fourteen, any party which has a national recognition
as -a party shall be recognized as a political party in Oklahoma.

Section 10. Persons Qualified to Vote in Primary — All persons
who are qualified electors In this State or who may become such at
the first election following such primary, may vote in any primary
election; provided, that no person shall assist in the nomination of
more than one political party. Provided, every person who is known
to be a member of any political party seeking to make nominations
at said election the election officers shall permit such elector to
assist in the nomination of candidates for such party. Any elector
not known to the Judges, or known by them to have previously
affiliated with some party other than that in which he now desires
to participate in the selection of candidates, or who may be chal-
lenged, as to party affiliations, shall be permitted to vote with
such party only upon taking an oath that he is in good faith a
member of the political party whose candidates he now seeks to
assist in nominating, and with which he may be registered, or that
it is his intention to support the nominees of the party In which he
desires to participate at the coming regular election. Such affidavits
shall be substantially in the following form:
"State of Oklahoma, County, SS.

I the undersigned, do solemnly swear, (or

affirm) that I am in good faith a member of the

party whose candidates I now seek to assist in nominating.

Subscribed and sworn to before me this day of

191

"Precinct Election Inspector."

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State of Oklahoma, County of , SS.

I, the undersigned, do solemnly swear (or affirm) that I desire
to affiliate with the ' party, and that it is my inten-
tion to support the nominees of the said party in which I now
desire to participate at the election 191

Subscribed and sworn to before me this day of

19

"Precinct Election Inspector."

Section 11. The contract for the printing of all primary election
ballots, whether state, district, city or county, shall provide that
the names of all candidates for each of the various offices shall be
so arranged and printed thereon, so that each name will appear at
the head of the list of candidates for each office on said ballots
on the total number of ballots an equal number of times with each
other name, and each name shall appear second on said ballot for
each said office an equal number of t imes with each other
name, and likewise, third and fourth to the end that the
name of each candidate shall appear on said ballot in such position
as will insure said candidate an equal opportunity with each other
candidate; and the Election Board shall cause said primary election
ballots, arranged as provided herein, to be printed in such numbers,
as is provided by law, and shall cause said ballots, so arranged and
printed, to be distributed among the various precincts so as to
carry out the intent of this section.

Section 12. Penalty for Official Misconduct — If any Inspector,
Judges, or Clerk of) any general or primary election, or other offi-
cers or persons on whom any duty Is enjoined by law, shall be
guilty of 'any wilfull neglect of. duty, or of any corrupt conduct in
the discharge of same, such Judge, Inspector, Clerk, Officer or other
person, shall be deemed guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment in the penitentiary not
less than one year, or more t£an five years, or by imprisonment in
the county jail not less than three months nor more than one year.
Section 13. Stealing Ballot Box and Other Frauds, by Persons
or Election Officers — Any person or members of any committee, or
watcher, or any inspector, clerk, judge, or other officer of any gen-
eral or primary election who is guilty of stealing ,wilfully and wrong-
fully breaking, destroying, mutilating, defacing or unlawfully remov-
ing or securing or detaining the whole or any part of any ballot
box, or any record, primary poll book, tally sheet, or any copy
thereof, oath, return, or any other paper or document, provided for
by the laws of this State, or who shall fraudulently make an entry,
erasure, or alteration therein, except as allowed and directed by the
laws of this State, or who permits any other person to do so, shall,
upon conviction thereof, be punished by imprisonment in the peni-
tentiary not less than one year, nor more than five years, or by im-

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prisonment in the county jail not less than three months nor more
than one year.

Section 14. Penalty to Deface Ballots, Tally-Sheets or Ballot Box
—Whoever wilfully and wrongfully shall take or carry away from
the place where it has been deposited for safe keeping, or deface,
mutilate, or change any general or primary ballot, tally sheet or
ballot box, or any name or figure therein or thereon, shall, upon
conviction thereof, be punished by imprisonment in the penitentiary
not less than one year nor more 'than five years, or by imprison-
ment in the county jail not less than three months nor more than
one year.

Section 15. Offense for False Returns or Canvass — If any person
whose duty it is to canvass the returns or to make or tabulate a
statement who shall be deemed guilty of fraud, corruption or mis-
behavior, or of violating any of the laws of this State in canvassing
the returns or making tabulated statement thereof or issuing false
certificates, he shall, upon conviction thereof, be punished by im-
prisonment in the penitentiary not less than one year nor mbre than
five years, or by imprisonment in the county jail not less than
three months nor more than one year.

Section 16. Repeating and Illegal Voting — Penalties — Whoever
votes more than once at any general or primary election, or offers
to vote after having once voted at such general or primary election,
or knowing that he is not a qualified elector at a general or primary
election, wilfully votes at such general or primary election, shall,
on conviction thereof, be fined in the sum not exceeding one thousand
dollars, or be imprisoned in the county jail not exceeding one year,
or both such fine and imprisonment, in the discretion of the court,
and disfranchised for ten years.

Section 17. Violation of Duty by State or County Election
Board. — Any member of the State or County Election Board of a
general or primary election who shall wilfully violate any of the
provisions of law relating to canvassing the results of any election
shall be punished by imprisonment in the penitentiary not less
than one year nor more than three years.

Section 18. Changing Elector's Ballot. — Whoever fraudulently
and deceitfully changes the vote or ballot of any elector, by which
such elector shall be prevented from voting such ballot, or for such
person as he intended, shall be punished by imprisonment not
exceeding six months, or by a fine not exceeding one hundred dollars.

Section 19. Penalty for Disclosing How an Elector Votes. — Any
election officer who shall disclose how any elector may have voted,
unless upon a trial in a court of competent jurisdiction he may be
so required, shall be fined not less than ten nor more than one
hundred dollars.

Section 20. Unlawful Acts in General and Primary Elections. —
If any person in any manner disturbs the orderly proceedings of

any such general or primary election or intimidates or in any
manner attempts to intimidate or deter from voting, or imposes, or
attempts to impose, any duly authorized voter, a ticket or ballot
other than it appears on its face to be, such person, or persons, shall
be fined not less than ten dollars or be imprisoned for not more than
three months.

Section 21. Destroying Ballots. — Whoever on any day between
the commencement of any general or primary election and the close
of and canvass thereof, by the officers, fraudulently destroys any
of the ballots given and received at said election, or takes away
or abstracts rom any ballot box any of the ballots so given or re-
ceived, or puts into such box any ballots except such as are properly
voted by the electors, or in any manner wilfully intermingles with
the ballots which shall have been voted by the electors, any other
ballots or tickets, which shall hot have been duly received by the
election officers during the election, shall be punished by imprison-
ment in the State prison not less than one year nor more than
three years.

Section 22. False Swearing to Elector's Qualifications. — Who-
ever is guilty of wilfull and corrupt false swearing, or affirming,
where interrogated as to his qualification as an elector, at any
general or primary election, or when his testimony may be required
in any contested election, or whoever wilfully and corruptly pro-
cures another person to swear or affirm falsely as aforesaid, shall
be guilty, of a felony.

Section 23. Casting Illegal Ballot — Whoever casts knowingly
an illegal vote at any primary or* general election in this State, held
according to law, shall be guilty of a felony, and be disfranchised for
ten years.

Section 24. Election Precincts. — The election precincts provided
by the Oklahoma State Election Law and the inspectors, judges,
clerks and blanks and supplies at the polling places provided by
said law shall be the same for the primary nominating elections, and
it shall be the duty of the inspectors, judges and clerks so provided
to act as such at all primary nominating elections; provided, it shall
be the duty of the various county election boards to create, alter,
divide or discontinue voting precincts as in their judgment is best
and proper, under the limitations of number of voters now provided
by law for each precinct, and the Secretary of such board shall
keep in a bound book a complete record of the boundary of each
precinct, the name of the voting place therein, the number of votes
cast and the date thereof. All boundary lines outside cities and
incorporated towns shall follow section lines as nearly as practicable,
but no precinct line shall cross the boundary line of any con-
gressional, legislative or commissioners district; provided, that the
territory of the voting precinct may extend beyond the boundary

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lines of incorporated towns or cities, if the County Election Board
deems it advisable.

Section 25. Election Certificates. — At any primary or general
election when the callers announce the vote the enumrators shall
call the number aloud, keeping check on each other, and when the
count is completed the two tally sheets shall be signed by the four
counters. The four counters shall then fill out the certificates in
the back of the book of ballots without detaching it from said back,
and they shall also make out at least five duplicates of such certifi-
cates. Each certificate shall have only the total of each candidate's
votes, arid that shall be written with pen and ink, in words and
figures. Each certificate shall be signed by each of the four counters
and sworn to before the inspector of elections and when properly
certified and sworn to shall be prima facie evidence of the correct-
ness of the precinct vote. One of said certificates «o signed and
sworn to shall be kept by the Inspector of Elections, one shall .be
filed with the County Clerk, of the .County at the time the ballot
boxes are returned and delivered to the County Election Board, and
such certified copy shall become a permanent public record in the
office jof the County Clerk, and shall not be removed therefrom.
And within one hour after the count is completed the Election
Inspector shall cause one copy of such certificate to be posted in a
public place immediately outside of the polls for public inspection
and the other two copies shall constitute the returns.

Any person who shall deface, or remove the certificate posted
as provided in this section within twenty-four hours thereafter, or
any officer who knowingly fails, neglects or refuses to comply with
the provisions of this section, shall, upon conviction thereof be pun-
ished by imprisonment in the penitentiary not less than one year
nor more than five years, or imprisonment in the county jail not
less than three months nor more than one year.

Passed the House of Representatives, April 9, 1913.

Passed the Senate April 17, 1913.

Received by the Governor April 25, 1913.

Received in the office of Secretary of State, with no action
thereon by the Governor, at 4:10 o'clock p. m., May 1, 1913.

PRIMARY ELECTION LAWS

OF THE

STATE OF OKLAHOMA

ARTICLE I.

OFFICES FOR WHICH NOMINATIONS ARE TO BE MADE.

Section 1. Nomination by Primary — Non-partisan Candidates. —
Political parties in this state shall select or nominate their respect-
ive1 candidates for the various state, district, county, township and
precinct offices by a primary election as herein provided for and no
candidate's name shall be printed upon the official ballot for any
general or special election at which all or any of the state, district,
county, township or precinct officers are to be elected unless such
candidate shall have been nominated as herein specified; provided,
that this provision shall not exclude the right of non-partisan candi-
dates to have their names printed upon such official ballots as here-
inafter provided for. (L. 1909 Ch. 16, Art. IV, Sec. 1, took effect
March 25th, 1909, C. L. 1909, Sec. 3266.)

Section 2. Time of Holding Biennial Primary Election. Time of
Holding Special Elections to Fill Vacancy. — The first Tuesday in the
month of August of each and every even numbered year, beginning
with the year nineteen hundred eight, shall be the biennial primary
election day at which times each and every political party entitled
and intending to make nominations for the next general election
shall nominate their candidates for all elective offices and positions
enumerated in section one of this Act, to be filled at such general
election, and including United States senators: Provided, the nom-
inations for any special election, held for the purpose of filling a
vacancy in any office or offices caused by death, resignation or
removal, may be made by delegate convention, if, in the judgment of
the state election board, the time is too short in which to hold a
primary election, or the cost of holding the same would be excessive
or unnecessarily burdensome: Provided, that if special primary
elections are held to fill vacancies in the Legislature, they shall be
held on a day fixed by the Governor by proclamation, which procla-
mation shall be issued fifteen days before the day of such special
primary election.

Section 3, Appointment of Inspectors, Judges and Clerks;

Designation of Voitng Places. — The voting place in each precinct or
ward, and the inspector, judges and clerks shall be designated and
selected and advertised in the same manner as provided by law for
general elections, and all provisions of the general election laws not
inconsistent with this act, shall govern such primary election. (L.
19107-08, Ch. 31, Art. 2, Sec. 3. Took effect May 29, 1908. C. L. 1909,
Sec. 3268.)

Section 4. Ballots — Specifications. — The names of candidates of
the several political parties shall be printed upon separate ballots
and of different color. No party emblem or device shall appear
thereon, and no elector shall be permitted to vote for the nomina-
tions of candidates of more than one party in any primary election.
The ballots for primary elections shall be printed by the county
election boards as nearly in conformity with the provisions of the
general election law as may be. (L. 1909, Ch. 16, Art. 4, Sec. 4.
Took effect March 25, 1909, S. B. No. 5.)

Section 5. Sample Ballots. — No sample ballots shall be used dur-
ing or before primary elections, except they be exact duplicates of
the regular ballots for such election. They shall be printed at the
time the regular ballots are printed for such election, and shall be
upon paper of a color different from that used for the regular
ballots: Provided, that such sample ballots shall have printed upon
their face, and at the top, in letters at least one-half inch high, the
words, "Sample Ballots." Such sample ballots shall not have a
stub attached. (L. 1909, Oh. 16, Art. 4, Sec. 4-A. S. B. No. 5.)

Section 6. Election Supplies to be Furnished as in General
Elections — Each ward and voting precinct shall be provided with
ballot boxes, ballots, poll books, tally sheets, blanks for returns,
oaths and all necessary election supplies by the same officers in the
same way, anl all expenses of such primary election borne and paid
in the same manner as is now or may hereafter be provided by law
for general elections.

Section 7. Ballot Boxes to be Opened, Exposed to the Public
and Locked Before Polls Open — Watcher. — It shall be the duty of
the inspectors and judges of election immediately before the open-
ing of the polls to open the ballot boxes in the presence of the
people there assembled and to turn said ballot boxes upside down
so as to empty them of anything they might contain and then to
lock them securely, after which they shall not be reopened again
until they shall be opened for the purpose of counting the ballots
therein, and each political party shall have the right to place one
of its members at the polls as watcher during the whole time of
receiving and counting the ballots, who shall be selected by the corn-
mitteeman of such party in such ward or voting precinct. (L. 1907-
08, Ch. 31, Art. 2, Sec. 10. Took effect May 29, 1908, C. L. 1909. Sec.
3277.)

Section 8. Petitions of Candidates. — Any person desiring to

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become a candidate before primary elections for a political party
nomination shall petition the proper officials as hereinafter provided,
to have his name so printed upon such political party ticket and
this provision shall apply to non-partisan candidates. Such petition
shall be filed as hereinafter provided and shall be signed by the candi-
date; it shall give his place of residence, his postoffice address and
shall name the party before which he desires to become a candidate
and the date of the election. All nominating petitions for presi-
dential electors, United States senators, representatives in congress,
state officers, members of the senate and house of representatives,
district judges, and for all other offices for which the electors of
the entire state or sub-division thereof greater than a county, are
entitled to vote shall be filed with the secretary of the state election
board. All nominating petitions for county and township officers
or offices for which the electors of a sub-division of a county are
entitled to vote, shall be filed with the secretary of the county election
board. (Laws 1909, Ch. 16, Art. 4, Sec. 5, S. B. No. 5.)

Section 9. Nominating Petitions — When Filed of Non-Partisan
candidate. — Nominating petitions required by this Act to be filed with
the secretary of the state election board shall be filed not more than
one hundred days, nor less than forty days before the day fixed by
law for the primary election: Provided, that in a special primary
election, called by the proclamation of the Governor, nominating
petitions may be filed not less than ten days before the day fixed
by such proclamation for such special primary election nominating
petitions required by this Act to be filed with the secretary of the
county election board shall be filed not more than ninety days nor
less than thirty days before the day fixed by law for the primary
election. The name of a non-partisan candidate shall not be printed
upon the official ballot for the general election, unless a nominating
petition in conformity with the provisions of this Act shall have
been filed for such candidate, with the proper election board, within
the time prescribed by this section for the filing of nominating
petitions.

Section 10. -Notice of Offices for Which Candidates Are to Be
Nominated; Duty of Secretary of State Election Board; Duty of
County Election Board; of Precinct Election Inspector. — At least
fifty days before the time of holding such regular primary election,
the secretary of the state election board shall prepare and trans-
mit to the secretary of each county election board, a notice, in writ-
ing, designating the offices for which candidates are to be nominated
at such primary. Upon receipt of such notice the secretary of the
county election board shall within ten days after he has received
said notice from the secretary of the state election board, mail
written notices to the inspector of elections, in the various precincts
in which he shall state the names of all offices for which nominees,
are by law to be chosen at such precinct, specifying the -polling

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places, the date of such primary, aid the hours of opening and closing
the polls. Within ten days after the precinct election inspector has
received said notice from the secretary of the county election board,
he shall post in at least three conspicuous places in his precinct, a
notice specifying the polling places and date of said primary election,
with the hours of its opening and closing and the names of all
county and township offices, including party precinct committeemen
for which the several political parties shall nominate candidates.
All official notices calling county elections shall specify that the
same shall be for the nomination of candidates by all political par-
ties. (L. 1907-8, Ch. 31, Art. 2, Sec. 13. Took effect May 29, 1908,
C. L. 1909, Sec. 3280.)

Section 11. Method of Voting and Making Returns. — No ballot
shall be given an elector for the purpose of voting until the name
of the elector has been entered upon the poll book and the method
of voting shall be the same as in other elections. Returns of prim-
ary elections shall be made in the manner provided by the general
election laws. (L. 1909, Ch. 16, Art. 4, Sec. 7, S. B. No. 5.)

Section 12. Canvass and Return the Same as in General Elec-
tion— The ballots shall be counted and return made in such primary
election as is now or may hereafter be by law provided for general
elections and such primary elections shall in all respects conform to
the laws governing general elections, except as herein otherwise
provided, and all provisions of the laws governing general elections
not in conflict with this Act are hereby made applicable and put
in force herewith. (L. 1907-8, Ch. 31, Art. 2, Sec. 18. Took effect
May 29th, 1908, C. L. Sec. 3285, 1909.)

Section 13. Official Counters — Duties. — Official counters shall
be chosen as in general elections and shall perform the duties im-
posed in general elections; they shall make and sign a statement
giving the names of the persons voted for, the office for which each
sought the nomination, and the number of votes received by each,
fully certifying the results of such election such certificates shall be-
come a part of the official returns of such primary election. At
the close of any precinct count the official counters shall give a
certificate of the vote cast in the precinct for all candidates of a
political party to some person authorized in writing, by the chairman
of the county central committee, of such political party, or in case
such person is not present, to any person who is known to be of
the same political faith of such party. The returns shall be made
as in general elections to the county election board. When such
board has completed its tabulation of the precinct returns the person
having received the highest number of votes for any office in the
political party before which he was declared a candidate, shall be
declared the nominee for such office, and be given a certificate of
nomination for the same, which shall entitle him to have his name

—13—

placed on the official ballot at the ensuing election as the nominee
of such party for office. (L. 1909, Ch. 16, Sec. 20, S. B. No. 5.)

Section 14. Recount of Ballots. — Any candidate in a primary
election may challenge the correctness of the announced result
thereof by filing with the county election board, whose duty it is
to canvass the returns in such race, a verified statement setting
forth a state of facts which if true would change the result in his
favor thereupon it shall be the duty of such board to inspect <,.and
count ttte ballots questioned by such candidate within ten days after
he has filed his affidavit. Such board shall, upon the conclusion of
such recount, proceed to certify the result. (L. 1909, Ch. 16, Art. 4,
Sec. 21, S. B. No. 5.)

Section 15. Voter to Have Assistance in Making His Ballot;
Duty of Judges. — If any qualified voter, who cannot read or write
or is physically disabled, asks for assistance in marking his ballot,
two of the judges, who shall not belong to the same political party,
shall, go into the booth with him and shall mark his ballot as he
directs; and any judge who shall attempt to electioneer with such
voter or try to influence his vote, or shall mark the same contrary
to the directions of such voter, shall be guilty of a misdemeanor.
(L. 1907-08, Ch. 31, Art. 2, Sec. 22. Took effect May 29th, 1908. C. L.
1909, Sec. 3289.)-

Section 16. Offense and Penalties. — Every act declared to be
an offense by the general election law, shall be such under this act,
and any person found guilty of such offense shall be subject to
the penalties prescribed by such election law. (L. 1909, Ch. 16, Art.
4, Sec. 23, S. B. No. 5.)

Section! 17. Candidates in General Election Shall Comply With
This Article. — No person shall be allowed to become a candidate
in any general election unless he shall have complied fully and com-
pletely with the provisions of this article. (S. L.1907-08, Ch. 31, Art. 2,
Sec. 25. Took effect May 29, 1908, C. L. 1909, Sec. 3291.)

Section 18. Campaign Expenses; Names and Addresses of Per-
sons Through Whom Expended. — Candidates before any primary elec-
tion, for all offices for which the voters of more than a county have ,
the right to vote, shall file with the secretary of the state election
board, the name of each and every individual, with their post office
address, by, or through whom he has expended, or purposes to ex-
pend money in defraying the expenses of his campaign. Candidates
for office within the borders of a county shall file such names with
the secretary of the county election board. Should any candidate
determine not to authorize or appoint, any such person or persons,
to expend money, or other things of value, for him, in or during his
campaign, he shall, instead of filing such names, notify such election
board that he has not, and will not authorize any person to so act .
for him, but that he will in person, account for all the money, or
other things of value, expended in the interests of his candidacy.

—14—

Such list of names, or such information in lieu thereof, shall be at-
tached to, and accompany every such candidate's formal application
to have his name printed upon the official primary election ballot,
or shall have it filed with such secretary, if before the state board
in due time before the date fixed herein for the delivery of the
official copy of the ballot to the printer; and, in case it shall be
filed with the county election board, it shall be done before the" day
on which such board shall forward its report of candidates for such
primary election, to the secretary of the state board. Should any
candidate fail to file such names or information by the dates herein
specified, the county election board shall not certify such candidates
name to the state election board, and said board shall not cause or
allow to be printed upon the official ballots, vthe name of any can-
didates who has not filed such list or information.

Section 19. Statement of Campaign Expenses, When and Where
Filed; Blank Form for Same to Be Furnished by Secretary of State
Election Board; Form — Within ten days after any primary election,
all candidates therein shall prepare a carefully itemized statement,
setting forth each item in detail, with the cost thereof, showing
a full and complete record of his expenditures of money or other
things of value, including promises to pay money, or other things
of value, as well as all treats, presents, or favors which cost money,
or other thing of value, either present or future, which expendi-
tures, treats, promises, presents, or rewards were intended for the pur-
pose of aiding or advancing in any way, the opportunities of such can-
didate or which would have or be likely to have that result. Along
with such report each candidate shall file a like report in detail,
of each of the persons named by him as the ones authorized to
expend the money, or other things of value; also, he shall, at the
time, file such report from any person who may have expended
funds for such candidate, although the name of such other person
was not upon the authorized list of agents as filed by such candi-
date. Such report, if for candidates for state offices, or for sub-
divisions of the state, greater than a county, shall be filed with the
secretary of the state board, if for a county, or the territory within
a county, with the secretary of the county election board. Such
report shall be prepared on blank forms, and a sufficient number
thereof shall be mailed to each candidate for his own use, as well
as for the use of his agents, or friends, who expended money, or
other things of value for him. The secretary of the state election
board shall forward a sufficient supply of such blanks to the secre-
tary of the county election boards for the use of all candidates
whose duty it is to report to the county board. Such blank reports
shall be printed by the order of the state election board, and shall
be in the nature of an affidavit, and shall be in form as follows:
STATE OF OKLAHOMA, COUNTY OF

I, , who was a candidate for the

—15—

nomination as the party's candidate for

in the primary election held on August , 19 , do solemnly

swear that the itemized statement hereunto attached, contains each
and every item of money or other thing of value, which I paid or
expended, or which I promise to pay, or expend, inclusive of all
treats, presents, favors, or other things which cost money, or for
which I have obligated myself to pay, for the purpose of aiding
or advancing my candidacy, directly or indirectly, it includes all
such money, or other things of value, which were paid by me
through other persons, and no person had been authorized to ex-
pend money for me, or to pay out, or expend anything of value,
as above enumerated, whose itemized report is not attached hereto,
I know of absolutely no expenditures, within the contemplation,
spirit or meaning of this Act which was made for the purpose of di-
rectly, or indirectly influencing, or aiding or advancing my interest
as a candidate, which is not included either in this report, or that of
those accompanying it, and I believe no such expenditures have been
made, except as herein reported.

This day of , 19

Subscribed and sworn to before me on this the day

of , 19

Said report must be subscribed and sworn to by the candidate
before some one authorized to administer oaths. (L. 1907-08, Ch.
31, Art. 2, Sec. 27. Took effect May 29, 1908. . C. L. 1909, Sec.
3293.)

Section 20. Penalty for Failure to File Statement of Expenses.
Should any candidate who has received the nomination of any po-
litical party, fail or refuse, to file a full and complete detailed re-
port, as above specified, the state or county election board whose
duty it is to issue to such nominee hit certificate of nomination,
shall withhold such certificate, and refuse to issue the same until
such reports are filed. Any candidate who failed to receive a
nomination, and who refused, or fails, to file such report, shall be
deemed guilty of a misdemeanor, and upon conviction, shall be fined,
not less -than twenty-five nor more than five hundred dollars. (L.
1907-08, Ch. 31, Art. 2, Sec. 28. Took effect May 29, 1908. C. L.
1909, Sec. 3294.)

Section 21. Candidates Receiving Nominations to F.ile Names
and Addresses of Persons Authorized to Expend Money, With Whom;
Penalty for Failure. Candidates who have received a political party's
nomination for any office for which the names must be certified by
the county election board to the state board, shall file with said
county board; and all candidates who have received a political
party's nomination for any office for which the name must be cer«
tified to said election board, shall file with the secretary of said
board, the names and postoffice addresses of each and every person
authorized hy him to expend money, or other thing of value in his

behalf or a statement to the effect that no person is so authorized
as required of candidates before the primary ' election, shall not
have his name printed upon the official ballot. (L. 1907-08, Ch. 31,
Art. 2, Sec. 20. Took effect May 29th, 1908, C. L. 1909, Sec. 3295.)

Section 22. Reports, Custody and Access. All reports required
hereunder shall remain in the hands of the secretary with whom
they are filed and shall be subject to inspection or publication at
any time. (L. 1909, Ch. 16, Art. 4, Sec. 23, S. B. No. 5. Took
effect March 25, 1909.)

Section 23. Campaign Committee of Candidate to File Names of
Candidates for Which It Acted; Form of Report; by Whom Signed;
and What It Shall State. Each campaign committee which man-
ages an individual candidate's ca'mpaign, before a primary, or in a
general election, and each of said committee which manages the
campaign for a political party in a general election sholl within
ten days after said election, file with the secretary of the election
board, with which the names of the candidates for which such
committee acted, a full and complete report of -all money or other
things of value which came into such committee's hands or which was
expended by it.

The form of said report shall be prepared by the state election
board, and shall be in form the same as required Tor candidates
except that it shall be altered to conform to the needs of a com-
mittee, instead of an individual. Such report shall be signed by
the chairman and secretary of each committee, and also by the
treasurer thereof, if there be a treasurer; and such report shall
state whether there is a treasurer or not, and shall also state that
there was not any other person who expended money or other
things of value for it; if there was, it shall give the name and the
postoffice address of such other person, and shall attach in addi-
tion to the itemized statement which said committee is hereby re-
quired to file, a like statement from such other person. Any chair-
man, secretary-treasurer, or other person who fails and refuses to
sign and swear to such report, as provided herein, shall be deemed
guilty of a misdemeanor, and upon conviction, shall be fined not
less than twenty-five, nor more than five hundred dollars, and con-
fined in the county jail not less than three, nor more than twelve
months. (L. 1907-08, Ch. 31, Art. 2, Sec. 32. Took effect May 29th,
1908. C. L. 1909, Sec. 3297.)

Section 25. Limitation' of Amounts of Expenditures in Primary
Campaign. Candidates before primary election held under the pro-
visions of this Act shall be limited in the amount of expenditures
for said primary to the following respective amounts:
Candidates for nomination for United States Senator or

Governor, an amount not exceeding $3,000.00

Candidates for nomination for any office in which electors

of the entire state shall vote, an amount not exceeding. 1,500.00

—17—

Candidates for nomination for supreme judge, an amount not

exceeding . 1,000.00

Candidates for nomination for Congress, an amount not ex-
ceeding _ 800.00

Candidates for nomination for district judge, an amount not

exceeding _ 500.00

Candidates for state senator, an amount not exceeding 250.00

Candidates for nomination for representative to the Legis-
ture where the district is larger than one county, an

amount not exceeding 2£».00 ,

Candidates for nomination for any office in which electors

of a single county vote, an amount not exceeding 200.00

Candidates for nomination for any office in which the elec-
tors of a single district or sub-division of the county

vote, an amount not exceeding 50.00

Candidates or nomination for mayor in cities of 15,000 or

more population, an amount not exceeding 200.00

Candidates for nomination for other offices of cities of like

population, an ainount not exceeding 150.00

Candidates for nomination for mayor in towns less than

15,000, an amount not exceeding 100.00

Candidates for nomination for other offices in such towns,

an amount not exceeding 50.00

(L. 1907-08, Ch. 31, Art. 2, Sec. 34. Took effect May 29th, 1908.
C. L. 1909.)

Section 26. Penalty for Exceeding Limitation in Expenditures.
Any candidate who expends any more money or other thing of
value, than as set forth in the foregoing section, shall be deemed
guilty of a misdemeanor and upon conviction shall be fined not
less than one hundred nor more than two thousand dollars and
shall be confined in the county jail, in the county in which he was
convicted for not less than six months nor more than two years.
When any other thing of value than money is expended, or used
in behalf of any candidate, it shall be specified by such candidate;
and it shall be considered as money, it being reckoned at its fair
cash value. (L. 1907-08, Ch. 31, Art. 2, Sec. 35. Took effect May
29th, 1908. C. L. 1909, Sec. 3300.)

Section 27. Penalty for Failure to Comply With Provisions of
Act. — Any person upon whom a duty is imposed by this Act, or who
is required to file a report, shall faithfully perform such duty, and file
such report, stating accurately the information required. Any one who
misstates the amount of money, or fails to fully disclose the facts as
to any gift, promise, treat, reward, favors, or any valuable thing given,
shall be deemed guilty of a misdemeanor, and, upon conviction, shall
be fined not less than fifty, nor more than one thousand dollars, and
confined in the county jail not less than three nor more than twelve
months; and should he be a nominee, he shall not be allowed to haM

—18—

his name appear upon the ballot, and should it be printed before such
conviction, he shall be denied the right to hold office, if elected. If
it be a person elected to office in the general election, he shall not be
entitled to hold such office. Any candidate; who expends more money,
either in person or through agents, committees or friends, than the
limit prescribed herein, shall in addition to the punishment herein-
before prescribed, be thereafter barred from holding office in this
state. (L. 1907-08, Ch. 31, Art. 2, Sec. 36. Took effect May 29, 1908,
C. L. 1909, Sec. 3301.)

Section 28. Candidates Place on Ballot by Petition, to Comply
With Provisions of This Act. — The provisions of this article relative
to the expenditures of money, or other things of value, shall apply
with as much force and effect to candidates whose names are placed
upon the official ballot by petition, as they do to the nominees of
political parties, or as to candidates before nominating primaries; and
all independent candidates shall make and subscribe to the same re-
port, and shall be liable to all the penalties prescribed herein for
other candidates. (L. 1907-08, Ch. 31, Art. 2, Sec. 37. Took effect
May 29th, 1908, C. L. 1909, Sec. 3302.)

Section 29. Contests, How Decided. — All contests arising out of
such primary elections shall be settled and decided in the same
manner as is now or may hereafter be by law provided for general
elections, except as herein otherwise provided. (L. 1907-08, Ch. 31,
Art. 2, Sec. 40. Took effect May 29th, 1908, C. L. 1909, Sec. 3303.)

Section 30. Duty of Election Board to Pass on Nominating Peti-
tions. Decision Final. — It shall be the duty of the election board, with
whom nomination petitions are filed, to hear and determine all ques-
tions or objections that may arise concerning same, and the decision
of such board shall, in all cases, be final. (L. 1907-08, Ch. 31, Art. 2,
Sec. 5 . Took effect May 29th, 1908, C. L. 1909, Sec 3094.)

Section 31. Contests, How Decided. — All contests arising out of
such primary elections shall be settled and decided in the same man-
ner as it now or may hereafter be by law provided for general elec-
tions, except as herein otherwise provided (L. 1907-08, Ch. 31, Art. 2,
Sec. 40. Took effect May 29th, 1908, C. L. 1909, Sec. 3303.)

Section 32. Affidavit of Challenged Voter. — Any elector shall,
upon presenting himself to vote, announce to the clerk of the elec-
tion, his name, town or if a city of the first class, give his street
number. Any election inspector or challenger may challenge the right
of any person to vote, and if a person be challenged on the ground
that he is not able to read and write any section of the Constitution,
and was not a legal voter under any form of government on January
1st, 1866, or one whose ancestor was not a legal voter on said date,
before being permitted to make the affidavit required below, he shall
be required to read and write any section of the Constitution. No
person challenged shall be permitted to vote unless he makes an affi-
davit in writing that he is a qualified and legal voter of the precinct,

—19—

also his name, residence, occupation, place or places of residence
during the six months prior to the election, with the date of any
removal within that time, arid names of two persons who have per-
sonal knowledge of his residence in the precinct thirty days, and
the county six months and in the state one year. He shall then be
allowed to vote unless the election inspector, or challenger, make
affidavit in writing that he knows, or is informed and verily believes
that the person offering to vote is not a legal voter of the precinct,
and the person offering to vote, shall not thereafter be allowed to
vote unless one qualified elector of the precinct, who has been a free-
holder and householder in the precinct for at least one year next pre-
ceding such election, shall make affidavit in writing that he has
personal knowledge of such person offering to vote being a legal
voter at the precinct.

Provided, however, not more than two challenged voters shall
remain inside of the polls at one time, but upon being challenged
upon any grounds, such voter shall return outside of the polls and
re-enter, in the order in which he was challenged, for the purpose of
being tested as to qualifications. The affidavit of the person chal-
lenged shall be in the following form:
Sate of Oklahoma, County of , ss:

I do solemnly swear (or affirm) : (1) I am a male citizen of the
United States. (2) I am a native of the United States. (3) I have
for more than thirty days last past resided in the precinct in which
I am now offering to vote, and that I am now a bona fide resident
of this precinct. (4) I have resided for more than six months last
past in the county in which I am now offering to vote. (5) I have
resided for more than one year, last past, in the state of Oklahoma.
(6) I am over the age of 21 years. (7) I am not deprived of any
rights of citizenship by virtue of any conviction of a felony. (8) I
am not now being kept in a poor house, or other asylum at public
expense. (9) I am not now being kept in a public prison. (10) I
am not a lunatic. (11) I am not an officer or soldier in the regular
army, or a marine in the navy of the United States. (12) I know
of no reason why I am not entitled to vote. (13) I am generally
known by the name under which I now desire to vote, which is

(14) I have not voted and will not

vote in any other precinct in this election.^ (15) My occupation is

(16) My residence is

(If in city or town give street number.) (17) During the last six

months, I have resided at (18) I have

moved, from to

of the following date. (19) That and

have personal knowledge of. my residence in the precinct for thirty
days and in the county six months and the state one year.

—20—

Subscribed and sworn to before me this day

of._ __191__

The inspector shall file such affidavit and safely keep the same
until it is delivered, as hereinafter provided, to the county election
board.

The other affidavit herein referred to shall be in the following
form.
State of Oklahoma, County of , ss:

I swear that I know, or am informed and believe, that

now offering to vote, is not a legal

voter in this precinct.

Subscribed and sworn to before me this day

of.. __191__

State of Oklahoma, County of , ss:

I do solemnly swear (or affirm) that I am a qualified elector of
this precinct; that I have been a freeholder and householder in this

precinct for one year next preceding this election; that

who now desires to vote has resided in this state

for one year immediately preceding this election; that
he has resided in this county six months, and in this precinct 30 days,

at ; that he is now a bona fide resident

of this precinct and a legal voter therein. These facts I know of my
own personal knowledge.

Subscribed and sworn to before me this day

of.. __191__

Should the person challenged not be a native of the United States,
unless he be of Indian descent, he may strike out the avowal number
"2" in the affidavit to be by him subscribed. If he be of Indian
descent, he must be a native of the United States to be entitled to
vote. Should the person challenged be, at the time, confined in a
poor house, or other asylum, at public expense, he may still be en-
titled to subscribe to said affidavit and Vote, provided, he will strike
out of the avowal number "8" as arranged herein the word "no" and
add at the close of s.uch avowal with pen and ink, the words, "A's a
soldier of the war of 1861-65 between the states." Should the person
challenged be an officer in the regular army, or a marine in the navy
of the United States, enlisted from this state, he may strike out the
word "no/1 in avowal number "11" and add at the close of the ayowal
the words, "But I enlisted from this state," and strike out the
avowal number "18" in case he has not removed as therein provided.
The foregoing instructions, following the above jurat, shall be printed
upon the affidavit in bold type, and immediately following the jurat,
with an index hand at the beginning of each paragraph. When such
affidavits have been signed and sworn to, the clerk shall provide the

—21—

elector with a ballot. The precinct inspector is hereby empowered to
administer all oaths required by this Act, and all affidavits touching
the qualifications of an elector, required by this Act, shall be sub-
scribed and sworn to before said precinct inspector. (L. 1911, Ch.
106, Sec. 4, H. B. 27. Took effect March 18, 1911.)

Section 33. Unlawful Voting — Immediate Arrest. — If at any time
during the election any elector shall make affidavit that any person
who has voted is an illegal voter in said precinct, the person accused
shall at once be arrested by an officer of the county authorized to
make arrest. Immediately after the close of the election the inspec-
tor shall deliver such affidavit to some justice of the peace of the
township, or the county court of the county, who shall proceed
thereon as if the affidavit had been made before him. (L. 1910, Ch.
116, Sec. 5, H. B. 171. Took effect March 28th, 1910.)

Section 33. False Affidavit — Perjury. — Whoever shall knowingly
or wilfully make a false affidavit under the provisions of this act shall
be deemed guilty of perjury. (L. 1910, Ch. 116, Sec. 6, H. B. 171.
Took effect March 28th, 1910.)

—22—

GENERAL ELECTION LAWS

OF THE

State of Oklahoma

ARTICLE I.
GENERAL ELECTION— ELECTION BOARD.

Section 1. Date of Election — Offices to Be Filled — Term. — On the

first Tuesday, succeededing the first Monday of November, 1908, a
general election shall be held, at which time electors of President and
Vice-President shall be elected, also representatives in Congress, to-
gether with successors to all state, district, county, township, mu-
nicipal or precinct officers, whose terms expire before the next suc-
ceeding* general election as herein provided for. On said date, every
two years thereafter, such election shall be held, at which time repre-
sentatives in Congress shall be chosen, and also the successor of any
state, district, county, township, municipal or precinct officers, whose
term expires before the next succeeding general election, and also the
successor to any state, district, county, township, municipal or pre-
cinct officers, who may have been chosen to serve the unexpired
term until the next general election. On such date, every fourth
year" thereafter, a general election shall be held, at which time elec-
tors of President and Vice-President shall be chosen, and also suc-
cessors to all state, district, county, township, municipal or precinct
officers for such offices, as under the law, the term expires before the
next succeeding general elction, and also to fill any vacancy in such
office, or where the incumbent should be holding by appointment until
such general election. (L. 1907-08, Ch. 31, Art. 1, Sec. 1. Took effect
May 29th, 1908.)

Section 5. County Election Board — Where and How Appointed —
Term. — The county election board shall consist of three members to
be chosen in the following manner:

The state election board shall select one member of said county
board, who shall be secretary, and the two political parties receiving
the highest number of votes, at the last general election, shall each
name one member of the county election board: Provided, that not
more than one member of such county board shall be named from
any one county commissioner's district in such county. And when
such members of the county election board are named as herein pro-

—23—

vided they shall immediately qualify by taking the oath of office as is
by law prescribed for other county officers. The members of the
county election board, first appointed hereunder, shall serve until the
second Monday in January, 1913, or until their successors are ap-
pointed and qualified: Provided, that upon the failure of any poli-
tical party in any county to select a member of the county board the
state bd&rd shall proceed to fill such office by oppointment after
due notice by registered mail to the chairman of the county central
committee of such political party: Provided, further, that not more
than two members of any one political party shall serve on such
county board. (L. 1911, H. B. 27, Sec. 3. Took effect March 18,
1911.)

Section 6. State Election Board Fix Date, County Board to
Meet. The state election board shall at time it appoints such county
board, name the first Monday in April, except the year 1908, when
such state board shall name a date as soon after the first Monday in.
April as possible, after such appointments, at which such county
boards shall convene in their respective county seats and organize
by selecting a chairman. (L. 1907-08, Ch. 31, Art. 1, Sec. 7. Took
effect May 29th, 1908.)

Section 7. County Election Board — Compensation. The members
of the county election board shall be allowed four dollars per day
for the time they are actually engaged in the performance of their
duties: Provided, however, that in no event shall they be allowed
pay for more than twenty days in one year, and the secretary of the
board shall in addition to said per diem be allowed fifty dollars per
annum compesation for keeping the records in counties with 15,000
population or less, and in counties with a greater population the
secretary of the board shall receive an additional twenty-five dollars
per annum for every 5,000 population, or major fraction thereof. (L.
1911, H. B. 27, Sec. 4. Took effect March 18th, 1911.)

Section 8. State and County Election Boards— Vacancy— How
Filled. L* a vacancy shall occur in the state election board it shall
be the duty of the Governor to fill by appointment such vacancy,
and he shall make the selection from the ranks of the political party
to which the appointee's predecessor belonged. (Should a vacancy
occur in any county election board, if the secretary of said board,
the state election board shall fill the same by appointing from the
political party with which the retiring member was associated. If
either of the other members of the board, the county central com-
mittee of the political party with which the retiring member was as-
sociated, shall fill the vacancy by appointment.) In all cases of a
vacancy, the appointee shall hold the remainder of the unexpired
term and shall have administered to him, before entering upun the
duties of his office, the oath hereinafter mentioned. (L. 1907-08, Ch.
31, Art. 1, Sec. 9, as amended.)

Section 9. Precinct Election Board — Appointment — Qualification

—24—

—Terms. By the 15th day of April, after their appointment, the
county election board shall select an election board for each pre-
cinct in their respective counties. Such precinct boards shall consist
of three electors who are residents of such precinct. Such precinct
election board shall constitute the board of election officers, for
their respective precincts, and shall have complete charge of all
elections held in such precincts, whether the same be primary elec-
tions, for the naming of party nominees, or general elections, precinct
election boards shall be chosen for a term of four years, and such
term shall expire on the first Monday of May, succeeding the expi-
ration of the terms of the county boards, and such precinct board
shall hold until their successors are appointed and qualified, unless
sooner removed by the county election board because of his disquali-
fication under the provisions of Section 13 of this Act, or failure or
refusal to perform the duties of their office, the sufficiency of such
causes to be determined by the county election board: Provided,
that in 1911 the precinct board may be selected as soon after the
fifteenth day of April as possible. (L, 1911, H. B. 27, Sec. 5. Took
effect March 18th, 1911.)

Section 10. Precinct Committee Furnish List for Precinct
Boards. The precinct central committee of any political party may,
at any time during the month of March succeeding the appointment
of the county election board select the names of as many as five
electors who are residents of such precinct, and may submit such
names, with their postoffice address, to the said county election
board, as the choice of such political party, from which its represen-
tation on such precinct election board shall be chosen. When a pre-
cinct committee of a political party avails itself of the privilege, it
shall indicate which of the same it prefers for inspector, which for
judges, and which for clerks, and so notify said county board. When
a precinct central committee of a political party suggests its rep-
resentation on a precinct board, the county election board shall be
confined to such names, in choosing such party's representation.
Should a precinct central committee of a political party fail to sub-
mit such a list of names, then the county election board may select
from the ranks of such party in making up the precinct election
board, and in so deciding, the county board shall have as its purpose
a fair distribution of the membership of all precinct boards.. In no
event shall more than two of the three members of a precinct elec-
tion board be of one political party, unless it is impossible to secure
a man qualified to attend to the duties of the office from the ranks
of the other party. (L. 1907-08, Ch. 31, Art. 1, Sec. 10. Taok eifect
May 29th, 1908.)

Section 11. County Board to Create, Alter or Discontinue Pre-
cinct. It shall be the duty of the county election board to create,
alter or discontinue voting precincts, whether in a town or in a
country, and the secretary of the said board sftall keep in a bound

—25—

book, a complete record of the boundary of each precinct, and any
change made in the boundary thereof, with the name of the voting
place, and the number of votes cast therein, which shall always be
designated by said board. All the territory included in a voting pre-
cinct shall be within a ward or township, while the territory of a
voting precinct shall not extend beyond the boundary lines of a
ward or municipal township, a ward or municipal township may con-
tain as many precincts as the county board may deem necessary.
But one voting place shall be allowed in a precinct, and no precinct
shall contain more than two hundred voters, unless in extreme cases
of necessity. All records of official designation of municipal town-
ships and precincts shall be by giving the names of the municipal
township and the number of the precinct after this style: "Taylor
Township, Precinct Number One." The precincts of each ward or
municipal township shall be numbered consecutively from "one"
until they are all numbered. All wards shall be designated by num-
bers. If in any election hereafter two hundred and fifty votes or
more shall be cast in any one precinct it shall be the duty of the
inspector in such precinct to report the same to the county election
board who shall forthwith, divide such precincts as equally as pos-
sible, so that the new precincts formed shall each contain not more
than two hundred electors. The county election board of any county
may change the boundaries of any precinct within each county, or
divide any precinct into two or more precincts or consolidate two
or more precincts, into one, or change any place of holding elections
when public convenience or public good may require it: Provided,
that no such change, division or consolidation shall be valid with-
out first giving due notice of at least one month by printed notices
posted, one at the court house door and at least three in conspicu-
ous places in the precincts affected. And, provided further, that no
precinct shall be enlarged so as to contain more than two hundred
and fifty voters. If such board shall fail to act as herein directed,
any qualified elector of the county may apply for a writ of man-
damus to compel the perrormance of this duty. (L. 1907-08, Ch. 31,
Art. 1, Sec. 12. Took effect May 29th, 1908.)

Section 12. Precinct Board — Qualifidations. ,*No person shall
serve on a county election board or precinct board, or as the of-
ficial counter of elections who is not a qualified elector of the pre-
cinct in which he served, or if he is a candidate for any office at
such election, or is a grandfather, father, father-in-law, brother or
grandson of any candidate in such election, or who has anything of
value waged or bet upon the result of such election. (L. 1911, H.
B. 27, Sec. 6. Took effect March 18, 1911.)

Section 13. Clerk Precinct Board — Qualifications. No one shall
be permitted to serve as clerk on a precinct election board, unless
he can write with reasonable rapidity, and in a legible form; and no
man shall be allowed to serve as judge upon such board, who can-

—26—

not read any section of this Act with reasonable distinctness. Should
any political party recommend persons for appointment to member-
ship on such precinct election boards who are not qualified, as above
prescribed, it shall be the duty of the county election board to ignore
such incompetent persons, and if necessary, in order to secure ef-
ficient officers, such county board may use its discretion in selecting
persons to represent such party, but so long as such parties recbnP
mend men who are qualified hereunder, the selections shall be made
from the lists submitted. (L. 1907-08, Ch. 36, Art. 1, Sec. 14. Took
effect May 29th, 1908, C. L. 1909, Sec. 3108.)

Section 14. Precinct Board Vacancy — How Filled. If at any
time after their appointment, it is found that any member of a pre-
cinct election board is not a qualified officer, under the provisions of
this Act, such member shall not serve, and his colleagues on the
board shall choose his successor from the ranks of the political party
to which such disqualified member belongs, and from the list of
nominees last submitted, by such party, should it not be known that
a member is disqualified until the morning of the election, or should
any member of the board fail to be present, and ready to open the
election, the representatives of the political party, to which such
disqualified or absent member belonged, shall name a substitute for
such member. Provided, there are as many as three of the members
of such political party present, otherwise the remaining members of
the board shall name the substitute. In all cases of this kind the
substitute must be of the political party to which the disqualified
or absent member belonged: Provided, a qualified elector of such
party can be found to fill such vacancy; but no election shall be de-
layed more than thirty minutes in order to give a party represen-
tation. The clerk of the election shall record a statement in the
change of the personnel of the faoard upon the fly leaf of the stub
book. (L. 1907-08, Ch. 31, Art. 1, Sec. 15. Took effect May 29, 1908,
C. L. 1909, Sec. 3109.)

Section 15. Precinct Board — To Be Notified of Appointment. —
At the time the county election board names the precinct election
boards, it shall notify each member of their appointment, and shall
also notify each of them to meet at their voting place at 3 o'clock
p. m., on Friday preceding the pending election, and it shall be the
duty of such appointees to attend such meeting and transact the
business hereinafter mentioned. (L. 1907-08, Ch. 31, Art. 1, Sec. 16.
Took effect May 29th, 1908, C. L. 1909, Sec. 3111.)

Section 16. County Election Board — Name Inspector — Judge and
Clerk of Precinct Board. — One member of the precinct election board
shall be designated by the county election board as election inspector,
and the inspector shall be chosen at the time the precinct board
is named, and such county board shall, at. the same time, designate
one of the remaining members of such precinct board as judge, and
the other as clerk. The membe'rs of such board shall serve in the

—27—.

position so indicated, unless, by mutual consent, at the opening of
the election and in the interest of promptness in expediting business,
changes may be deemed necessary by the precinct election board,
in which event such changes may be made. (L. 1907-08, Ch. 31, Art.
1, Sec. 17. Took effect May 29th, 1908, C. L. 1909, Sec. 3111:)

'Section 17. State, County and Precinct Board — Take Oath. — All
persons appointed as members of the state, county or precinct
election boards shall* before entering <upon the duties of their
office, take and subscribe to the oath of office prescribed by the
Constitution for state and county officers. (L. 1907-08, Ch. 31, Art. 1,
Sec. 18. Took effect May 29th, 1908. C. L. 1909, Sec. 3112.)

Section 18. Oath— By Whom Administered — Where Filed. — The
members of the state election board, shall have the oath of office
administered to then! by the clwk of the supreme court, and said
clerk shall preserve said oaths in his office. The members of the
county boards shall have the oath of office administered to them
by the county clerk, and said clerk shall preserve said oaths in his
office. The members of the precinct election boards, shall have the
oath of office administered to them by any officer authorized to
administer oaths, or by one of the members of said board, as here-
inafter provided. (L. 1907-08, Ch. 31, Art. 1, Sec. 19. Took effect
May 29th, 1908, C. L. 1909, Sec. 3113.) .

Section 19. Duties of Precinct Inspector. — The election inspector
shall be chairman of the precinct election board. He shall appear
at the office of the county clerk, not more than five nor less than
one day before such election, either primary or general, and shall
then and there receive at the hands of the county election board,
the election supplies for his precinct, which supplies he shall deliver
at the polling place on the morning of the election and before the
time for the opening of the polls: Provided, that said inspector
shall take and subscribe to the oath of office herein provided before
receiving such supplies. Should an inspector of election purposely
refuse, neglect or fail to deliver the election supplies as above pro-
vided, or should he open the package containing said supplies, while
in his care, or should he permit any other person to do so, he, with
such other person or persons, shall be deemed guilty of a misde-
meanor and upon conviction shall be fined not less than one hundred,
nor more than five hundred dollars, and confined in jail, not less
than thirty, nor more than one hundred and twenty days. (L. 1907-08,
Ch. 31, Art. 1, Sec. 20. Took effect^ May 29th, 1908. C. L. 1909,
Sec, 3114.)

•ARTICLE II.

COUNTING AND CANVASSING.

Section 20. Official Counters — When Appointed — Qualifications*
— At a meeting of the precinct board, on Friday, preceding the
election, it shall be the duty of the board to appoint four official
counters, who shall be electors of the precinct, and who shall be

—28—

good penmen, and rapid in figures. Such counters shall be eqiutably
distributed from the various political parties, but in no event shall
more than three of them be from any one party unless it is impos-
sible to find a capable man to represent the minority party. (L.
1907-08, Ch. 31, Art. 2, Sec. 1. Took effect May 29th, 1908, C. L.
1909, Sec. 3129.)

Section 21. Same — Notification of Appointment — Oath — Who to
Administer. — Such counters shall be forthwith notified of their
appointment, and they shall present themselves at the voting place,
at ten o'clock a. m. on the day of the election. The clerk of the
election, or the inspector, shall administer to them the oath pre-
scribed herein for precinct election boards. (L. 1907-08, Ch. 31, Art.
2, Sec. 2. Took effect May 29th, 1908, C. L. 1909, Sec. 3130.)

Section 22. Counts — To Commence When — Clerk to Note OK
Stub of Last Ballot. — At ten o'clock a. m., and after the official
counters have each cast their ballots, and after they have been duly
sworn as herein provided, the ballot box shall be unlocked, auer
first having been well shaken to mix the ballots; the ballots shall
be removed to a receptacle and the box shall be relocked, and the
balloting continued. The ballots removed from the box shall be
delivered to the official counters, who shall immediately proceed
with the official count.

The clerk of the election shall make a marginal note on the stub
of the last ballot which was deposited in the box, before the same
was opened, by writing the words, "Official Count Begun." (L.
1907-08, Ch. 31, Art. 2, Sec. 3. TooW effect May 29th, 1908. C. L.
1903, Sec. 3131.)

Section 23. Counting — Manner of. — Two of the official counters
of different political parties shall call from the ballots the names
of the candidates voted for, while the other two shall record the
votes upon the tally sheets provided for that purpose, each one
recording upon a different sheet at the same time. One of the
counters who calls the number of votes shall remove the ballots
from the receptacle, one at a time, as he completes the call. He
shall then call, first the name of the office, and next the name of
the candidate voted for, and the other counter assisting in the call
shall scrutinize the ballot at the time the call is being made, and not
afterwards. He shall watch each name as called, and correct any
error before the next name is called or recorded. He shall then
receive and fold the counted ballot and string it upon the needle
and thread provided for that purpose, while the other counter un-
folds another ballot. The record of the vote shall be kept by the
familiar methor of a tally on every fifth vote. (L. 1907-08, Ch. 31,
Art. 2, Sec. 4. Took effect May 29th, 1908. C. L. 1909, Sec. 3132.)

Section 24. Counters to Keep Count Secret. — The official count-
ers shall make no announcement of the result of the vote during
their progress, nor shall they, at any time during the count, give

—29—

any intimation, by sign, word or otherwise, aa to how any vote
stands. They shall not communicate with any person, after the
count begins, until the polls close, except through the inspector, and
such communication with the inspector shall not relate to the result
of the count. While the count is proceeding, and until the polls
close, the official counters shall be in private as much as possible,
and no electors or other persons shall be allowed to approach within
less than thirty feet of where such count is progressing, except
electors engaged in casting their ballots. The official count must be
conducted within view of the officers of the election. Any violation
of this, or of Section 4 of this article, shall, upon conviction, subject
the offender to a fine of not less than twenty-five nor more than
five hundred dollars, and imprisonment in the county jail of not
less than thirty nor more than one hundred and twenty days. (L.
1907-08, Ch. 31, Art. 2, Sec. 6. Took effect May 29th, 1908. C. L.
1909, Sec. 3134.)

Section 25. Duties of Counters*. — Snould the official counters
complete the count of the ballots which were cast before ten o'clock
before the polls close, the boxes shall be unlocked as was done at
ten o'clock, and the ballots removed and counted as before. (L. 1907-
08, Ch. 31, Art. 2, Sec. 7. Took effect May 29th, 1908. C. L. 1909,
Sec. 3135.)

Section 26. Counters — To Sign — Tally Sheet — Certificates —
Watchers — By Whom Appointed. — When the callers announce a vote,
the enumerators shall call the number aloud, keeping check on each
other, and when the count is completed the two tally sheets shall
be signed by the four counters. The four counters shall then fill out
the certificates in the back of the book of ballots, without detach-
ing it from said back, and they shall also make out at least four
duplicates of such certificates. Each certificate shall have only the
total of each candidate's votes, and that shall be written with pen
and ink, in words and figures. Each certificate shall be signed by
each of the four counters, and sworn to before the inspector ol
election. One such certificate shall be kept by the inspector of
elections, the other two shall constitute the returns and when prop-
erly certified to shall be prima facie evidence of the correctness of
the precinct vote. After such certificates are signed and sworn
to as above provided and within one hour after the count is com-
pleted, the election inspector shall cause one copy of such certifi-
cate, so signed and sworn to, to be posted in a public place outside
of the polls for public inspection, and it shall be a disdemeanor for
any person to deface or remove when so posted within a period of
twenty-four hours thereafter.

Each candidate for the namination of any city, county, district
or state office may name a person to act as watcher at each or any
of the precincts in the state, at any primary election; said watcher
to be commissioned in writing, by said candidate. And each political

—3d—

party may name a person to act as watcher at each or any precinct
in the state at any general election; such watcher to be commissioned
in writing, by the county or city committee of the respective parties.
And the above named watcher shall be allowed to watch the call
and recording of the result of the vote in the precinct. They shall
receive no compensation for their services, and shall have no fur-
ther authority than to note of record any objections to the count
and to challenge the result thereof, and it shall be the duty of each
wacther to watch the count for all such candidates voted for in suc&
precinct, and to insist upon an honest and fair count. Such watchers
before entering upon their duties shall subscribe to an oath before
the election inspector, obligating themselves to observe the same rules
now prescribed to official counters, relative to giving out any intima-
tion or Information as to the result of the count, and any watcher
who violates such oath, or who by any method whatsoever indicates
how the count is progressing, shall be liable to a fine of not less
than $25.00 nor more than $200.00, and shall be confined in the
county jail not less than thirty days, nor more than one year.

Section 27. Ballots to be" Sealed — By Whom. — When all ballots
have been counted and the certificates properly filled out, the twine
string upon which the ballots are strung shall have its ends brought
together over such ballots and tied in a hard, knot by said counters.
A piece of stiff paper shall be placed underneath each knot, and
such knot shall then be sealed with sealing wax and stamped with
the election seal of the precinct, by the precinct board in the pres-
ence of the counters. (L. 1907-08, Ch. 31, Art. 2, Sec. 9. Took effect
May 29th, 1908. C. L. 1909, Sec. 3137.)

Section 28. Mutilated Ballot — Challenged by Official Counter. —
Should a ballot be stamped in primary elections, in the square before
the names of two or more candidates for the same office, such
ballot shall not be counted for any of said candidates, but shall be
sounted for all other candidates where it is apparent as to the
person for whom the elector intended to vote. In general elections*
ballots stamped under the device of more than one party, shall not
be counted ballots in general elections, when stamped under the
device of a political party and in the square in front of names of
individual candidates of another party, shall be counted for the
candidates of the party under the device of which the stamp is,
except it shall be counted for the candidate of the other party for
whom the elector stamped in the square opposite their names. Bal-
lots bearing any mark as a distinguishing mark, shall not be counted.
Any ballot marked or stamped as above described, may be chal-
lenged by any official counter, and when a ballot is so challenged,
the counter who questions the regularity of the ballot shall endorse
upon the back of such ballot, with pen and ink, in a brief way, the
reason why he challenges such ballot, and shall sign such statement.
If such ballot be only challenged as to a portion of the names voted

—31—

for, said statement shall so mention, giving the names as to which
it is challenged, and such ballot shall be counted and recorded only
for the names and candidates in regard to which it was not chal-
lenged. (L. 1907-08, Ch. 31, Art. 2, Sec. 10. Took effect May 29th,
1908. C. L. 1909. Sec. 3138.)

Section 2'tr. Challenged Ballots — Disposition of Same. — All chal-
lenged ballots, when endorsed upon their backs with a statement
by the challenging counter, and all ballots found in the box not
stamped, or mutilated, shall, when properly endorsed upon their
backs, be strung upon a string as they are challenged, and when
the count is completed the ends of such strings shall be brought
together and tied, and the knot shall be sealed with hot wax,
upon which the election seal is imprinted, then such string of cal-
lenged ballots shall be placed in the envelope labeled "Challenged
Ballots" and sealed as is required by this Act, for the envelope in
which are placed the voted ballots. (L. 1907-08, Ch. 31, Art. 2, Sec.
11. Took effect May 29th, 1908. C. L. 1909, Sec. 3139.)

Section 30. Duties of Counters Relative to Supplies. — When the
ballots are tied and the knot is sealed, the bundle of voted ballots
and the stub ballot book, with all the unused ballots attached to
their stub with the original certificate of the result in the back
thereof and the two tally sheets shall be placed in the envelope
labled "Voted Ballots," "Tally Sheets" and "Stub Book of Ballots."
This envelope shall not be opened except upon order of the Supreme
Court or District Court or a judge thereof in case of contest or some
legal proceeding necessitating the opening of the same. The two
duplicate copies of such certificate shall be placed in the envelope
labeled "Returns." The several envelopes shall then be sealed by
moistening the gummed flaps and pressing them down firmly, then
a seal of sealing wax shall then be placed upon such gummed flaps,
so that the wax will extend well over the body of the back of such
envelope and should be made to cover a space as large as a silver
half dollar. In the center of the wax, while it is yet hot and soft,
shall be firmly imprinted the precinct election seal. The duties
above described shall be performed by the official counters. The
clerk and judge shall then write their names across the gummed
flaps of each envelope extending them on to the body of the envel-
ope, one upon the one side of such wax seal, and one upon the other.
The several envelopes shall be placd in th ballot box, by the inspector
in the presence of the other members of the board and the counters
and securely locked. After the ballot box is securely locked the
inspector shall not again open it, but shall deliver it in $hat condi-
tion to the secretary of the county election board. The county
election board shall not disturb anything in the ballot box except the
envelope marked "Returns" which wlien canvassed shall be returned
to the ballot box and the box will again be securely locked and
retard J>7 the secretary of the county election board until opened

—32—

by the order of court or until it shall be necessary to open the same
for use at the nevt election at which time the ballots shall be
destroyed: Provided, that in no case shall the ballots be destroyed
until ninety days after the election at which they were cast. (L. 1911,
H. B. 27, Sec. 8. Took effect March 18th, 1911.)

ARTICLE III.

ELECTION SUPPLIES.

Section 31. Printing Ballots and Supplies — Advertise — For Low-
est Bid. — Until such time as the state becomes prepared to do its
printing, the state printing department shall advertise for bids, and
shall let the contract for printing all ballots over which the state
election board has jurisdiction, and for furnishing the supplies herein
required, to the lowest and best bidder. Such advertisement shall
appear in one daily paper of the state for three consecutive issues.
Such notice need not contain specifications, but merely a notice
that the board will furnish specifications to bidders, and such speci-
fications shall be alike to all bidders. The state printing depart-
ment shall require a bond from the successful bidder in a sum
double the amount at which said contract is let. Said bond shall
be taken in the name of the state, conditioned upon the faithful
performance of said contract. The state election board shall have
complete supervision and charge of printing the ballots and furnish-
ing the supplies, and of the distribution thereof, after the letting of
said contract. (L. 1907-08, Ch. 31, Art. 3, Sec. 1. Took effect May
29th, 1908. C. L. 1909. Sec. 3156.)

Section 32. County Supplies — County Election Board to Contract
for Printing. — The county election boards shall let the contract for
printing the ballots within their jurisdiction and furnish the neces-
sary election supplies herein required, to the lowest and best bidder.
The board will furnish specifications to bidders, and specifications
shall be alike to all bidders. The county election board shall require
a bond from the successful bidder in a sum flouble the amount at
which said contract is let. Said bond shall be taken in the name of
the county, and conditioned upon the faithful performance of said
contract. The state election board shall furnish each county board,
with a sufficient supply of blank affidavits for the use of the printers
who have charge of the county work, such blanks to be the same a?
those used for the satte printing, and said affidavits shall be filed
in the office of the county board. (L. 1907-08, Ch. 31, Art. 3, Sec. 2.
Took effect May 29th. 1909. C. L. 1909, Sec. 3157.)

Section 33. Supplies for State Election Delivered to State Board.
—Oath of Contractor. — The ballots and other election supplies for
the state, as herein mentioned, shall be delivered to the state election
board on or before the fifteenth day preceding such election, and the
printer with whom the contract 'is made, or the state printer if done
under the supervision of such an official, shall, before such delivery

—33—

can be accepted by said board, subscribe to the following oath,
which shall be placed on file by the secretary of said board.
STATE OF OKLAHOMA, County of

I, , under whose supervision the ballot?

•,nd other printed supplies for the election to be held in said state
on , 191 , have been printed, do sol-
emnly swear (or affirm) that I have carefully guarded said work

in person, that no person except and myself had

any part in printing the same, that I required no extra copies of
any ballot, tally sheet, envelopes, affidavit, or other papers to be
printed except- what I have packed for delivery to the state election
board. I have required that on the face of each and every sample
the word "Sample .Ballot" be printed as required by this Act. *
have not granted permission to any person or persons to have or
take from my place of business any copy of any of the forms of any
of the supplies, except as just mentioned; that to my knowledge nt5
spoiled copies of ballots or other supplies have been retailed by me,
or allowed to be kept by any other than said election board, and to
the best of my knowledge no wrongful use has been allowed with
any of said supplies.

Subscribed and sworn to before me on the day and date above
mentioned.

Notary Public.

The employees aforesaid shall subscribe to the following oath,
which shall be filed with the secretary of said board, viz:

STATE OF OKLAHOMA, County of .

• We, : , employees who per-
formed the mechanical work in pritning the election supplies for the

election to be held - , A. D.

hereby solemnly swear that we faithfully performed our work, and
allowed no copies of any such supplies to be misappropriated; that
no copies were printed by us excet the ones that were properly
delivered; that all spoiled prints were destroyed by us and to the
best of our knowledge and belief no wrongful use has been allowed
of any of said supplies.

Subscribed and sworn to before me this,
day of._ , 191 .

The state election board shall require that all the supplies for
the several voting precirlcts be so packed that there will a bundle
for each precinct, in which shall be all the ballots, articles and

—34—

supplies which belong to such precinct, and when the same shall
have been checked over and found to be correct, they shall be placed
in a box or bag and labeled with the names of the county, township
or precinct to which they belong. Such supplies shall be so packed
that they can be easily inspected when delivered to the county
election board. On or before the twelfth day preceding each election,
the state election board shall, after carefully packing in boxes or
sacks, ship by express, the election ballots and supplies for the
several precincts of the several counties to the secretary of the
county election board, notifying him how, when and where said
supplies were sent. Upon receipt of such supplies the county board
shall immediately make a thorough inspection of the bundle for each
precinct, to 'see that nothing has been omitted and that the several
precincts have the supplies prescribed by this Act. Should there
be a deficiency in the ballots, printing material or supplies, or in
anything which the state board alone can supply, the county board
shall immediately notify said state board of such shortage, and said
state board shall proceed to promptly supply the missing material.
Should the missing supplies be such as the county board can pro-
cure, it shall immediately purchase the same and supply the short-
age. (L. 1907-08, Ch. 31, Art. 3, Sec. 3. Took effect May 29th, 1908.
C. L. 1909, Sec. 3158.)

Section 34. Distribution of Supplies. — As soon as the election
supplies are received for a county, the secretary of the county board
shall notify, in writing, the inspector of elections for each precinct
of the fact, and shall, in such notice, inorm him that he must appear,
in person, on the Thursday, Friday or Saturday preceding the date
of the approaching election and receive such supplies. Said inspectors
shall receive such supplies in pursuance to such notice, and in the
presence of the county board, or some member of it, shall inspect
the contents of the bundle designated for his precinct, and if it is
found to contain the articles required by this Act, he shall sign a
receipt therefor, which shall be kept on file by the secretary or
such county board, said receipt to be in words as follows:

I have this day received in proper condition, at the hands of the

county election board of county, the election

supplies for precinct number of

township. I pledge myself to deliver the same to the election board
of said precinct on the morning of the election as required by law.

This the --day of .A. D

Inspector of Elections.

(L. 1907-08, Ch. 31, Art. 3,' Sec. 4. Took effect May 29th, 1908.
C .L. 1909, Sec. 3159.)

Section 35. County Board to Send Out Supplies, When. — Should
any inspector of elections fail to attend in person upon the days men-
tioned and receive the election suppplies for his precinct, it shall b»

—35—

the duty of the county election board, on Monday before said election
day, to select a messenger, who shall be an elector of tne county,
and after inspecting said election supplies with the Bounty board
and receipting therefor, as an inspector is required to do, said
county election board shall deliver to him said supplies, and said
special messenger shall, in person, deliver same over to some one
of the precinct election board in due time for the election. (. i&u?-
08, Ch. 31, Art. 3, Sec. 5. Took effect May 29th, 1908. C. L. 1909,
Sec. 3160.)

Section 36. Election Board to Furnish Envelopes. — The state
election board shall cause to be made at the time of the printing of
the ballots, three large linen envelopes for each precinct. They shall
be provided with a gummed seal on the back. One of them shall be
adjustable an<J sufficiently large to hold all of the ballots of the
precinct. Across the face of one envelope shall be printed in bold
face type, the words "Voted Ballots," "Tally Sheets" and "Stub Book
of "Ballots." One shall have printed across its face the word
"Returns." The other envelope shall be sufficiently large to hold
all challenged and mutilated ballots, and shall have printed in bold
type across its face, these words, "Challenged Ballots," and such
envelopes shall have printed thereon:

Precinct, Township,

(L. 1911, H. B. 27, Sec. 9. Took effect March 18, 1911.)

Section 37. State and County Boards to Have Official Seals —
Keep Records. — The state and county election boards shall have
official seals, which seals shall be affixed to all certificates of nom-
ination or other official acts of said boards. They shall keep a
record of all their acts and proceedings in a book to be provided for
that purpose, and such shall be public records. (L. 1907-08, Ch. 31,
Art. 3, Sec. 7. Took effect May 29th, 1908. C. L. 1909, Sec. 3162.)

Section 38 State Board to Furnish Election Seal. — The state
election board shall have one election seal or stamp made for each
precinct of the state. It shall be for the purpose of making imprints
in wax, as required, and such stamp or seal shall bear a five point
point star, made of alumnium or other suitable substance, with the
points resting on the outer rim, and in the center of the star shall
be the figures "46." The fact of such stamp or seal shall be one-
half inch in diameter. One of such seals shall be placed in each
bundle of supplies, and a sufficient supply of extra stamps shall be
sent to the secretary of the county election board, from which to
furnish one to any precinct election board, should the stamp orig-
inally provided be lost or destroyed. (L. 1907-08, Ch. 31, Art. 3,
Sec. 8. Took effect May 29th, 1908. C. L. 1909, Sec. 3163.)

Section 39. Inspector to Examine Election Paraphernalia. — It
shall be the duty of the inspector of the precinct election board to,
in due time preceding each election, investigate the election para-
nhernalia on hand in his precinct, such as boxes, locks, keys, wire

-36—

or rope foi enclosing the election, and any other necessary sup*
plies, and if any such supplies are missing, he shall report the same
to the county election board, and said board shall supply the neces-
sary material and have same ready for the inspector when he reports
for the ballots and other supplies. Election boards, shall have full
authority, within their jurisdiction, to contract for all necessary
supplies, and ballots, and to certify to all accounts incurred there-
for, county boards shall certify the time and compensation due by
law to members of election boards and official counters," to the
board of county commissioners of such county, who shall audit and
allow said account to the persons entitled thereto, and issue war-
rants of the county ot pay the same out of the county treasury. The
secretary of the state election board shall, from time to time, certify
to the auditor of the state all the necessary expenses incurred in
conducing general elections., special elections and primary elections,
and the auditor shall issue his warrant for same, which shall be
paid out of any moneys in the state treasury not otherwise appro-
priated. (L,. 1911, H. B. 27, Sec. 10. Took effect March 18, 1911.)

Section 40. County Election Board to Arrange Voting Place. — It
shall be the duty of the county election board in each county, before
each election, to provide for and secure in each precinet of th^,
county a suitable room in which to hold the election, and shall have
placed therein a railing separating a part of the room to be occupied
by the election board from the remainder of the room, and at least
two, and not exceeding five, booths or compartments, in which the
electors, screened from observation, shall mark their ballots. Each
booth shall contain a counter or shelf. The booths shall be so ar-
ranged and constructed that all the members of the election board
can see whether or not more than one voter is in such bootn at an>
one time. The board shall provide for each precinct a chute or
passage with a railing, rope or wire on each cide, commencing fifty
feet away and leading to the polling place. (L. 1907-08, Ch.-31, Art.
3, Sec. 10. Took effect May 29th, 1908. C. L. 1909, Sec. 3165.)

Section 41. Sample Ballots and Tally Sheets Provided by
County Board. — The county board shall cause to be printed, for both
primary and general elections, as many sample ballots of all county
ballots, for the several precincts as is required of the state election
board, and same shall be delivered as hereinbfore provided in trie
case of state ballots. Said county board shall also cause to be
printed a proper supply of tally sheets, corresponding with the
county ballots, and all the rules and regulations mentioned in this
Act, governing the state board in preparing, printing and delivering
the state ballots and supplies, shall apply to and shall be observed
by said county board in its performance of live service wherever
and whenever such rules and regulations are applicable. (L. 1907-08,
Sec. 3166.)

—37—

Section 42. Needles and Twine to Be Furnished by County
Board. — The county election board shall provide for each precinct
four large needles with a sufficient quantity of heavy twine upon
which to thread all the ballots cast, those of each political party to
be strung by themselves. (L. 1907-08, Ch. 31, Art. 3, Sec. 12. Took
effect May 29th, 1908. C. L. 1909, Sec. 3167.

Section 43. Ink ads and Rubber Stencils to Be Furnished by
County Boards. — The county election board shall provide for each
precinct not less than four ink pads, and more if the size of the
vote would indicate their need, and for each they shall provide two
rubber stencils for stamping an X upon the ballots. (L. 1907-08, Ch.
31, Art. 3, Sec. 13. Took effect May 29th, 1908. C. L. 1909, Sec. 3168.)
Section 44. Sealing Wax — Pens — Pen Stocks and Ink — Furnished
by County Board. — The county election board shall provide for each
precinct one stick of sealing wax, one-half dozen writing pens and
four pen stocks and four lead pencils, also one small bottle of ink.
(L. 1907-08, Ch. 31, Art. 3, Sec. 14. Took effect May 29th, 1908.
C. L. 1909, Sec. 3169.)

Section 45. Ballot Boxes — To Be of Zinc — Size, Etc. — All ballot
boxes used at the last general election may be used in all elections
hereafter, and as it becomes necessary to construct new ballot boxes,
such work shall be under the direct supervision of the county elec-
tion board, such boxes shall be constructed of zinc, and shall be
fifteen inches by fifteen inches by eighteen inches in dimensions. One
end of each box shall have a hood or lid of like material fitted to it.
This lid shall have a small slit or opening in its center, six inches
long and one-fourth of an inch wide. The locks shall be spring locks,
so different in pattern that; the keys of one will not unlock the
other. (L. 1907-08, Ch. 31, Art. 3, Sec. 15. Took effect May 29th,
1908. C. L. 1909, Sec. 3170.)

Section 46. Official Ballot — Candidates' Names Thereon. — It
shall be the duty of the state election board to provide space upon the
official ballot for each candidate nominated by petition, and to see
that their names are printed thereon, under the device and title
designated by their respective petitions, but in no case shall a name
be printed unless the petition therefor conforms to the provisions of
the primary election law. (L. 1907-08, Ch. 31, Art. 3, Sec. 17. Took
effect May 29th, 1908. C. L. 1909, Sec. 3171.)

Section 47. Copy of Election Law — Sent to Each Precinct — With
Election Supplies. — The state election board shall cause a pamphlet
copy of the election laws of the state to be sent with the election
supplies for each precinct. (L. 1907-08, Ch. 31, Art. 3, Sec. 17. Took
effect May 29th, 1908. C. L. 1909, Sec. 3172.)

ARTICLE IV.

PRINTING AND FORM OF BALLOT

Section 48. Make Up Ballots— Advertising for Bids.— The state
election board shall cause proper copy to be prepared, on or before

—38—

the first day of September, succeeding each primary election, from
which shall be printed the state election ballots for each precinct
of each county. Likewise shall the county election board, on or
before said date, cause to be made proper copy from which shall be
printed the county ballots for each precinct. Such official copy shall
contain, properly grouped, under the name of the office for which
they are candidates, the names of all nominees of the several political
parties, as well as all non-partisan candidates. The state printer
shall, between the first and tenth day of September of such yeara
cause the legal notice advertising, for bids for printing the state
ballots to be insreted in a daily newspaper as required in Article
3 of this Act, and during said period the county election board shall
cause to be done the advertising required of It in regard to the
county ballots by said article. (L. 1907-08, Ch. 31, Art. 4, Sec. 1.
Took effect May 20th, 1908. C. L. 1909, Sec. 3181.)

Section 49. Time and Manner of Contract for Printing Ballots. —
All contracts for printing ballots for use in. general elections siiall
be entered into, and the official copy shall be delivered to the con-
tracting printer by the first day of October of such year. All state
ballots for a precinct shall be bound in a book by themselves/ Each
book shall bear upon the outside of the front cover a pasted slip
showing the name of the county and township and number of the
precinct to which it belongs. The covers of such books shall be
ordinary pasteboard and the binding shall be with paste and staples
or thread. In both state and county ballots there shall be printed
and bound one ballot for each registered voter: Provided, that in
precincts where registration is not required there shall be one ballot
for each voter reckoned upon, the number of ballots cast at the last
general state election and an additional number equal to one-third
of such ballots. (L. 1907-08, Ch. 31, Art. 4, Sec. 2. Took effect May
29th, 1908. C. L. 1909, Sec. 3182.)

Section 50. State Ballot Delivered to State Board — When —
County Board — When. — All state ballots shall be printed, bound and
delivered to the state election board on or before the eighteenth day
of October, and said state election board shall ship, as provided in
Article 3, said ballots to the secretary of the several county boards
not later than the twenty-second day of the said month. All county
ballots shall be printed, bound and delivered to the county election
board not later than said twenty-second day of October. (L. 1907-08,
Ch. 31, Art. 4, Sec. 3. Took effect May 29th, 1908. C. L. 1909, Sec.
3183.)

Section 51. Arrangement of Ballots. — The official ballot for the
general election shall be arranged and printed so that the candidates
or nominees of the various political parties will appear in columns,
a column being given to the nominees of each party. The candidates
of the Democratic party shall be printed in the first column, those
^f the Republican party in the second, .column, and those of other

—39-,

parties as the state election board may direct, giving preference to
the party which polled the largest vote at the last general election.
(L. 1907-08, Ch. 31, Art. 4, Sec. 4. Took effect May 29th, 1908. C. L.
1909, Sec. 3184.)

Section 52. Each Political Party to Select Emblem or Device. —
Each party shall have the right to select an emblem or device to be
used in designating its candidates upon the ballot: Provided, how-
ever, that no party shall be allowed to use the coat of arms or seal
of this state or of the United States, the national flag, or any em-
blem common to the people at large. Until changed by resolution of
a political party, in state convention, or through its. state central
committee, the emblem of the Democratic party shall be the picture
of a rooster, and that of the Republican party the picture of an
eagle, and that of the Socialist party the picture of an open hand.
(L. 1907-08, Ch.. 31, Art. 4, Sec. 5. Took effect May 29th, 1908. C. L.
1909, Sec. 3185.)

Section 53. Party Name on Ballot. — At the top of the column
shall appear the name of the party, as "Democratic," "Republican,"
"Socialistic," and without any line between shall next appear the
device, and further, without any dividing line, shall next appear a
circle at least one-half inch in diameter. Underneath these circles
shall be a line, extending entirely across the ticket. The name of
the office entitled to the first place in the column, preceded by the
word "for" shall next appear in bold type, like this, "For Governor."
Immediately after this shall be the name of the party's nominee for
such office, preceded by a square, one-fourth of an inch in si^e. The
initial of the 'first letter of a name of a candidate shall have only
the space of any "em" between it and this square, and there shall
be no line between 'the name of an office and that of such candi-
date; but shall be a line following the name of a candidate and the
name of the next office in order down the column. In this manner,
framing the officers in the order in which they are set out by the
Constitution and statute, the list shall be continued down each column
until all the nominees are given space. No party's list of candidates
shall occupy more than one column, and the columns shull be set
off with well defined lines. (L. 1907-08, Ch. 31, Art. 4, Sec. 6. Took
effect May 29th, 1908. C. L. 1909, Sec. 3186.)

Section 54. Ballot Stub — Form. — The ballots shall be printed
with a stub so perforated that the ballot will be easily detached there-
from. Upon the stub shall be printed, after the space for the name
and address of the voter, included a blank for the street number for
those living in towns, these words. "If a voter is challenged the clerk

shall write 'challenged' in this space " leaving sufficient

space for the word. Also these words, "If voter subscribes to an affi-
davit the clerk shall write 'sworn' in this space " leaving

sufficient space for the word. Then shall follow these words, "If
for any reason, the ballot is spoiled or not voted, the clerk shall

—40—

write 'spoiled' in this space " leaving sufficient space

for the word. At the upper right hand corner of the stub of each
ballot, and at the adjacent corner of the ballot, shall be printed or
stamped, by a consecutive numbering machine, the number of said
stub and ballot. The stub shall bear the same name as tne ballot,
and such numbering shall begin with number "1" in each precinct
and continue in consecutive order until each ballot and stub for that
precinct is numbered. The corner of the ballot on which said num-
ber appears shall be so perforated that it will be easily detached.
All ballots for general elections shall be upon white paper of such
thickness as will render it impossible to look at the back of a ballot
and tell for whom it is voted. Sample ballots shall be upon thin,
cheap yellow paper. (L. 1907-08, Ch. 31, Art. 4, Sec. 7. Took effect
May 29th, 1908. C. L. 1909, Sec. 3187.)

Section 55. Form of Ballot. — The makeup of a ballot for a gen-
eral election shall be as nearly in conformity with the following as
possible. The columns may be made to extend in an opposite direc-
tion to this diagram, with the head of the columns being upon the
perforation dividing the ballot from the stub, rather than as shown
in the accompanying form, provided the size of the ballot renders such
arrangement desirable. (L. 1907-08, Ch. 31, Art. 4, Sec. 8. Took
effect May 29th, 1908. C. L. 1909, Sec. 3188.)
FORM OF BALLOT.
NEVER DETACH THIS NUMBER FROM THE STUB. No

Name Address

Street If the voter is challenged, the clerk

shall write "Challenged in this space If the voter is

sworn, the clerk shall write "Sworn" in this space

If for any reason the ballot is spoiled or not voted, the clerk shall
write "Spoiled" in this space

WHEN VOTER RETURNS BALLOT DETACH THIS NUMBER
No...

DEMOCRATIC

REPUBLICAN

SOCIALIST

(Emblem)

(Emblem)

(Emblem)

O

O

O

For Governor

For Governor

For Governor

Name

Name

Name

Section 56. Certificate of Vote Cast. — There shall be printed and
bound in each precinct book of ballots and immediately following the

—-41—

ballots, a certificate upon which is printed a correct list of all the
offices to which candidates are aspiring, as shown by the ballots con-
tained in that book, with the names of the various candidates there-
for, grouped under the name of the office. In a separate column, and
just opposite each name, shall be the name of the political party
nominating such candidate. Following this shall be a column of suf-
ficient width to write in words, the total number of votes said can-
didate received at that precinct. Just preceding this tabulation of
names, as just provided for, shall be printed the following, viz:

•"We, the undersigned official counters for the election held at

Precinct number of township of

county, on November 191 , hereby certify that the

correct number of votes received at said precinct by the various can-
didates voted for is set forth below in written words. The votes for
each candidate being recorded in a column set opposite his name, as
follows :

(Here shall follow the tabulation of the various groups of candi-
dates' names, with the name of their respective office preceding the
several groups.) After the tabulation of candidates' names shall be
printed proper statements showing the number of ballots spoiled,
recording the consecutive number thereof, also a statement that the
official counters have counted the unused ballots, certifying to the
number of same, also showing the consecutive number of said unused
ballots, by giving the number of the first one and the last one, and
stating that they are included in the number. After this shall follow
the signature of the official counters, who shall swear to the correct-
ness of such certificate, and such oath may be attested by either of
the members of the precinct election board. Proper blanks shall be
printed for such attestation. (L. 1907-08, Ch. 31, Art. 4, Sec. 9. Took
effect May 29th, 1908, C. L. 1909, Sec. 3189.)

Section 57. County Board to Have Proper Notice. — The precinct
inspector shall, after proper notice from the secretary of the county
election board, apply for and receive said supplies from the county
election board, on the last Thursday, Friday or Saturday preceding
the first Tuesday after the first Monday in November, and should he
fail, a special messenger shall be dispatched on the day preceding the
said first Tuesday after the first Monday in November, with said sup-
plies as is provided in case of primary elections. (L. 1907-08, Ch. 31,
Art. 4, Sec. 10. Took effect May 29th, 1909, Sec. 3190.)

Section 58. Refusal of Nominee to Run as Nominee of Party. —
Should any nominee of a political party from any cause decline to run
as the party nominee, after a nomination has been made as herein
provided, such nominee, if living, shall, in writing, duly acknowldeged
before a notary public, notify the election board or officer with whom
was* filed the nominating petition of his candidacy, that he will no
longer be a candidate. Should he be dead or removed from the juris-
diction, or should he refuse to file such notice, then the chairman

—42—

or secretary of the political party of which he was the nominee, can
file with the proper election board or officer their affidavit stating the
facts, and if such election board finds a vacancy to exist, after a
nomination and before the printing of the official ballot for the gen-
eral election, the central committee of the political party affected,
and for the jurisdiction in which the nominee was a candidate.-may.
in writing, nominate a substitute candidate: Provided, it is in time
to not delay the printing of the official ballots, the name of such sub-
stitute nominee shall be placed upon the official ballots. Should the
vacancy occur when it is too late to permit the name of the sub-
stitute nominee to be printed upon the ballots, the election board in
and for the territory affected by the change shall have the name of
the substitute candidate printed upon as many stickers or gummed
labels as there were ballots printed for each precinct in said jurisdic-
tion. Said stickers shall be of only such size as will cover one name
upon the ballot, and said stickers shall be forwarded through the
proper election boards to the precinct inspector, and he shall deliver
them at the voting place with the other supplies. One of the stickers
shall be pasted by the election officers over the name for which it la
a substitute on all ballots used. When a name is so pasted upon a
voted ballot it shall have the same effect as if originally printed on
the ballot. (L. 1907-08, Ch. 31, Art. 4, Sec. 11. Took effect May 29th,
1908. C. L. 1909, Sec. 3191.)

Section 59. Duty of County Election Board, Relative to Official
Returns. — It is hereby made the duty of the county election board to
convene at the county court house by or before five o'clock p. m.
upon the day of each election, for the purpose of receiving the official
returns, and they shall remain in session until eleven o'clock on said
evening, and shall reconvene upon the next succeeding day at eight
o'clock a. m., and so remain in session until said returns are all de-
livered. They shall list the result of such election as they are deliv-
ered, upon the books prepared for that purpose by the state board,
and when the result in both state and county contests have all been
recorded from the counters' certificates, said board shall issue certifi-
cates of election to all county candidates, and shall certify the result
in each state contest to the state board, and such certificates,
when properly certified to, shall be prima facie evidence of
the correctness of the result in the several counties. The state board
shall, when all county boards have reported hereundr issue certifi-
cates of election to the candidates for all offices over which the
county board has no jurisdiction. The said state board shall keep a
detailed record of the result by counties as certified to it. (L. 1907-08,
Ch. 31, Art. 4, Sec. 12. Took effect May 29th, 1908. C. L. 1909, Sec.
3192.)

, ARTICLE V.

ELECTORS.

Section 60. Who Are Qualified Electors. — TJ^e qualified electors

—43—

of the state shall be male citizens of the United States, male citizns
of the state, and male persons of Indian descent, natives of the United
States who are over the age of twenty-one years who have resided in
the state one year, in the county six months, and in the election pre-
cinct thirty days next preceding the election at which any elector
offers to vote: Provided, that no person adjudged guilty of a felony
after the adoption of the Constitution of this state, subject to such
exceptions as the Legislature may prescribe, unless his citizenship
shall have been restored in the manner provided by law; nor any
person while kept in a poor house or asylum at the public expense,
except Federal and Confederate ex-soldiers; nor by any person in the
public prison, nor any idiot or lunatic, nor shall any person be allowed
to vote in any election held herein, unless he is able to read and
write any section of the Constitution of the state of Oklahoma, but
no person who was, on January first, 1866, or any time prior thereto,
entitled to vote under any form of government, or who at that time
resided in some foreign nation, and no lineal descendant of such per-
son, shall be denied the right to vote because of his inability to so read
and write a section of such Constitution. (L. 1911, H. B. 27, Sec. 12.
Took effect March 18, 1911.)

Section 61. U. S. Soldiers' Residence Not Altered. — For the pur-
pose of voting no member of the regular army or navy of the United
States shall gain a residence in this state nor shall any person lose a
residence in this state while absent from the state in the military or
naval service of the United States. ' (L. 1907-08, Ch. 31, Art. 5, Sec. 2.
Took effect May 29th, 1908. C. L. 1909, Sec. 3194.)

Section 62. Challenge of Voter. — Any elector shall, upon present-
ing himself to vote, announce to the clerk of the election, his name,
town, or if a city of the first class give his street number. Any elec-
tion inspector or challenger may challenge the right of any person to
vote, and if a person be challneged on the ground that he is not able
to read and write any section of the Constitution, and was not a legal
voter under any form of- government on January 1st, 1866, or one
whose ancestor was not a legal voter on said date, before being per-
mitted to make the affidavit required below, he shall be required to
read and write any section of the Constitution. No person challenged
shall be permitted to vote unless he make an affidavit in writing that
he is a qualified and legal voter of the precinct, also his name, resi-
dence, occupation, place or places of residence during the six months
prior to the election, with the date of any removal within tnat time,
and names of two persons who have personal knowledge of his resi-
dence in the precinct thirty days, and the county six months and in
the state one year. He shall then be allowed to vote unless the
election inspector or challenger, make affidavit in writing that ht
knows, or is informed and verily believes that the person Coffering
to vote shall not thereafter be allowed to vote unless one qualified
elector, of the precinct, who has been a freeholder and householder

—44—

in the precinct for at least one year next preceding such election,
shall make affidavit in writing that he has personal knowledge of
such person offering to vote being a legal voter at the precinct:

Provided, however, not more than two challenged voters shall re-
main inside of the polls at one time, but upon being challenged -upon
any grounds, such voter shall return outside of the polls and re=entet
in the order in which he was challenged, for the purpose of being
tested as to qualifications. The affidavit of the challenged pel-sort
shall be in the following form:
STATE OF OKLAHOMA, County of , ss:

I do solemnly swear (or affirm) (1) I am a male citizen of the
United States. (2) I am a native of the United States. (3), I have
for more than thirty days last past resided in the precinct in which
I am now offering to vote, and that I am now a bona fide resident
of this precinct. (4) I have resided for more than six months last
past in the county in which I am now offering to vote. (5) I have
resided for more than one year, last past, in the state of Oklahoma.
(6) I am over the age of 21 years. (7) I am not deprived oi any
rights of citizenship by virtue of any conviction of a felony. (8) I
am not now being kept in a poor house, or other asylum at public
expense. (9) I am not now kept in a public prison. (10) I am not a
lunatic. (11) I am not an officer or soldier in the regular army, or
a marine in the navy of the United States. (12) I know no reason
why I am not entitled to vote. (13) I am generally known by the

name under which I now desire to vote, which is

(14) I have not voted and will not vote

in any other precinct in this election. (15) My occupation is

(16) My residence is (If in city

or town give street number). (17) During the last six months, I

have resided at (18) I have moved from

to of the following date.

(19) That and have personal knowl-
edge of my residence in the precinct thirty days and in the county
six months, and the state one- year.

Subscribed and sworn to before me this day

of-. __19__

The inspector shall file such affidavit and safely keep the same
until it is delivered as hereinafter provided, to the county election
board.

The other affidavits herein referred to shall be in the following
form:

STATE OF OKLAHOMA, County of , ss:

I swear that I know, or am informed and believe that

now offering to vote, is not a legal voter in this

precinct.

Subscribed and sworn to before me this day

of-- __19__

STATE OF OKLAHOMA, County of , ss:

I do solemnly swear (or affirm) that I am a quallped elector oc
this precinct; that I have been a freeholder and householder in this

precinct for one year next preceding this election; that

who now desires to vote 'has resided in this state for one year im-
mediately preceding this election; that he has resided in this county

six months and in this precinct thirty days, at

that he is now a bona fide resident of this precinct and a legal voter
therein. These facts I know of my own personal knowledge.

Subscribed and sworn to before me this day

of.. __19__

Should the person challenged not be a native of the United States,
unleas he be of Indian descent, he may strike out the avowal number
"2" in the affidavit to be by him subscribed. If he be not of Indian
descent, he must be a native of the United States to be entitled to
vote. Should the person challenged be, at the time confined in a poor
house, or other asylum at public expense, he may still be entitled to
subscribe to said affidavit and vote, provided he will strike out of
avowal number "8" as arranged herein, the word "not" and add at the
close of such avowal, with pen and ink the words, "As a soldier of
the war of 1861-65 between the states." Should the person challenged
be an officer in the regular army or a marine in the navy of the
United States, enlisted from this state, he may strike out the word
"not" in avowal number "11," and add at the close of the avowal
the words, "But I enlisted from this state," and strike out the avowal
number "18" in case he has not removed as therein provided. The
foregoing instructions, following the above jurat, shall be printed
upon the affidavit in bold type, and immediately following the jura!
with an index hand at the beginning of each paragraph. When such
affidavits have been signed and sworn to, the clerk shall provide the
elector with a ballot. The precinct inspector is hereby empowered
to administer all oaths required by this act and all affidavits touching
the qualifications, of an elector required by this act shall be sub-
scribed and sworn to before said precinct inspector. (L. 1911, H. B.
2?, Sec. 13. Took effect March 18th, 1911.)

ARTICLE VI.
CONDUCTING ELECTIONS.

Section 63. Election to Open and Close — When. — All elections
shall be opened in the forenoon at the hour of eight o'clock, and shall
be kept open, continuously, until the hour of six o'clock in the after-
noon: Provided, that in cities of the first class the polls shall be
opened at six in the forenoon, and shall be kept continuously open

—46—

until the hour of seven o'clock in the afternoon. Ten minutes before
the hour of closing the polls, the inspector of elections^ shall make" a
public proclamation, in a loud and distinct voice, to the people outside
the election enclosure that in ten minutes the polls will close. When
the time arrives for the closing of the polls, said inspector shall make
the proclamation, in a loud and distinct voice, to the said peopleJLhat
the polls are closed and the clerk shall enter a minute of such last
proclamation upon the poll list, and no other ballot shall be received
or deposited after the entry of such minute. (L. 1907-08, Ch. 31, Art.
6, Sec. 1. Took effect May 29th, 1908. C. L. 1909, Sec. 3196.)

Section 64. Exposure of Boxes Prior to Opening Ballots. — When
all else is in readiness for the opening of the polls, the inspector shall
open the ballot boxes and in view of the other election officers and
spectators shall turn all of them top down, to show that no ballots
are contained therein, and then lock the boxes and hand the key to
one lock to the judge and the key to the other lock to the clerk:
Provided, they are of different political parties. If they are not of
diffreent political parties he shall retain one set of keys and hand
the other to an election officer of a different political party, and the
box shall remain locked until the counting begins. The same action
shall be taken as regards all the boxes. (L. 1907-08, Ch. 31, Art. 6,
Sec. 2. Took effect May 29th, 1908. C. L. 1909, Sec. 3197.)

Section 65. Number of Persons Allowed Within Enclosure. — At
no time during the hours of voting shall any person other than the
election officers, and the electors who are within the booths for the
purpose of voting, be allowed inside such enclosure and no more
electors shall be allowed within such enclosure at any one 'time than
one for each booth and onjp other, and electors shall be permitted to
enter in the order in which they present themselves at the door or
entrance. (L. 1907-08, Ch. 31, Art. 4; Sec. 3. Took effect May 29th,
1908. C. L. 1909, Sec. 3198.) See Sec. 40.)

Section 66. Voter Physically Unable. — When any elector pre-
sents himself for a ballot and states that he, because of a physical
disability or infirmity, is unable to stamp his ballot, one of the pre-
cinct election board shall cause such elector to be sworn after the
following form:

Do you solemnly swear (or affirm) that you are unable to stamp
and prepare your ballot for voting, because of a physical disability or
infirmity? Should the elector so qualify himself it shall be the duty
of two such precinct election officers, of opposite political parties, to
give to such elector such assistance as he needs, but in all such in
stances the elector must, without suggestions from such officer, name
the ticket, or the names of the candidates for which he desires to
vote, and, in no instances shall an election officer volunteer any sug-
gestion to such elector, as to who should and should not be voted for.
Such assistance shall be given at the ballot box, and all other electors
than the election officer shall be kept sufficiently distant that they

—47—

will not hear or know how such informed elector voted. Any election
officer who employs deception and causes such an elector to vote for
a party or candidate other than the one he wishes, shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be fined not less
than fifty nor more than five hundred dollars, and be imprisoned in
the county jail not less than thirty days nor more than six months.
(L. 1907-08, Ch. 31, Art. 6, Sec. 4. Took effect May 29th, 1908. C. L.
1909, Sec. 3199.)

."Section 67. Mutilated Ballots. — Should any elector spoil or mutil-,
ate his ballot, in his effort to vote the same, he shall fold it and
return it in the presence of the election officer and sucn elector shall
then in the presence of said officer, destroy said ballot by burning
or otherwise, and the clerk of the election shall provide such elector
with another ballot, in the same manner that the first one was pro-
vided. The clerk shall endorse upon the proper blank line upon the
stub of the spoiled ballot the word "Spoiled." He shall not write the
name o fthe elector upon the stub of the duplicate ballot, but shall

write instead the words "Duplicate of Number ," giving

the number of the stub of the original, or spoiled ballot. Any elector
refusing to destroy a mutilated ballot, or any election officer per-
mitting an elector to retain a mutilated ballot, shall be deemed guilty
of a misdemeanor, and, upon conviction shall be fined not less than
twenty-five nor more than five hundred dollars, and be imprisoned
in the county jail for not less than thirty days nor more than six
months. (L. 1907-08, Ch. 31, Art. 6, Sec. 5. Took effect May 29th,
1908. C. L. 1909, Sec. 3200.)

Section 68. Challenger — How Appointed. — In all elections, any
candidate shall have the right to have a challenger, if appointed; by
him in writing, stationed outside the enclosure, but in view of the
entrance, and of the election officers, and such challenger shall have
the right to question any elector, and to challenge his right to vote if
he so desires, and when an elector is so challenged he may sub-
scribe to the oath provided for challenged voter or else he shall not
be allowed to vote. No other person may remain within fifty feet of
the same, except for the purpose of offering his vote, and voters shall
approach and enter the chute in order in which they appear for the
purpose of voting. If any erson desiring to vote shall be challenged
by any one of the challengers, or by any member of the election
board he shall stand aside and not be entitled to vote, unless he fills
out and swears to the oath provided for challenged voters. Members
of a precinct election board who permit an elector to vote when t*j
has been challenged by an authorized challenger, without first requir-
ing said elector to subscribe and swear to the affidavit aforesaid, shall
fce guilty of a misdemeanor, and upon conviction shall be fined not
less than fifty nor more than five hundred dollars each, and may be
confined in jail not to exceed six months. (L. 1907-08, Ch. 31, Art. 6.
Took effect May 29th, 1908. C. L. 1909, Sec. 3201.) (See Sees. 40-65.)

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Section 69. How Election Held If Supplies Fail to Reach Pre-
cinct.— Should the supplies for any precinct fail to be delivered at
such precinct's voting place, by nine o'clock a. m. on the morning
of any election, the citizens and electors entitled to vote at such pre-
cinct, provided as many as ten of them be then assembled, or at any
hour during the day thereafter, when as many as ten of such electors
are assembled, may proceed to hold an election by choosing repre-
sentatives from the several political parties desiring to assist in such
work, which representatives when so chosen, may proceed to prepare
written ballots which may be cast by the electors in a box to be pre-
pared for the purpose, and such election shall be by secret ballot, in so
tar as the same is possible: Provided that the provisions of this section
shall not prevent an elector under such circumstances, from preparing
his own ballot, in writing, and all ballots so prepared under the cir-
cumstances above described and cast at such election shall be
counted and considered: Provided, the interest of the elector is made
apparent. (L. 1907-08, Ch. 31, Art. 6, Sec. 7. Took effect May 29th,

1908. C. L. 1909, Sec. 3202.),

ARTICLE VII.
VIOLATION— PENALTY.

Section 70. Member of Precinct Board — May Be Excused — When.
— If a member of the precinct board desires to be relieved from duty
as- such and it is too late to notify the county board, he shall apply
to the other two members of the precinct board, and if they both
agree and his> excuse is reasonable, then he will be excused from
service; otherwise, he must serve and perform the duties of his office,
and should he not serve, and not file his excuse with the other two
members of the Board in time to prevent a delay then such
members shall be deemed guilty of a misdemeanor, and upon convic-
tion shall be fined not less than five nor more than twenty-five dollars.
(L. 1907-08, Ch. 31, Art. 7, Sec. 1. Took effect May 29th, 1908. C. L.

1909, Sec. 3203.)

Section 71. Counter to Notify Board of Inability to Serve. — Any
person regularly chosen as official counter, who cannot serve must
notify the precinct election board at the time he is informed of his
election, that he cannot serve. Any person regularly chosen as official
counter, who fails to serve, unless excused, by a majority of the
precinct election board shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than five nor more than twenty-five
dollars. (L. 1907-08, Ch. 31, Art. 7, Sec. 2. Took effect May 29th,
ia08. C. L. 1909, Sec. 3204.)

Section 72. Illegal Voting — Procuring Illegal Voting — Penalty. —
Any person not entitled to vote at any election in this state, who
exercises that right and casts his vote, whether he be challenged or
not, shall be guilty of a felony and upon conviction shall be confined
in the state prison not less than one year nor more than three years.
Any person who procures a person to vote when such person is not

entitled to vote, under the provisions of this Act, shall be deemed
guilty of a like offense, and subject to a like penalty. In the prosecut-
ing of any procuring the casting of any illegal vote, if it is "shown
that the accused insisted and persuaded or urged the party to vote,
this shall be a presumption of guilt. (L. 1907-08, Ch. 31, Art. 7, Sec.
3. Took effect May 29th, 1908. C. L. 1909, Sec. 3205.)

Section 73. False Swearing — Procuring Same — Penalty. — Any
person who makes a false affidavit under the provisions of Section 16
of this article shall be guilty of false swearing, and upon conviction
shall be confined in the state prison not less than one nor more than
three years, and any person encouraging or procuring the execution
of such false affidavit shall be deemed guilty of a like offense and
subjugated to a like penalty. In the prosecution of one charged with
procuring another to swear falsely hereunder, if it is shown that the
accused urged and insisted upon the party signing and swearing to
the affidavit, this shall be a presumption of guilt. (L. 1907-08, Ch.
31, Art. 7, Sec. 4. Took effect May 29th, 1908. C. L. 1909, Sec. 3206.)

Section 74. Penalty for Removal of Election Supplies. — Should
any election officer or other person remove any ballot, ballot box,
tally sheet, stencil, pad, or any of the election supplies outside the
enclosure in which the election is required to be held, or should any
election officer or any other person have any such supplies outside
such enclosure or should any election officer or other person tear
down, mutilate, or injure any card of instructions posted; under the
provisions hereof, or destroy, mutilate, injure or appropriate any of
the election supplies either while the same are in use or while sorted,
such offending party shall be fined not less than twenty-five nor more
than five hundred dollars, and shall be confined in the county jail not
less than thirty nor more than ninety days. (L. 1907-08, Ch. 31, Art. 7,
7, Sec. 14; took effect May 29th, 1908. C. L. 1909, Sec. 3216.)

Section 75. Electioneering Prohibited — Electors — Must Not Dis-
close Ballot. — No person shall be allowed to electioneer within fifty
feet of any election booth or ballot box, while an election is in prog-
ress, nor shall any person or persons be allowed to congregate or be
within less than fifty feet of any election .booth or ballot box while
an election is in progress. No person shall, within the election en-
closure, disclose to any officer or to any other person how he voted,
nor shall any elector expose his ballot to any one. Any one violating
this section shall be deemed guilty of a misdemeanor and upon con-
viction shall be fined not less than ten nor more than one hun-
dred dollars. (L. 1907-08, Ch. 31, Art. 7, Sec. 6. Took effect May
29th, 1908. C. L. 1909, Sec. 3208.)

Section 76. Inspector to Deliver Returns. — Any election inspec-
tor who fails to make delivery of the election returns, to the county
election board, who alters or changes any certificate, affidavit or
writing of any kind, connected with said returns, or who opens the
election box, or any of the envelopes, or mutilates or defaces any box1

—50—

or election returns while in his care in being transferred from or to
the county election board shall be deemed guilty of a felony and
upon conviction shall be confined in the state prison for not less than
one nor more than six years. (L. 1907-08, Ch. 31, Art. 7, Sec. 7. Took
effect May 29th, 1908. C. L. 1909, Sec. 3209.)

Section 77. Employer to Allow Time to Attend Election. — Every
corporation, firm, association or individual who, on election day, has
an elector employed or in his service; and every foreman, superin-
tendent or other person in charge of employees shall grant each of
said employees two hours of time during the period when the elec-
tion is open in which to vote, and if such employee be in the county
or at such distance from the voting place that more than two hours
are required in which to attend such elections, then he shall be al-
lowed a sufficient time in which to cast his ballot, and such corpora
tion, firm, or association, individual, foreman, superintendent or other
person in charge of such laborers, shall select the hours which such
employees are to be allowed in which to attend such elections, and
shall notify each of the employees which hours they are to nave in
which to vote, and any corporation, firm or association, individual,
foreman or superintendent who fails to so notify such employees as
herein provided, shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than fifty nor more than five hun-
dred dollars for each elector whom they failed to so notify, and any
individual with such electors employed, or foreman or superintendent,
who fails to so notify such employee, shall in addition to said fine,
be, upon conviction, imprisoned in the county jail not less than two
nor more than six months. (L. 1907-08, Ch. 31, Art. 7, Sec. 8. Took
effect May 29th, 1909. C. L. 1909, Sec. 3210.)

Section 78. Corporations Not to Contribute to Campaign Fund. —
No corporation chartered under the laws in this state, shall contribute
to any campaign fund of any political party of this state or to any
person for the benefit of such party or its candidates nor shall they,
through any agent, officer, representative, employee, attorney, or any
other person or persons, so contribute. Nor shall any such corpora-
tions, except a banking corporation of this state, directly or through
such other person, make any loan of money, or anything of value, or
give or furnish any privilege, favor, or other thing of value to any
political party, or to any representative of a political party, or to any
other person for it, or to any candidate upon the ticket of any politi-
cal party.

Any agent, employee, representative, official, attorney, or any
other person, who act for a corporation in extending any of the
benefits herein prohibited, shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than fifty nor more than one thou-
sand dollars, and imprisoned in the county jail not less than thirty
nor more than one hundred and twenty days: Provided, the pre-
visions of this section shall apply to any non-partisan candidates.

—51—

(L. 1907-08, Ch. 31, Art. 3, Sec. 9. Took effect May 29th, 1908. C. L.
1909, See. 3211.)

Section 79. Corporation Not to Attempt to Influence Vote. — Any
corporation, whether chartered under the laws of this state, or of a
foreign state, and which has been permitted to do business herein,
which, through its officials, employees, agents, attorneys, representa-
tives or some other person or in any other manner, directly or indi-
rectly, influences or attempts to in_uence, by bribe, favor, promise,
inducement, threat, intimidation, importuning, or beseeching to con-
trol the vote of any employee or other person shall be deemed guilty
of a misdmeanor, and upon conviction shall be fined not less than
five hundred nor more than five hundred nor more than five thousand
dollars, and the person or persons so acting for such corporation in
the violation of this section shall be deemed guilty of a misdemeanor,
and upon conviction shall be fined not less than five hundred nor
more than one thousand dollars, and imprisoned in the county jail
not less than sixty nor more than one hundred and twenty days.
(L. 1907-08, Ch. 31, Art. 1, Sec. 10. Took effect May 29th, 1908. C. L.
1909, Sec. 3212.)

Section 80. Corporation Liable for Acts of Agent. — When any
official, agent, attorney, or employee of a corporation has been shown
to have violated the provisions of sections 3210 (77) and 3211 (78)
.of this Article, it shall be presumed that he was acting for such cor-
poration, and the burden shall be upon the accused corporation to
show that such official, agent, attorney or employee was not acting
for it or with its sanction. (L. 1907-08, Ch. 31, Art. 7, Sec. 11. Took
effect May 29th, 1908. C. L. 1909, Sec. 3213. )

Section 81. Near Election While Intoxicated — Penalty. — Any per-
son who takes intoxicating liquors of any kind, character or quantity,
to within one-half mile of any voting place, or an election day, or who
gives r offers to another person, at any place, on such a day, a drink
of liquor, or of any other drinks commonly known and accepted as
substitutes for whiskey or beer, or any person who shall attend an
election or be upon th'e grounds near, an election, in an intoxicated
condition, shall be deemed guilty of a misdemeanor, and upon con-
viction shall be fined not less than twenty-five nor more than five
hundred dollars, and confined in the county jail not less than one
nor more than three months. Any person offending hereunder, should
be forthwith arrested. (L. 1907-08, Ch. 31, Art. 7, Sec. 12. Took' effect
May 29th, 1908. C. L. 1909, Sec. 3214.)

Section 82. Penalty for Interference With an Election. — Any
person who interferes with an election, by noisy or riotous conduct,
or in any otherwise, or who attempts to so interfere, or any person
who refuses to obey any order of the election officers, given in the
discharge of their duties, in keeping order about the voting place,
shall be deemed guilty of a misdeameanor, and upon conviction shall
be fined not less than ten or more than one hundred dollars for such

—52—

offense, and such person shall be arrested at the time the offense is
committed. (L. 1907-08, Ch. 31, Art. 7, Sec. 13. ook effect May 29th,

1908. C. L. 1909, Sec. 3215.)

Section 83. Bribery. — Any person guilty of offering, giving or ac-
cepting a bribe, a reward, a benefit, or advantage, or anything of
value, pres.ent or future, directly or indirectly, intended to influence
the vote of the person to whom it is given or offered, shall be deemed
guilty of a felony and upon conivction shall be fined not less than
one hundred nor more than one thousand dollars, and shall be con-
fined in the state prison not less than one nor more than three years
for eadb. offense. Money or other things of value, given or lent to be
betted on the result of an election, or the promise thereof, of a bet
with another that such other will vote a certain ticket or for a cer-
tain candidate, and the gift of such bet or the share therein, or the
promise thereof, shall be deemed a bribe. Whoever shall receive
money or other thing of value, to be so betted under such agreement,
or whoever receives money or other thing of value to be used for
the purpose of procuring or influencing the vote of himself or another,
shall be deemed guilty to have been bribed. (L. 1907-08, Ch. 31, Art.
7., Sec. 14. Took effect May 29th, 1908. C. L. 1909, Sec. 3216.)

Section 84. Disf ranch isement. — Any person convicted under the
provisions of the foregoing section shall henceforth be excluded from
holding any civil office in this state, and shall forever be deprived of
his right of suffrage. (L. 1907-08, Ch: 31, Art. 7, Sec. 15. Took effect
May 29th, 1908. C. L. 1909, Sec. 3217.)

Section 85. Witness — Self-lncrimination — Effect. — No witness
shall be excused from giving his testimony before any grand jury,
inquisitorial, or trial court, upon the ground that such testimony
would incriminate himself, but not such testimony shall be used
against such witness at any time, or in any prosecution. Any per-
son to whom a bribe or benefit has been given, who voluntarily dis-
closes the evidence and the facts to the proper authorities and pro
cures a conviction, under Section 14 of this article of the person who
gave the bribe or benefit, shal1 not be prosecuted of procuring a bribe.
(L. 1907-08, Ch. 31, Art. 7. Sec. 16. Took effect May 29th, 1908. C. L.

1909, Sec. 3218.)

Section 86. Penalty for Refusal to Execute Correct Certificate of
Election. — Any member of a precinct, county or state board, who re-
fuses to execute a correct and proper certificate of nomination or of
election, or who issues or executes or aids or abets, in issuing a false
or fraudulent certificate, or who alters or changes any certificate in his
possession or care, shall be deemed guilty of a misdemeanor, and upon
conviction, shall be fined not less than twenty-five nor more than five
hundred dollars, and imprisoned in the county jail not less than one
nor more than three months. (L. 1907-08, Ch. 31, Art. 7, Sec. 17. Took
effect May 29th, 1908. C. L. 1909, Sec. 3219.)

Section 87. Penalty for Attempt to Bribe Candidate or Nominee.

— Any person who shall offer or give to another anything of value, to
induce or cause such other person to withdraw from a political contest,
as a candidate or nominee at any election, shall be guilty of a felony,
and upon conviction, shall be imprisoned in the penitential y for not
less than one nor more than three years. (L. 1907-08, Ch. 31, Art. 7,
Sec. 18. Toolj effect May 29th, 1908. C. L. 1909, Sec. 3220.)

Section 88. Penalty for Soliciting or Accepting Bribe. — Any per-
son who shall solicit or accept from another anything of value for
withdrawing from any political contest as a candidate or nominee for
any office at any election, shall be guilty of a felony and upon convic-
tion shall be imprisoned in the penitentiary for not less than one nor
more than three years. (L. 1907-08, Ch. 31, Art. 7, Sec. 19. Took ef-
fect May 29th, 1908. C. L. 1909, Sec. 3221.)

Section 89. Penalty for Removal of Ballot. — If any person shall
take or move from any place where they may be, under this Act, any
ballots, ballot boxes, stamps or other election apparatus, or any per-
son found to be in the possession of such balots, stamps or apparatus,
except as an officer or custodian under this Act, or while in the poll-
ing place for the purpose of voting; or if any such cutsodian or official
shall consent to or permit of any such ballots or stamps to be removed
or carried away from the place where they may lawfully be by any
person except a custodian under the authority of this Act, whose duty
it is to receive the same, such person, custodian or official shall be
deemed guilty of a felony, and upon conviction thereof shall be pun-
ished by imprisonment in the penitentiary for a period of not exceed-
ing five years. (L. 1907-08, Ch. 31, Art. 7, Sec. 20. Took effect May
29th, 1908. C. L. 1909, Sec. 3222.)

Section 90. Penalty for Mutilating or Carrying Away Election
Supplies. — Any one guilty of defacing, mutilating, destroying or carry-
ing away any of the eection supplies, whether it be at the time the
same is in use, or while it is stored, shall be deemed guilty fo a misde-
meanor, and upon conviction shall be fined not less than twenty-five
nor more than five hundred dollars, and may be imprisoned in the
county jail not less than ten nor more than thirty days. (L. 1907-08,
Ch. 31, Art. 7, Sec. 21. Took effect May 29th, 1908. C. L. 1909, Sec.
3223.)

ARTICLE VIII.
REGISTRATION.

Section 91. Registration System Created. — There is hereby cre-
ated and established a registration system in the various cities of the
first class in the state of Oklahoma for the registration of electors,
and no elector shall be allowed to- vote in any election held in such
cities unless he has complied with the provisions hereof. (L. 1907-08,
Ch. 31, Art. 8, Sec. 1. Took effect May 29th, 1908. C. L. 1909, Sec.
3223.)

Section 92. Duty of Inspector— Time of Registration.— It shall
be the duty of the election inspector for each precinct within cities of

—54—

the first class beginning with the first day of July preceding each bi-
ennial primary election and continuing (Sundays excepted) unti the
hour of nine o'clock p. m. on the last Saturday night of said month of
July, to keep open the precinct registration book in his care as, here-
inafter provided for the registration of any electors residing within
such precinct and entitled to registration thereunder. (L. 1907-08, Cr.
31, Art. 8, Sec. 2. Took effect May 29th, 1908. C. L. 1909, Sec. 3224.)

Section 93. Duty of Inspection When in Doubt of Elector's Right
to Vote. — Should the inspector of the elections have any doubt about
the right of the person offering for registration to vote, he may when
he has filed said certificate read the same to such person and require
him to sign and be sworn to the facts therein stated, in which event
the said inspector shall endorse the word "Sworn" in the lower left
hand corner of such certificate. Any person who is guilty of furnish-
ing a false statement to the inspector of elections in obtaining the
above mentioned certificate shall be deemed guilty of a misdemeanor,
and upon conviction shall be fined not less than twenty-five dollars nor
more than five hundred dollars, and confined in the county jail not
less than two months nor more than six months. Any person who
makes a fals.e oath to such certificates when read to him by said in-
spector, shall be deemed guilty of false swearing, and upon conviction
shall be confined in the penitentiary for not less than one nor more
than two years. (L. 1911, H. B. 27, Sec. 11. Took effect March 18th,
1911.)

Section 94. Duty of Elector in Registering. — An elector present-
ing himself for registration, shall announce his name, and place of
residence, he shall answer all the questions propounded to him by said
inspector, or by any citizen of the precinct, touching his qualifications
as an elector and his right to vote. (L. 1907-08 Ch. 31, Art. 8, Sec. 4.
Took effect May 29th, 1908. C. L. 1909, Sec. 3236.)

Section 95. State Board to Furnish Registration Books. — It shall
be the duty of the state election board to have prepared and printed
for each city of the first class, at the expense of the state, proper reg-
istration certificate books and blank forms with the perforation on
every other sheet or leaf of said book. The perforated leaf of said
book shall be for the purpose of writing the original registration cer-
tificate of the elector; immediatey underneath the same shall be a
carbon sheet and immediatly underneath such carbon sheet shall be
an exact duplicate of the original certificate, but the same shall not
be perforated. Such books or certificates shall be bound with paste-
board backs and wire staples or threads as may be deemed advisble,
and upon the outside of the front cover of each book shall be pasted in
bold type the number of the precinct, the number of the ward and
county, for which book is prepared. It shal contain one original cer-
tificate and one duplicate thereof, for each elector of the precinct for
which it is prepared, together with an additional amount of such cer-
tificates rnd duplicates equal to fifty per centum of the voters of such

—55—

precinct and the official vote at the last general state election in said
precinct shall be taken as the basis upon which to regulate the num-
ber of said registration certificates. (L. 1907-08, Ch. 31, Art. 8, Sec. 5.
Took effect May 29th, 1908-. C. L. 1909, Sec. 3237.)

Section 96. To Have Books Printed, When.— Said state board
shall have such books of certificates printed on or before the first
Monday in June of each year of registration, and shall deliver the
same to the chairman of the county election board, to be delivered by
him to the inspector of the several precincts in due time for the regis-
tration as herein provided, and such county election board shall re-
quire a receipt from the several inspectors of such elections, giving
the date upon which they receive such book or books. (L. 1907-08,
Cr. 31, Art. 7, Sec. 6. Took effect May 29th, 1908. C. L. 1909, Sec.
3238.)

Section 97. Form of Registration Certificates. — The certificate
above provided for shall be in form as follows, to-wit: Precinct No.
of Ward County.

.This is to certify .that a person known

to me. has this day presented himself for registration as an elector in
this precinct; that before issuing this certificate I required such per-
son to answer such questions as propounded to him. He says that his

frame is as above written; that he resides in this precinct, at No __

Street; he says his postoffice address is ;

that the color of his hair is __; his eyes ;

his complexion , and politically he is a ;

that he refers to as an owner of real estate whom he

says knows that he is entitled to vote in this precinct.

Given under my hand on this, the day

of__ _.A. D. 19--

Inspector of Elections, Precinct No

(L. 1907-08, Ch. 31, Art. 8, Sec. 7. Took effect May 29th, 1908. C.
L. 1909, Sec. 3239.)

Section 98. Registration Officer Authorized to Swear Voter. —
Should the inspector of elections have any doubt about the right of
the person offering for registration to vote, he may, when he has filed
said certificate, read the same to such person and require him to be
sworn to the facts therein stated, in which event the said inspector
shall endorse the word "Sworn" in the lower left hand corner of such
certificate, and any person who is guilty of furnishing a false state-
ment to the inspector of elections in obtaining the above mentioned
certificate, shall be deemed guilty of a misdemeanor, and upon con-
viction shall be fined not less than twenty-five dollars, nor more than
five hundred dollars, and confined in the county jail not less than two
nor more than six months. Any person who makes a false oath to such
certificate, when read to him by said inspector, shall be deemed guilty
of false swearing and upon conviction shall be confine^ in the peri-

—56—

tentiary for not less than one nor more than two years. (L. 1907-08,
Ch. 31, Art. 8, Sec. 8, Took effect May 29th, 1908. C. L. 1909, Sec.
3240.)

Sectio 99. Record of Certificates.— It shall be the duty of the in-
spector of elections to fill out all certificates in their proper blanks
with an indelible pencil; he shall then tear the original receipt from
the blank stub and shall retain the carbon sheet as well as the dupli-
cate underneath such carbon, and such carbon and duplicate shall be
so arranged as to provide a perfect copy in proper blanks, of said or-
iginal certificate. (L. 1907-08, Ch. 31, Art. 8, Sec. 9. Took effect May
29th, 1908. C. L. 1909, Sec. 3241.)

Section 100. Spoiled Certificate. — Should a certificate be spoiled
in issuing it, the original as well as the carbon copy shall be retained
and not detached from the stub, and a new original shall then be pre-
pared for such elector as a substitute for the spoiled certificate, and
said substitute certificate shall bear the same number as did the orig-
inal. (L. 1907-08, Ch. 31, Art. 8, Sec. 10. Took effect May 29th, 1908.
C. L. 1909, Sec. 3242.)

Section 101. Numbering Certificates. — Each certificate shall be
numbered consecutively through the book, and the duplicate shall bear
thesame number of the original. The stub of the original
certificate shall have no printing thereon, and shall not be used as a
record of such certificate. (L. 1907-08, Ch. 31, Art. 8, Sec. 11. Took
effect May 29th,fi 1908. C. L. 1908, Sec. 3243.)

Section 102. Books Subject to Public Inspection. — Any citizen
shall have the right or privilege to inspect any duplicate, or book of
duplicate certificates, at any time, but the same shall not be taken out
of the hands of hands of the proper custodian on any occasion. (L.
1907-08, Ch. 31, Art. 8, Sec. 12. Took effect May 29th, 1908. C. L.
1909, Sec. 3244.)

Section 103. Challenge of Right to Register. — Any citizen may
have the right to challenge any elector or any citizen's right to regis-
ter: Provided, such challenge shall go only to such person's qualifica-
tion as an elector under the provisions of the Constitution, and it shall
be the duty of the inspector of elections, when such challenge is in-
terposed, to make such investigation as he deems essential, and de-
cide the question of such person's qualifications as an elector, and
should he be of the opinion that such person is not a qualified elector,
he shall not issue to him a certificate of registration. (L. 1907-08, Ch.
31, Art. 8, Sec. 13. Took effect May 29th, 1908. C. L. 1909, Sec. 3245.)

Section 104. Registration Records at Polls.— It shall be the duty,
of the precinct inspector of elections to have at the polls on each elec-
tion day, whether in primary or general elections after the registra-
tion herein proivded for, the book ot duplicates of registration certi-
ficates for said precinct. (L. 1907-08, Ch. 31, Art. 8, Sec. 14. Took ef-
fect May 29th, 1908. C. L. 1909, Sec. 3246.);

Section 105. Certificate Gives Right to Vote.— When an elector in

—57—

cities of the first class presents himself for a ballot at an election
hereafter, he shall present first his certificate of registration as above
provided for, and such certicate of registration shall entitle such voter
to vote: Provided, it is found to be in regular form, as compared
with the carbon copy in the hands of the inspector of elections. (L.
1907-08, Ch. 31, Art. 8, Sec. 15. Took effect May 29th, 1908. C. L. 1909,
Sec. 3247.)

Section 1$6. Altered Certificates Refused. — No registration certi-
ficate shall be accepted as genuine which bears nay mark, figure,
words or letters, which are not on the carbon copy. (L. 1907-08, Ch.
31, Art. 8, Sec. 16. Took effect May 29th, 1908. C. L. 1909. ^ec. 3248.)

Section 107. Certificate to Be Endorsed After Voting. — One of the
election officers shall endorse upon the back of each certificate pre-
sented, the word "Voted" and upon the same line, in figures, indicate
the date of the eection, as in this style: "Voted 8-6-08," which would
indicate the holder of said certificate voted by virtue thereof at an
election held on the sixth of August, 1908. There shall be no signa-
ture attached to such endorsement, nor anything other than above
specified. (L. 1907-08, Ch. 31, Art. 8, Sec. 17. Took effect May 29th,
1908. C. L. 1909, Sec. 3249.)

Section 108. Certificate Valid — How Long.— Certificate of regis-
tration shall entitle electors who rightfully hold the same, to vote at
all elections held after the date of said registration, and before the
next biennial registration, whether such elections be primary or gen-
eral. (L. 1907-08, Ch. 31, Art. 8, Sec. 18. Took effect May 29th, 1908.
C. L. 1909, Sec. 3250.)

Section 109. Procedure in Case Certificate is Lost. — Any person
who loses a certificate of registration may be entitled to vote: Pro-
vided, he makes an affidavit to the fact that he has lost his said cer-
tificate, and is unable to produce the same, and provided fur-
ther, that said inspector of elections is satisfied that such person is
the elector mentioned in the duplicate in his hands, and should such
inspector not be personally acquainted with such elector, such elector
may prove his identity by some citizen who knows that he is entitled
to vote, and if such inspector becomes satisfied from such evidence
he may issue to such elector a duplicate of said certificate, and such
elector shall be permitted to vote thereon (L. 1907-08, Ch. 31, Art. 8,
Sec. 20. Took effect May 29th, 1808. C. L. 1909, Sec. 3252.)

Section 110. Certificate Returned to Elector After Voting. — All
certificates of registration shall be returned to the elrctor entitled to
the same when presented to the officer of elections for the purpose of
voting. (L. 1907-08, Ch. 31, Art. 8, Sec. 20. Took effective May 29th,
1908. C. L. 1909, Sec. 3252.)

Section 111. Removing to Another Precinct.— Should any elector,
without losing his right to vote, change his residence, by moving from
one precinct to another, he may secure a transfer of his certificate of
registration by appearing at the office of the inspector of elections

—58—

who Issued the said certificate during the last week preceding any
election in which he desires to vote, and, upon a sworn statement as
to his removal from said precinct, said inspector shall endorse upon
the back of such certificate a statement as follows: "Transferred to
" (He shall write in the blank the number of his pre-
cinct and the number of the ward, also his street number to which
the elector claims to have moved) and such endorsement shaH be
made by said inspector with the dat eof such signature. (L. 1907-08,
Ch. 31, Art. 8, Sec. 21. Took effect May 29th, 1908. C. L. 1909, Sec.
2353.)

Section 112. Record Books of Registered Voters. — The state elec-
tion board shall provide for each precinct, books of sufficient size and
properly ruled to indicate, in addition to the name of the registered
voter, with the number of the registration certificate, his age, his
street number, his postoffice address, his politics and his color. And
it shall be the duty of the county board to deliver to the inspector of
elections one of such books at the time the registration certificates
are delivered. When the registration is completed, it shall be the duty
of the inspector of elections to transcribe into the said book or cause
to be transcribed into the same, the name of all electors registered in
his precinct, and the same shall be arranged in alphabetical order
and the blanks after such names shall be filed by said inspector, to
conform to the age, the street number, the postoffice address, the pol-
itics, and the color as stated in the duplicate certificate of registration.
Such list of voters shall, in addition to saiidi duplicate certificates, be de-
livered at the opening of the election into the hands of the precinct
election board, and unless some member of the precinct election board
requires an inspection of the carbon duplicate of the certificate of a
voter, the fact that his name is recorded upon such book in its alpha-
betical order, and that it conforms to the original certificate presented
to the elector, shall be considered sufficient evidence of such elector's
right to vote. (L. 1907-08, Ch. 31, Art. 7, Sec. 22. Took effect May
29th, 1908. C. L. 1909, Sec. 3254.)

Section 113. Inspector to Be Sworn. — Before entering upon his
duties as registration officer, the inspector of elections must have sub.
scribed to the oath required of him under the provisions of the elec-
tion law. (L. 1907-08, Ch. 31, Art. 8, Sc. 23. Took effect May 29th,
1908. C. L. 1909, Sec. 3255.)

Section 114. Fraud of Voter — Penalty. Should any person not en-
titled to vote under the law seek to do so by the use of any certificate
of registration, or should any person procureor aid in procuring the
wrongful issuance of a certificate of registration, or should any person
have in his possession for the purpose of using, or having another to
use, such wrongfully issued certificate, or to which he is not entitled,
he, or any person or persons, shall be deemed guilty of a felony, and
upon conviction shall be confined in the penitentiary for not less than

one or more than three years. (L. 1907-08, Ch. 31, Art. 8, Sec. 24. Took
effect May 29th, 1908. C. L. 1909, Sec. 3256.)

Section 116. Fraud of Inspectors — Penalty. — Should the inspector
of elections, or any other person, add to the registration list of any
precinct, any fictitious names or record improperly any names there-
on, or destroy the record of registration, or any part of same, or pe-
mit such record to be out of the hands of the inspector shall be deemed
guilty of a felony, and upon conviction, shall be confined in the peni-
tentiary for not less than one nor more than three- years. (L. 1907-08,
Ch. 31, Art. 8, Sec. 25. Took effect May 29th, 1908. C. L. 1909, Sec.
3257.) (

Section 116. Negligence of Inspector — Penalty. — Any inspector in
cities of the first class who fails to correctly copy his precinct regis-
tration list and have such copy at the polls on election day, as herein
required, shall be deemed guilty of a misdemeanor, and upon convic-
tion shall be fined not less than five nor more than twenty-five dol-
lars. (L. 1907-08, Ch. 31, Art. 8, Sec. 26. Took effect May 29th, 1908.
C. L. 1909, Sec. 3258.)

Section 117. Special Registration for New Voters. — During the
last week of the month of October preceding the general election to
be held in November, as provided for by this Act, the inspector of elec-
tion shall open and keep open the registration books in their posses-
sion in the same manner as required of them during the month of
July, for the registration of the electors of their respective precincts
who from any cause shall have become legal voters in such precinct
since and subsequent to said August election, or who will be entitled
to vote at said general election in November, and the same rules and
regulations provided for the registration of voters preceding said Aug-
ust primary, shall prevail and be applied to such special registration.
(L. 1907-08, Ch. 31, Art. 8, Sec. 27. Took effect May 29th, 1908. C. L.
1909, .Sec. 3259.)

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