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Full text of "The Terrell election law. Embracing all amendments to date"

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327-308-5M. 



THE 

TERRELL ELECTION 

LAW. 



EMBRACING 

ALL AMENDMENTS 

TO DATE. 




W. R. DAVIE, 

Secretary of State. 



1908.; ::,'-.:;; 



AUSTIN, TEXAS: 
VON BOKCKMANN JONES CO., PRINTERS. 



THE TERRELL ELECTION LAW. 



ELECTIONS-MANNER OF HOLDING AND MAKIN.G 

RETURNS. 



SUFFRAGE. 

SUCTION 1. The following classes of persons shall not he allowed to vote in 
this State: First, persons under twenty-one years of age; second, idiots and 
lunatics; third, all paupers supported hy the county; fourth, all persons con- 
victed of any felony, except those restored to full citizenship and right of suf- 
frage, or pardoned; fifth, all soldiers, marines and seamen employed in the 
service of the army or navy of the United States. 

SEC. 2. Every male person subject to none of the foregoing disqualifications 
who shall have attained the age of twenty-one years, and who shall be a citizen 
of the United States, and Avho shall have resided in this State one year next 
preceding an election and the last six months within the district or county in 
which he offers to vote, shall be deemed a qualified elector; and every male 
person of foreign birth,, subject to none of the foregoing disqualifications, who 
has not less than six months before an election in which he offers to vote 
declared his intention to become a citizen of the United States, in accordance 
with the Federal naturalization laws, and shall have resided in this State one 
year next preceding such election and the last six months in the county in 
which he offers to vote shall also be deemed a qualified voter; and all electors 
shall vote in the voting precinct of their residence; provided, that the electors 
living in an unorganized county may vote at an election precinct in the 
county to which such county is attached for judicial purposes; and provided 
further, that any voter who is subject to pay his poll tax under the laws of 
the State of Texas or ordinances of any city or town in this State shall have 
paid said tax before he offers to vote at any election in this State, and hold a re- 
ceipt showing the payment of his poll tax before the first day of February next 
preceding such election; if he is exempt from paying a poll tax and resides in a 
city of ten thousand inhabitants or more he must procure a certificate showing 
his exemption, as required by this act. Or if such voter shall have lost or mis- 
placed said tax receipt he shall be entitled to vote upon making affidavit before 
any officer authorized to administer oaths that such tax was actually paid by 
him before said first day of February next preceding such election at which 
he offers to vote and that said receipt has been lost. Such affidavit shall be 
made in writing and left with the judge of the election. Provided, that in any 
election held only in a subdivision of a county for the purpose of determining 
any local question or proposition affecting only such subdivision of the county, 
then in addition to the foregoing qualifications the voter must have resided in 
said subdivision of the county for six months next preceding such election. 

SEC. 3. All qualified electors of this State, as described in the foregoing 
sections, who shall have resided for six months immediately preceding an elec- 
tion within the limits of any city or incorporated town, shall have a right to 
vote for mayor and all other elective officers, but in all elections to determine 
the expenditure of money or assumption of debt, or issuance of bonds, only 
those shall be qualified to vote who pay taxes on property in such city or in- 
corporated town ; provided, that no poll tax for the payment of debts thus 
incurred shall be levied upon the person debarred from voting in relation thereto. 

SEC. 4. The residence of a single man is where he usually sleeps at night; 
that of a married man is where his wife resides, or if he be permanently sep- 
uated from his wife, his residence is where he sleeps at night; provided, that 
the residence of one who is an inmate or officer of a public asylum or eleemosv- 

257179 



4 

nary institute, or who is employed as a clerk in one of the departments of 
government at the capital of this State, or who is a student of a college or 
university, unless such officer, clerk, inmate or student has become a bona fide 
resident citizen in the county where he is employed, or if such student, shall 
be construed to be where his home was before he became such inmate or officer 
in such eleemosynary institute or asylum, or was employed as such clerk or 
became such student: and if on payment of his poll tax he would be a qualified 
voter he shall be permitted to return during the month of January in each 
year to his home to pay his poll tax or obtain his certificate of exemption, and 
shall be permitted to return again to his home to vote at any general or pri- 
mary election. The inmates of the Confederate Home situate within the limits 
of the city of Austin shall after obtaining their certificates of exemption l>r 
entitled to vote for State, district, municipal and county officers. 

SEC. 5. In all elections by the people the vote shall be by official ballot, 
which shall be numbered and elections so guarded and conducted as to detect 
fraud and preserve the purity of the ballot. Xo registration in cities with 
a population of ten thousand or more shall be hereafter required as a quali- 
fication to vote, but all the provisions of this act which prescribes qualifi- 
cations for voting and which regulate the holding of elections shall apply to 
elections in cities. 

SEC. 6. Every male person who is more than sixty years old or who is 
blind or deaf and dumb, or is permanently disabled, or has lost one hand or 
foot, shall be entitled to vote without being required to pay a poll tax, if he 
has obtained his certificate of exemption from the county collector when the 
same is required by the provisions of this act. 

ELECTION PRECINCTS. 

SEC. 7. The county commissioners' court of each county shall at a term of 
their court to be held in August, 1905, if it is necessary to comply with the 
succeeding provisions of this act, and may, if they deem it proper at each 
August term of the court that is held thereafter^ divide their respective countie- 
and counties attached thereto for judicial purposes, into convenient election 
precincts, each of which shall be differently numbered and described by natural 
or artificial boundaries or survey lines by an order to be entered upon the 
minutes of the court. They shall immediately thereafter publish such order 
in some newspaper in the county for three consecutive weeks; if there be no 
newspaper in the county, then such sopy of such order shall be posted in some 
public place in each precinct in the county. Xo election precinct shall be 
formed out of two or more justice precincts nor out of the parts of two or 
more justice precincts. 

SEC. 8. The county commissioners' court in establishing new election pre- 
cincts shall divide any city or town into as many election precincts as they 
see proper, none of which shall have resident therein more than three hundreu 
and fifty voters, as ascertained by the vote of the last preceding general city 
or town election. Every ward in every incorporated city, town or village shall 
constitute an election precinct, unless there shall have been cast in the said 
ward at the last general city or town election held therein more than three 
hundred and fifty votes. Towns and villages incorporated in accordance with 
Chapter 2, Title' XVIII. of the Revised Civil Statutes of 1895, and cities and 
towns incorporated under Chapter 1. Title XVI 11, Revised Statutes of 1895. 
shall not necessarily constitute election precincts and no precinct shall be made 
out of parts of two" wards. Provided, that this section shall not apply to cities, 
towns and villages of less than ten thousand inhabitants, and in such cities, 
towns and villages the justice precincts in which said cities, towns and villages 
are situated may be divided into election precincts without regard to the wards 
of such cities, t<-wns and villages and without reference to the number of votes 
to be cast. 

SEC. 9. In towns or cities incorporated under the general laws for city or 
town elections, the city council may provide that there shall be one or more 
polling places, and in such ease the certified list of poll tax paying voters for 
all election precincts in which voters reside who are to vote at any such polling 
place shall be used therefor. 

SEC. 10. The rountv coinmi*>ionor<* court shall cause to be made out im; 



5 

delivered to tin- county collector of taxes before ilic iir-,1 day of September. 
A. D. l!Wf>, and annually thereafter, a certified copy of the Last order fixing 
the limits and designating the number or name of each precinct for the year 
following. 

SEC. 11. Precinct judges for all general elections shall be served with 
copies of the order of the county commissioners' court, properly certified to by 
the clerk of the said court, designating the number, name and bounds" of the 
election precinct and of their appointment as judges. Such service shall be 
made by the sheriff or a constable within ten days after the entry of such 
order and return shall he made thereof on a copy showing when, where and 
ho\v he executed the same. 

POLL TAX i:K( KIPTS AM) CKKTI FU ' ATKS OF EXEMPTION. 

SEC. 12. The poll tax required by the Constitution and laws in force shall 
be collected from every male person between the ages of twenty-one and sixty, 
who resided in this State on the first day of January preceding its levy; Indians 
not taxed; persons insane, blind, deaf or dumb and those who have lost a 
hand or foot or permanently disabled excepted; which tax shall be collected 
and accounted for by the tax collector each year and appropriated as required 
by law. It shall be paid at any time between the first day of October and 
the first day of February following, and the person when he pays it shall be 
entitled to his poll tax receipt, even if his other taxes are unpaid. 

SEC. 13. The poll tax due from citizens of unorganized counties shall be 
paid in the county to which the unorganized county is attached for judicial 
purposes. 

SEC. 14. The commissioners' court of each county shall, before the first day 
of October every year, furnish to the county tax collector a blank book for 
each voting precinct, which shall be marked with the name and number of tha- 
precinct for which it is intended. Each book shall contain a sufficient number 
of blank poll tax receipts for each voting precinct not in a city of ten thousand 
inhabitants or more and not exceeding three hundred and fifty blank poll tax 
receipts and certificates of exemptions for each precinct in a city of ten thousand 
inhabitants or more, of which not more than sixty shall be certificates of 
exemptions, and a greater or less number of each in the same proportion when 
sufficient for the voters of the precinct. Each receipt and certificate shall in 
each such book be bound immediately over a duplicate copy thereof, which 
duplicate copy when filled out shall correspond with the receipt or certificate 
in its number, the name, length of residence in the State or county, the voting 
precinct, race, occupation and postoffice address of the citizen to whom the tax 
receipt or certificate of exemption is given. If the voting is in a city, the receipt 
or certificate and duplicate must show the ward, street and number, if num- 
bered, of the citizen's residence (in lieu of postoffice address), and the length 
of time he lias resided in such city. The receipts and certificates shall be num- 
bered in consecutive order. Similar blank books of poll tax receipts shall be 
furnished to each unorganized county attached to such county for judicial 
purposes, except that the voting precinct need not appear therein. When the 
tax receipt or certificate is delivered to the citizen it shall be detached from 
the book and retained by him for his future use and identification in voting. 

SEC. 15. Before the first day of April every year the county collector of 
taxes shall deliver to the board that is charged with the duty of furnishing 
election supplies separate certified lists of the citizens in each precinct who 
have paid their poll tax or received their certificates of exemption, the imme- 
heing arranged m alphabetical order and to each name its appropriate number, 
as shown by the duplicates retained in his office, with a description of the voter 
as to his residence, his voting precinct, length of his residence in the State and 
county, his race, occupation and postoffice address if not in a city of more than 
ten thousand inhabitants. If the county has any unorganized county or coun- 
ties attached to it for judicial purposes, the collector of taxes shall also deliver 
to said board before the first day of April of each year, as many certified lists 
of the electors resident in such unorganized county or counties who have pai ! 
their poll tax or received the certificate of exemption as there are election pre- 
cincts in his county, which lists shall be identical with those of poll tax payer*- 
in his own county, except that the voting precinct shall not be stated. The- 
tax collector of any county containing a town or city of more than ten thousand 



inhabitants shall also furnish to said board, not less than four days prior to 
any primary or general election, supplemental lists in the form herein pre- 
scribed, of all poll tax paying voters who have since paying their poll tax 
removed to each voting precinct in each such city or town in the county from 
another county or in another precinct in the same county. Said board shall 
furnish each presiding judge of a precinct the certified list and supplemental 
list of- the voters of his precinct at the time when he furnishes other election 
supplies. Such certified lists of qualified voters shall be in the following form: 

VOTERS IX ELECTION PRECINCTS. 

No 

Name 

Precinct 

Age 

Length of residence in State 

Length of residence in county 

Occupation 

Race 

Length of residence in city and ward 

Street and No. of residence 

Pustoffice address . 



SEC. 16. Each poll tax receipt and its duplicate shall show the name of the 
party for whom it was issued, the payment of the tax, age. his race, the length 
of time he has resided in the State, the length of time he has resided in the 
county, the voting precinct in which he lives, except when he lives in an un- 
organized county, his occupation, his postoffice address, or if he lives in an 
incorporated city, ward, street and number of his residence,, if numbered, and 
the length of time he has resided in such city or town. If the owner does not 
reside in a city of ten thousand inhabitants or more his poll tax must either 
be paid by him in person or by some one duly authorized by him in writing to 
pay the same and to furnish the collector the information necessary to fill out 
the blanks in the poll tax receipt. Such authority and information must be 
signed by the party who owes the poll tax and must be deposited with the tax 
collector and filed and preserved by him. But in no event shall any candidate 
for office pay the poll tax for another. In all cases where the taxpayer resides 
in a city of ten thousand inhabitants or more the tax must be paid in person 
by the taxpayer entitled to the receipt, except as provided by this act, and 
when in cases permitted by this act the tax is paid by an agent the tax receipt 
shall not be delivered to such agent, but shall be sent by mail to the taxpayer 
or kept and delivered to him in person by the tax collector; provided, that no 
person shall for or on behalf of any candidate for office or person interested in 
any question to fee voted on, pay the poll tax for another, provided, any person 
w r ho has bought the property of another, which property is legally bound for 
the payment of any poll tax may pay the poll tax of such former owner, but 
the collector in such case shall 'not issue a poll tax receipt authorizing any 
person to vote, but shall give the party paying the same an ordinary memoran- 
dum receipt therefor, but such memorandum receipts shall not state either thf> 
race, occupation or residence of the taxpayer. 

SEC. 17. In all counties containing a city of ten thousand inhabitants or 
more, other than the county seat of such county, it shall be the duty of such 
collector to have a duly authorized and sworn deputy to represent him for tin; 
purpose of accepting poll taxes and giving receipts therefor, who shall keep 
his office for such purpose at some convenient place in such* city during th 
entire month of January of each year and he shall publish four weeks notice of 
the authority of such deputy and the location of the office. 

SEC. 18. The poll tax receipt shall be in the following form and numbered 
consecutively in each book provided for in this act : 

Poll Tax Receipt. 

No 

State of Texas, County of 

Received of on the day o r 

A. D. 190 , the sum of dollars, 

in payment of poll tax for the year A. D. 190. . . . 



The said taxpayer being duly sworn by me, says that he is 

years old; that he resides in voting precinct No in 

county; that his race is ; that he has resided in Texas 

years, and in county years ; that 

ho is by occupation ; that his postoffice address is 

(If in an incorporated city or town, a blank must be provided for the ward, 
street and number of residence in lieu of his postoffice address, and length of 
time he has resided in such city or town.) 

All of which I certify. 

( Seal ) ( Signed ) 

Tax Collector County, Texas. 

SEC. 19. Every person who is exempted by law from the payment of a poll 
tax and who is in other respects a qualified voter, who resides in a city of ten 
thousand inhabitants or more, shall after the first day of October, and before 
the first day of February following, before he offers to vote, obtain from the 
tax collector of the county of his residence a certificate showing his exemption 
from the payment of a poll tax. Such exempt person shall on oath state his 
name, county of his residence, occupation, race, age, the length of time he has 
resided in Texas, the length of time he has resided in the county and the length 
of time he has resided in the city, and the ward and voting precinct in which 
his residence is located, the street and number of his 'residence, if numbered 
He shall also state the grounds on which he claims exemption from the pay- 
ment of a poll tax. Such certificate shall be detached from said book leaving 
thereunder a duplicate carbon or other copy thereof, which shall contain the 
same description, and the original shall be delivered, bearing its proper number, 
to the citizen in person to identify him in voting. Certificates of exemption 
for each precinct shall be numbered consecutively, beginning at one. They 
ahall be in the following form: 

Certificate of Exemption from Poll Tax. 

No 

State of Texas. County of 

I, tax collector for said county, Texas, do hereby certify 

that personally appeared before me on the. . 

day of A. D , and being sworn, said his 

name is ; that his race is ; that he is 

years old; that his occupation is. ; that he has resided in 

Texas for years ; in the county of for 

years, and in the city of for years ; that he 

now resides in precinct No 3 in ward No ; and on 

street, and in house No (if numbered) : 

that he is exempt from the payment of the poll tax by reason of 

and that he is a qualified voter under the Constitution and laws of Texas. 

(Seal) (Signed) 

Tax Collector County, Texas. 

SEC. 20. Whenever the county collector shall have reason to believe that a 
citizen who has paid his poll tax or received a certificate of exemption has 
sworn falsely to obtain the same, he shall report the facts upon which such 
belief is founded to the next grand jury organized in the county. 

SEC. 21. If a citizen in a city of ten thousand inhabitants after receiving 
his poll tax receipt or certificate of exemption removes to another ward in the 
same city before the next election he may vote at any general election in the 
ward of his new residence by presenting his poll tax receipt or certificate of 
exemption to the precinct election judges or by making affidavit that it has 
been lost or misplaced, which affidavit shall be left with the judges and be 
forwarded with the election returns. But in all such cases if the removal was 
to the ward of his new residence in the same city before the certified list of 
voters was delivered to the precinct judges he shall appear before the collector 
of taxes not less than five days before such election or primary election, and 
obtain a corrected receipt or certificate arid his name shall be added to the list 
of voters for the precinct of his new residence, and he shall not vote in that 
event unless his name appears on the certified list of voters. 

SEC. 22. If a citizen after receiving his poll tax receipt or certificate of 



Exemption removes to another county or to another precinct in the same county 
he may vote at an election iu the precinct of his new residence in such other 
county or precinct by presenting his poll tax receipt or his certificate of 
exemption or his written affidavit of its loss to the precinct judges of election, 
and where he paid such poll tax or received such certificate of exemption, and 
by making oath that he is the identical person described in such poll tax receipt 
or certificate of exemption and that he then resides in the precinct whero hi; 
offers to vote and has resided for the last six months in the district or county 
in which 'he offers to vote and twelve months in the State. But no sueL person 
shall be permitted to vote in a city of ten thousand inhabitants or more unless 
he has first presented to the tax collector of his residence his tax receipt or 
certificate not less than four days prior to such election or primary election 
or made affidavit of its loss and where he paid such poll tax or received such 
certificate of exemption, who shall thereupon add his name to the list of qualified 
voters of the precinct of his new residence, and unless he has done this and his 
name appears in the certified list of voters of the precinct of his residence he 
shall not vote. 

SEC. 23. Every male person who will be twenty-one years old on or before 
the day of an election and was not subject to a poll tax preceding the election 
at Avhich he desires to vote, and who by reason of minority has not theretofore 
been subject to a poll tax but has or w 7 ill become twenty-one years old on or 
before the date of any election, and who possesses all the other qualifications 
of a voter, shall be entitled to vote at such election, if he has obtained a certifi- 
cate of exemption from the county collector before the first day of February, 
which shall specify the day when he will be twenty-one years old, and contain 
all the other requisites of a certificate of exemption. Before the certificate of 
exemption shall issue the applicant therefor shall make written affidavit of his 
age to be administered and certified to by the county collector, who shall file 
and preserve the same. 

SEC. 24. The county collector is authorized to administer oaths and certify 
thereto under the seal of his office in every case where an oath is required in 
complying with any portion of this act connected with his official duties. 

SEC' 25. If a person residing in a city of ten thousand inhabitants who is 
subject to pay a poll tax intends to leave the precinct of his residence before 
the first day of October, with the intention not to return until after 
the first day of the following February and does not return before that time 
he shall be entitled to vote, if possessing all other legal qualifications, by pay- 
ing his poll tax or obtaining his certificate of exemption through an agent 
authorized by him in writing, which shall state truly his intention to depart 
from the precinct, the expected period of his absence and every fact necessary 
to enable the tax collector to fill the blanks in his receipt. Such authority 
in fact must be sworn to by the citizen and certified to by some officer author- 
ized to administer oaths. It shall be deposited with the tax collector and kept 
in his office who shall also retain the possession of the tax receipt or certificate 
until he delivers it in person to the citizen, and in no event shall the agent 
receive it. 

SEC. 26. If the county collector does not personally know one who applies 
to pay his poll tax or secure his certificate of exemption from its payment, as 
being a resident in the precinct which such person claims as that of his resi- 
dence, it shall be the duty of such collector to require proof of such residence. 
and if he has reason to believe such person has falsely stated his age, occu- 
pation, precinct of his residence, or the length of his residence in the State. 
county and city, he shall require proof of such statement, and if on inquiry 
he is satisfied that said person has sworn falsely, he shall make a memorandum 
of the word used in such statement and present the same to the foreman of 
the next grand jury. 

SEC. 27. No one shall knowingly give money to a citizen to pay his poll 
tax, nor shall any one keep the poll tax receipt of another person in his pos- 
session or under his control, except in cases specially authorized by law. 

SEC. 28. On or before the tenth day of March of each year the collector 01 
taxes shall make statement to the county clerk showing how many poll tax 
receipts he has issued; said statement shall show how many poll tax receipts 
have been issued and to whom issued in each voting precinct in the county, 
and such statement shall become a record of the count v commissioners court. 



SKI . .). The county collector shall keep securely in u ^ufe place the dupli- 
cates for each precinct from which poll tax receipts and certificates of exemp- 
tion have been detached and they must remain there except when taken out 
for examination, which must always be done in his presence, but they shall be 

burned by the county jistlge at the expiration of three years. 

WIMTS OF ELECTION". 

>i .< . 30. Notice shall be given to the people of all elections for State and 
district officers., electors for President and Vice-President of the United States, 
members of Congress, members of the Legislature and all officers who are elec- 
tive every two years. Such notices shall be by proclamation by the Governor 
ordering the election, not less than thirty days before the election, issued and 
mailed to the several county judges. 

SKC. 31. The county judge, or if his office is vacant, or if he fails to act, 
then two of the county commissioners shall order an election for county and 
precinct officers and all other elections which under the law the county judge 
may be authorized to order. The county judge or county commissioners, a? 
the case may be, shall issue writs of election ordered by him or them, in whiclt 
shall be stated the office or offices to be filled by the election or the question 
to be voted on, or both, as the case maybe, and the day of election. A failure 
from any cause on the part of the Governor or the county judge or com- 
missioners court, or of both, to order or give notice of any general election 
shall not invalidate the same if otherwise legal and regular. 

SKC. 32. The Secretary of 'State shall at least thirty days before the general 
election prescribe to the county judge of each county forms of all blanks neces- 
sary under this act. 

NOTICE OF AN ELECTION. 

SEC. 33. The county judge, or if he fails to act, then two county commis- 
sioners, shall cause notice of a general election or any special election to be 
published by posting notice of election at each precinct thirty days before the 
election, which notice shall state the time of holding the election, the office 
to be filled, or the question to be voted on, as the case may be; provided that 
in local option, stock law and road tax elections the notices of elections or any 
other special election specially provided for by the laws of this State shall be 
given in compliance with the' requirements of laws heretofore or hereafter en- 
acted governing said elections respectively, and provided also that if a vacancy 
occurs in the State Senate or House of Representatives during the session of 
the Legislature or within ten days before it convenes, then twenty days notice 
of a special election to fill such vacancy shall be sufficient. Posting of notice 
of an election shall be made by the sheriff or a constable, who shall make 
return on a copy of the writ how and when he executed the same. 

SEC. 34. In all city, town and village elections the mayor, or if he fails to, 
then the board of aldermen or the officials in whom authority is vested by 
law, shall order elections pertaining alone to municipal affairs, give notice 
and appoint election officers to hold the election unless a different method be 
prescribed by the charter of such city, town or village; but in all cases super- 
visors may be selected as in general elections and the judges and clerks shall 
each be selected from different parties when practicable. 

SEC. 35. In all cases of vacancy in a civil office in the State, caused by 
death or resignation or otherwise, the vacancy of* which is to be filled by elec- 
tion, the officer or officers authorized by this act to order elections shall imme- 
diately make such order, fixing the day, not exceeding thirty days after the 
first public notice of such order to fill the unexpired term. 

ELECTION RETURNS. 

0. 36. Returns of elections shall be made under existing law contained in 
Articles 1743 to 1749, inclusive, and Articles 1753 to 1766, inclusive, of the 
Revised Statutes of Texas of 1895, and also Articles 1813 to 1815, inclusive, 
of said Revised Civil Statutes of Texas, as amended by Chapter 26 of the Gen- 
eral Laws of the Twenty-fifth Legislature, except as herein otherwise provided. 



10 

KLKCTION SUPPLIES. 

SEC. 37. Voting booths shall be furnished and used at elections at each 
voting precinct in towns or cities of ten thousand inhabitants or more. 

SEC. 38. There shall be one voting booth or place for every seventy citizen-; 
who at the last general election paid their poll tax or obtained certificates of 
exemption from its payment, and who reside in the voting precinct; provided, 
the judges of the election may provide as many more booths and places a^ 
they shall deem necessary. Each polling place, whether provided with voting 
booths or not, shall be provided with a guard rail, so constructed and placed 
that only such persons as are inside of such guard rail can approach the ballot 
boxes or compartments, places or booths at which the voters are to prepare 
their votes, and that no person outside of the guard rail can approach nearer 
than six feet of the place where the voter prepares his ballot. The arrange- 
ment shall be such that neither the ballot boxes nor voting booths nor tin 1 
voters while preparing their ballots shall be hidden from view of those outside 
the guard rail, or from the judges, and yet the same shall be far enough 
removed and so arranged that the voter may conveniently prepare his ballot 
for voting in secrecy. There shall be provided in each voting place voting 
booths where voting booths are required, with three sides closed and the front 
side open. Each booth shall be twenty-two inches wide on the inside, thirty-two 
inches deep and six feet four inches high, and shall contain a shelf for con- 
venience of the voter in preparing his ballot, and the booths shall be constructed 
with hinges that it can be folded up for storage when not in use. The county 
judge, county clerk and sheriff shall constitute a board,, a majority of whom 
may act, to provide the supplies necessary to hold and conduct the election, 
all of which shall be delivered to the presiding judges of the election by the 
sheriff or any constable of the county when not called for and obtained in 
person by the precinct judges. 

SEC. 39. For all supplies furnished by the county, said board shall file with 
the county commissioners court a written report of their action, giving detailed 
statement of the expenses incurred in procuring such supplies. 

SEC. 40. Every guard rail shall be provided with a place for entrance and 
exit. The arrangement of the polling place shall be such that the booths or 
places prepared for voting can only be reached by passing within the guard 
rail, and the booths, ballot boxes, election officers and every part of the polling 
place, except the inside of the booths, shall be in plain view of the election 
officers and persons outside the guard rail, among whom may be one challenger 
for each political party and no more. 

SEC. 41. The voting booth shall be so arranged that there shall be no access 
to them through any doors, window or opening except through the front of 
the booth, and the same care shall be observed in precincts where there are 
no booths in protecting the foter from intrusion while he is preparing his ballot. 

SEC. 42. When voting booths are not required, a -guard rail shall be so 
placed that no one not authorized can approach nearer than six feet of the 
voter, while he is preparing his ballot, and a shelf for writing shall be pre- 
pared for him, with black lead pencil, and so screened that no other person 
can see how he prepares his ballot. All booths and voting places shall be 
properly lighted. 

SEC. 43. For each election precinct there shall be provided four ballot boxes 
to be marked as follows: "Ballot box No. 1 for election precinct No. . 
(giving name and number of precinct) ; "Ballot box No. 2 for election precinct 

No ;" "Ballot box No. 3 for election precinct No :" 

"Ballot box No. 4 for election precinct No " 

SEC. 44. The official ballots to be counted before delivery and sealed up and 
together with the instruction cards, with poll lists, tally sheets, distance mark- 
ers, returning blanks and stationery, shall be delivered to the precinct judges, 
and the number of each indorsed on the package, and entered of record by the 
county clerk in the minutes of the commissioners court. In like manner shall 
be sent the list of qualified voters for the precinct, certified to by the collector, 
if the presiding judge has not already received it. 

SEC. 45. If from any cause ballot boxes, voting booths, guard rails or other 
election supplies have not been received by the presiding judge, he shall pro- 
cure them, and they shall be paid for as other election supplies, and if the 



11 

certified list of qualified voters is not in his possession at least three days 
before the election, he shall send for and procure them; provided, that in all 
elections in incorporated cities, towns and villages, the mayor, the city clerk, 
the board of commissioners or aldermen, shall do and perform each and every 
act in other elections required to be done and performed respectively by the 
county judge, the county clerk or the county commissioners court, and the 
expense of all city elections shall be paid by the city in which same are held. 

THE OFFICIAL BALLOT. 

SEC. 46. No ballot shall be used in voting at any general, primary or special 
election held to elect public officers, select candidates for office or determine 
questions submitted to a vote of the people, except the official ballot, unless 
otherwise authorized by law. At the top of the official ballot shall be printed 
in large letters the words "Official Ballot." It shall contain the printed names 
of all candidates whose nominations for an elective office have been duly made 
and properly certified. The names shall appear on the ballot under the title 
of the party that nominates them, except as otherwise provided by this act. 

SEC. 47. If from any cause the official ballots furnished for an election pre 
cinct have been exhausted or not delivered to the precinct judges, the voter* 
may provide their own ballot after the style of the official ballot described in 
thin act. 

SEG. 48. For each voting precinct there shall be furnished one and a half 
times as many official ballots as there are qualified voters in the precinct, an 
shown by the list required to be furnished by the tax collector to precinct 
judges. 

SEC. 49. The name of no candidate shall appear more than once upon tlu> 
official ballot, except ns a- candidate for two or more offices permitted by the 
Constitution to be held by the same person. The name of the candidate nomi- 
nated by any political party shall appear on the ballot and under head of the 
party making such nomination. 

SEC. 50. A nominee may decline and annul his nomination by delivering to 
the officer with whom the certificate of his nomination is filed ten days before 
the election, if it be for a city office, and twenty days in other cases, a declara- 
tion in writing, signed by him before some officer authorized to take acknowledg- 
ments. Upon such declination (or in case of death of a nominee) the executive 
committee of a party or a majority of them for the State, district or county, 
as the office to be nominated may require, may nominate a candidate to supply 
the vacancy by filing with the Secretary of State in the case of State or dis- 
trict officers, or with the county judge in the case of county or precinct officers, 
a certificate duly signed and acknowledged by them, setting forth the cause of 
the vacancy, the name of the new nominee, the office for which he was nomi- 
nated, and when and how he was nominated. Thereupon the Secretary of State 
or county judge as the case may be, shall promptly notify the official board 
created by this act to furnish election supplies that such vacancy has occurred 
and the name of the new nominee shall then be printed upon the official ballot, 
if the ballots are not already printed. If such declination or death of the 
nominee occurs after the ballots are printed or due notice of the name of the 
new nominee is received after such printing, the official board charged with 
the duty of furnishing election supplies shall prepare as many pasters bearing 
the name of the new nominee as there are official ballots, which shall be pasted 
over the name of the former nominee on the official ballot before the presiding 
judge of the precinct indorses his name on the ballot for identification. If a 
nominee dies or declines the nomination before the election and no one is nomi- 
nated to take his place, the votes cast for him shall be counted and return 
made thereof, and if he shall have received a plurality of the votes cast for 
the office, the vacancy shall be filled as in case of a vacancy occurring after the 
election. No paster shall be used except as herein authorized, and if otherwise 
used the names pasted shall not be counted. 

SEC. 51. At the election of school district officers or school officers for u 
city, town or village, at which no other officer is to be elected, or election of 
officers of fire departments, any ballot may be used prescribed by local authori- 
ties. 

SEC. 52. The name of no candidate of any political party that cast one 
hundred thousand votes or more at the last preceding general election shall be 



12 

printed on any official ballot for a general election unless nominated by pri- 
mary election, on primary election day, except as herein otherwise provided. 

SEC. 53. All ballots shall be printed with black ink on clear white paper 
of sufficient thickness to prevent the marks thereon to be seen through the 
paper, and of uniform style. The tickets of each political party shall be placed 
or printed on one ballot, arranged side by side in columns separated by parallel 
rule. The space which shall contain the title of the office and the name of 
the candidate (or candidates, if more than one is to be voted for for the same 
office) shall be of uniform style and type in said tickets. At the head of each 
ticket shall be printed the name of the party. When a party has not nomi- 
nated a full ticket the titles of those nominated shall be in position opposite 
to the same office in a full ticket and title of the offices shall be printed in the 
corresponding position in spaces where no nominations have been made. In 
the blank columns and independent columns, the titles of the offices shall bt 
prited in all blank spaces to correspond with a full ticket. When presidential 
electors are to be voted on their names shall appear at the heads of their 
respective tickets. When a constitutional amendment or other propositions are 
to be voted on the same shall appear once on each ballot in uniform style and 
type. When a voter desires to vote a ticket straight he shall run a pencil or 
pen through all other tickets on the official ballot, making a distinct marked 
line through such ticket not intended to be voted, and when he shall desire to 
vote a mixed ticket shall do so by running a line through the names of such 
candidates as he shall desire to vote against in the ticket he is voting, and by 
writing the name of the candidate for whom he desires to vote in the blank 
column and in the space provided for such office, same to be written with black 
ink or pencil, unless the name of the candidates for whom he desires to vote 
appear on the ballot, in which event he shall leave the same not scratched. 

SEC. 54. When a constitutional amendment or other question submitted by 
the Legislature is to be voted on the form in which it is submitted shall be 
described by the Governor in his proclamation in such terms as to give the voter 
a clear idea of the scope and character of the amendment, and printed once at 
the bottom of each ballot as described by this act the words "for" and "against" 
under it; provided the Legislature has failed to prescribe a form. If a propo- 
sition or question is to be voted on by th> people of any city, county or other 
subdivision of the State, the form in which such proposition shall be voted on 
shall be prescribed by the local or municipal authority submitting it. 

OPENING THE POLLS. 

SEC. 55. The judges and clerks of election for each precinct (and super- 
visors, if any have been selected) shall meet at the polling place at least half 
an hour before the time for opening. the polls, and shall proceed to arrange the 
guard rail, the space within the guard rail, the voting booths (if any) and 
the furniture for the orderly and legal conduct of the election. The judges of 
election shall then examine the ballot boxes required for the reception of the 
ballots and the blank official ballots, and shall deposit such ballots as are found 
to be defective in printing in ballot box No. 4 for mutilated or returned ballots. 
They shall also examine the sample ballots, instruction cards, distance markerr-. 
tally sheets, return sheets, certified list of voters rubber or wooden stamps, and 
all "things required for the election; but the package containing the official 
ballots shall not be opened until the morning of the election and at the polling 
place. One instruction card shall be posted" near each distance marker, where 
it can be read by citizens before voting. The package of official ballots shall 
remain in the custody of the judges and the polling clerks. The judges shall 
cause to be placed at the distance of one hundred feet from the entrance of the 
room at which the election is held, visible distance markers in each direction 
of approaches to the polls on each of which shall be printed in large letters 
the words, "distance markers." "No electioneering or loitering between this 
point and the entrance to the polls." The judges shall examine the ballot 
boxes and then relock them, after all present can see they are empty. The 
instruction card and distance markers shall be posted up and shall not be de- 
faced or removed during the progress of the election. The ballot clerks with 
official ballots, the presiding officer of the election, the poll clerk, the election 
supplies and the certified lists of qualified voters for the precinct, and the super- 



13 

visors, if there are any, shall be as conveniently near each other as practicable 
within the polling place. 

SEC. 56. Before opening the polls the presiding judge of election shall, in 
an audible voice, take the following oath or affirmation, which' shall be uttered 
slowly and distinctly and each of the other judges and clerks shall repeat the 
same after him: "I solemnly swear (or affirm) that I will not in any manner 
request or seek to persuade or induce any voter to vote for or against any 
particular candidate or candidates, or for or against any proposition to be 
voted on ; that I will not keep or make any memoranda or entry of anything 
occurring within the booths or polling places, as the case may be, nor disclose 
how any one whom I am permitted to assist in voting has voted, except I be 
called on to testify in a judicial proceeding; and that I will faithfully perform 
this day my duty as officer of the election, and guard as far as I am able the 
purity of the ballot box, so help me God." Before the election begins one 
instruction card shall be posted up in each voting booth where it can be read, 
and when there are no voting booths one shall be posted up in plain view at 
the place prepared for ll>e voter io make out his ballot. 

OFFICERS OF ELECTION; THEIR POWERS AND DUTIES. 

SEC. 57. The county commissioners court shall at the February term appoint 
among the citizens of each voting precinct, in which there are less than one 
hundred voters who have paid their poll tax and received their certificates of 
exemption, two reputable men, who are qualified voters, as judges of the elec- 
tion. They shall be selected from different political parties, if practicable, and 
shall continue to act until their successors are appointed. When the bounds 
of the precinct are changed so that one or more judges reside outside of the 
precinct for which they were appointed, the court shall appoint others to supply 
his or her plaov. One of the judges, who shall in all cases belong to the party 
that at the last general election cast the largest vote for Governor throughout 
the State shall be designated as the presiding judge at elections; he shall 
appoint two competent and reputable clerks of different political parties, if 
practicable, who are qualified voters, to act as clerks of the election. The order 
appointing- all judges shall be entered of record. The presiding judge shall 
act in receiving and depositing the votes in the ballot boxes and the other judge 
shall act in counting the votes cast; one of the clerks shall keep the poll list 
and list of qualified voters, and upon the poll list he shall write at the time 
of voting the name and number of each voter; the other clerk shall act as 
canvassing clerk and shall keep the tally list of votes counted; said officers 
shall perform such other duties as the presiding judge may direct. 

SEC. 58. For every precinct in which there are one hundred male citizens 
or more who have paid their poll tax or received their certificates of exemption, 
the commissioners court shall appoint four judges of election, who shall be 
chosen when practicable from opposing political parties, one of whom shall be 
designated as presiding judge. The presiding and one associate judge shall act 
in receiving and depositing the votes in the ballot box, and the other two 
judges shall act in counting the vote cast. The presiding judge shall appoint 
four competent and reputable clerks, who have paid their poll tax, and of dif- 
ferent political parties when practicable; two of said clerks shall assist in keep- 
ing poll lists and the list of qualified voters; upon the poll lists they shall 
write the name and number of each voter, and at the time voted. Two clerks 
shall be canvassing clerks, who shall keep tally lists of votes counted and per- 
form such other duties as the presiding judge may direct. At the close of the 
canvassing and during its progress, the tally clerks shall compare their tally 
lists and certify officially to their correctness. Provided that in all elections 
held under the provisions of this act other than general elections, local option 
elections and primary elections, the officers to be appointed by the commissioners 
court to hold said elections shall be a presiding judge, and assistant judge and 
two clerks, \vhose compensation shall be two dollars per day, and two dollars 
to the presiding judge extra for making return of the election. 

SEC. 59. The chairman of the county executive committee for each political 
party that has candidates on the official ballot, or if he fails to act. any three 
members of such committee may, not less than five days before the genera! 
election, nominate one supervisor of election for each voting precinct, who has 



paid his poll tax, by presenting his name to the county judge, who shall indorse 
his approval on the certificate of his nomination, if lie is a reputable citizen, 
but not otherwise. And thereupon on his presenting such nomination and its 
approval to the presiding judge of the precinct he" shall be permitted to sit 
conveniently near the judges, .so that lie can observe the conduct of the election, 
including the counting of the votes, the locking and sealing of the ballot boxes, 
their custody and safe return. He shall not be permitted to enter into any 
conversation with the judges or clerks, regarding Hhe election while it is pro- 
gressing, except to call the attention of the judges or clerks to any irregularity 
or violation of the law that he may observe. Before he shall be permitted to 
act as supervisor he shall take an oath to be administered by the presiding 
judge that he will mention and note any errors he may see in testing or counting 
the votes and that he will well and truly discharge his duties as supervisor 
impartially and will report in writing ail violations of the law and irregu- 
larities that he may observe to the next grand jury. 

WHO PROHIBITED FROM BEING ELECTION JUDGES OR CLERKS OR MEMBERS OF 

EXECUTIVE COMMITTEE. 

SEC. 60. No one who holds an office of profit or trust under the United 
States or this State, or in city or town in this State, except a notary public, 
or who is a candidate for office or who has not paid his poll tax, shall act as 
judge, clerk, or supervisor of any election; nor shall any one act as chairman 
or as member of an executive committee either for the State or any district 
or county, who has not paid his poll tax, or who is a candidate for office, or 
holds any office of profit or trust under either the United States or this State, 
or in any city or town in this State, except a notary public. 

METHOD OF CONDUCTING ELECTIONS. 

SEC. 61. A general election shall be held on the first Tuesday after the first 
Monday in November, A. D. 1906, and every two years thereafter, at such place 
as may be prescribed by law, after notice given *as prescribed by law. 

SEC. 62. Special elections shall be held at such times and places as may be 
fixed by law providing therefor. 

SEC. 63. In all cases, except treason, felony or breach of peace, voters shall 
be privileged from arrest during their attendance at elections, and in going to 
and returning therefrom. 

SEC. 64. In all elections, general, special or primary, the polls shall be open 
from eight o'clock in the morning until seven o'clock in the evening, and the 
election shall be held for one day only. 

SEC. 65. No election judge, clerk or other person connected with the holding 
of an election, shall on election day indicate by words, sign symbol or writing 
to any citizen, how he shall or should not vote; provided, nothing herein shall 
interfere with the operation of Section 83 of this act. 

SEC. 66. No citizen shall be permitted to vote unless he first presents to the 
judge of election his poll tax receipt or certificate of exemption issued to him 
before the first day of February of the year in which he offers to vote, except 
as otherwise permitted in this act, unless the same has been lost or mislaid, 
or left at home, in which event he shall make an affidavit of that fact., which 
shall be left with the judges and sent by them with the returns of the election; 
provided, that if since he obtained his receipt or certificate he removes from 
the precinct or county of his residence, he may vote on complying with other 
provisions of this act. 

SEC. 67. Judges of elections are authorized to administer oaths to ascertain 
all facts necessary to a fair and impartial election. The presiding judge of 
election, while in the discharge of his duties as such, shall have the power of 
the district judge to enforce order and keep the peace. He may appoint special 
peace officers to act as such during the election and may issue warrants of 
arrest for felony, misdemeanor or breach of peace committed at such election, 
directed to the sheriff or any constable of the county, or such special peace 
officer, who shall forthwith execute any such warrants, and if so ordered by 
the presiding judge confine the party arrested in jail during the election or 
until the day after the election, when his case may be examined into before 



15 

some magistrate, to whom the presiding judge shall report it; but the party 
arrested shall first be permitted to vote, if entitled to do so; provided, that if 
said party is drunk from the use of intoxicating liquor he shall not be permitted 
to vote until he is sober. 

SEC. 68. Before the balloting begins, the presiding judge shall unlock ballot 
box No. 1, and after all the officers of the election and supervisors have in- 
spected the same to see that it is empty, relock it and place it within 
view, where it shall remain until removed to make room for ballot box No. 2. 
A like examination shall be made of ballot box No. 2. All the boxes shall be 
securely made of metal or wood, provided with a top, hinges, lock and key, 
and an opening shall be made at the top of each just large enough to receive 
a ballot when polled. 

SEC. 69. In ballot box No. 4 shall be deposited, in addition to ballots defec- 
tively printed, all defaced and mutilated ballots, and when the polls are closed 
all the ballots that have not been voted. The box shall be locked and so re- 
turned sealed to the county clerk, with a statement which shall be placed 
therein signed by the presiding judge of the number of ballots received by him, 
the number of mutilated or defaced ballots that the box contained and also 
the number of ballots not given to voters, as well as those defectively printed, 
so that after adding such numbers all ballots delivered to the election officers 
may be accounted for. Such ballot box shall when the returns of votes cast 
are canvassed by the commissioners court be opened, the ballots counted and a 
record made of what they have found to be its contents. 

SEC. 70. Any judge may require a citizen to answer under oath before he 
secures an official ballot whether he has been furnished with any paper or 
ballot on which is marked the names of any one for whom he has agreed or 
promised to vote or for whom he has been requested to vote, or has such paper 
or marked ballot in his possession, and lie shall not be furnished with an 
official ballot until he has delivered to the judge such marked ballot or paper, 
if he has one. And any person who gives, receives or secures or is interested 
in giving or receiving an official ballot or any paper whatever, on which is 
marked, printed or written the name or names of any person or persons for 
whom he has agreed or proposed to vote, or for whom he has been requested to 
vote, or has sueh paper marked, written or printed in his possession as a guide 
or indication by which he could make out his ticket, shall be deemed guilty 
of a misdemeanor and upon conviction shall be punished by a fine not less 
than one hundred dollars nor more than five hundred dollars and confinement 
in the county jail for thirty days. 

SEC. 71. One of the election judges shall receive from the voter his poll tax 
receipt or certificate of exemption when he presents himself to vote; the voter 
shall announce his name and the judge, after comparing the appearance of the. 
party with the description given in the certified list of qualified voters of the 
precinct made out by the county collector and being satisfied that it accords 
therewith, shall pronounce in an audible voice the name of the voter and his 
number, as given in the list of qualified voters. If the voter has lost, mislaid 
or left at home his receipt or certificate and shall present his written affidavit 
of that fact, and if his appearance tallies with that given for the same number 
and name on the list of qualified voters or if the voter presents his written 
affidavit of removal from some other precinct or county in cases where the same 
is permitted by this Act, together with his receipt or certificate or affidavit of 
the loss thereof, and the judges of election shall be satisfied that he paid his 
poll tax or received his certificate of exemption before the first day of the pre- 
ceding February, the judge shall in like manner pronounce in an audible voice 
the name and number of the elector on the certified list of qualified voters with 
the word "correct." 

SEC. 72. When the judges are satisfied as to the right of the citizen to vote 
and one has pronounced in an audible voice his name and number as shown 
on the list of qualified voters of the precinct and the word "correct," the judge 
shall stamp in legible characters with a stamp of wood or rubber the poll tax 

receipt or certificate of exemption with the words: "Voted day of 

, A. D. 19. . . .," or write the same words in ink and then return 

said receipt or certificate to the voter, and shall at the same time deliver to 
him one official ballot on the blank side of which the presiding judge shall have* 
previously written his signature. The voter shall then immediately repair 1o 



16 

one of the voting booths or places prepared for voting by the election officers 
and there prepare his ballot, in the manner provided by section 53 of this Act. 

SEC. 73. When a person offering to vote shall be objected to by an election 
judge or a supervisor or challenger, the presiding judge shall examine him upon 
an oath touching the points of such objection, and if such person fails to estab- 
lish his right to vote to the satisfaction of the majority of the judges, he shall 
not vote. - If his vote be received, the word "sworn" shall be written upon the 
poll list opposite the name of the voter. 

SEC. 74. When a citizen shall have prepared his ballot, he shall fold the 
same so as to conceal the printing thereon and so as to expose the signature 
of the presiding judge on the blank side, which shall always be indorsed by 
the judge before the ballot is delivered, and shall after leaving the booth hand 
to the numbering judge his ballot, who shall number the same. If the judges 
are satisfied that the ballot returned is the one delivered to the voter the num- 
bering judge shall number the ballot, writing on the blank side the number 
opposite the voter's name on the voting list, and shall stamp or write the same 
with the word "voted," and deposit the ballot in the ballot box. The letter 
"v" shall at the same time be marked by one of the clerks on the certified list 
or supplemental list of qualified voters opposite the voter's name thereon, and 
the voter shall thereupon immediately leave the polling place. 

SEC. 75. No voter shall be entitled to receive a new ballot in lieu of one 
mutilated and defaced until he first returns such ballot and it is deposited in 
box No. 4; nor shall any one be supplied with more than three ballots in suc- 
cession, when they are mutilated or defaced. A register shall be kept by the 
clerks as the voting progresses of the mutilated or defaced ballots, which shall 
be deposited in box No. 4, in which shall also be deposited and returned all 
official ballots not used. 

SEC. 76. From the time of opening the polls until the announcement of the 
results of the canvass of votes cast and the signing of the official returns, the 
boxes and official ballots shall be kept at the polling place in the presence of 
one or more of tlu judges and supervisors if there are any. No person shall 
be admitted within the room where the election is being held except the judges, 
clerks, persons admitted by the presiding judge to preserve order, supervisors 
of election, and persons admitted for the purpose of voting; provided, that 
the officers of the election shall permit an interpreter to assist any voter who 
can not both speak and read the English language. No judge or clerk shall 
make any statement nor give information in any manner of the number of 
votes nor any other fact regarding their opinion of the state of the polls after 
the closing thereof except as herein permitted. 

SEC. 77. No officer of election shall unfold or examine the face of a ballot 
when received from an elector, nor the indorsement on the ballot, except the 
signature of the judge, or the words stamped thereon, nor compare it with the 
clerk's list of voters, when the ballots are counted, nor shall he permit the 
same to be done, nor shall he examine nor permit to be examined the ballots 
after they are deposited in a ballot box, except as herein provided for in can- 
vassing the votes, or in cases specially provided by law. 

SEC. 78. The counting judges and clerks shall familiarize themselves with 
the signature of the judge who writes his name on each ballot that is voted, and 
shall count no ballots that do not bear his signature or are unnumbered, or 
if on examination by the judges, such signature is found to be a forgery. 

SEC. 79. If the officers of election need refreshments during the voting and 
before the canvass of votes, they shall be taken at the polling places, and in 
view of the ballot boxes, provided that the refreshments shall contain no alco- 
holic, vinous, malt or intoxicating liquors. 

SEC. 80. At the expiration of one hour after voting has begun the receiving 
judges shall deliver ballot box No. 1 to the counting judges, who shall at once 
deliver in its place ballot box No. 2. which shall again be opened and examined 
in the presence of all the judges and securely closed and locked; and until the 
ballots in ballot box No. 1 have been counted, the receiving judge shall receive 
and deposit ballots in ballot box No. 2. Ballot box No. 1 shall on its receipt 
by the counting judges, be immediately opened and the tickets taken out by 
one of them, one by one, when he shall read and distinctly announce, while the 
ticket remains in his hand, the name of each candidate voted for thereon, which 
shall be noted on the tallv sheets, and shall then deliver the ballot to the other 



counting judge, who shall place the same in box No. S. which shall remain 
locked and in view until the counting is finished, when said box shall be returned 
with the other boxes, locked and sealed, to the county clerk. Ballot boxes 
Nos. 1 and 2 shall be used by the receiving judge and the counting judge alter- 
nately, as above provided, as often as the counting judge has counted and ex- 
hausted the ballots in either box; the election supervisors may be present when 
the ballots are being examined and the votes called off and noted on the tally 
sheets. 

SEC. 81. At each change of the boxes one of the judges shall announce at 
the outer door of the voting place the number of votes already cast. 

SKC. 82. Not more than one person at the same time shall be permitted to 
occupy any one compartment, voting booth or place prepared for a voter, except 
when a voter is unable to prepare" his ballot from inability to read or write, 
or physical disability, two judges or an interpreter, if he can not both read and 
speak the English language, shall assist him, they having been first sworn that 
they will not suggest by word or sign or gesture how the voter shall vote; 
that they shall confine their assistance to answering his questions, to naming 
candidates, and the political parties to which they belong, and that they will 
prepare his ballot as the voter himself shall direct. The judges who assist the 
voter in preparing his ballot shall be of different political parties, if there be 
such judges present, and an election supervisor or supervisors may be present, 
but must remain silent, except in case of irregularity or violation of the law. 
SEC. 83. If a presiding judge fails to attend on election day, or fails to act, 
or none shall have been appointed, the voters present may appoint their own 
presiding officer who has paid his poll tax, and such voters may also appoint 
the necessary assistant judges of election. When a presiding officer who ha- 
been appointed by a commissioners -court fails to act in conducting an election, 
and one is selected by the voters present, the judges and clerks of such election 
shall, in making their returns of election, certify to that fact, and state that 
the acting judges were appointed by the voters present. When an assist- 
ant judge or clerk has not been appointed or having been theretofore ap- 
pointed and fails to act at the opening of the polls or during the election. 
the presiding judge shall appoint in his place another with the same qualifi- 
cations, and return a certificate of such appointment with each election return. 
SEC. 84. The election judges shall prevent loitering and electioneering while 
the polls are open within one hundred feet of the door through which voters 
enter to vote, and within one hundred feet of the place where the voter is 
required to prepare his ballot, and for this purpose they shall appoint a special 
constable to enforce this authority. 

SEC. 85. No carriage or other vehicle shall be used by any person to convey 
voters to the voting places unless the voter is physically unable to go to or 
to enter the polling place without assistance, in which event two of the judges 
of different political parties, if there are such, may deliver an official ballot 
to him at the entrance to the polling place and permit him to make out his 
ballot and deliver it there. 

SEC. 86. No person shall open or keep open any barroom, drinking saloon 
or wholesale beer or liquor house, where vinous, malt, spirituous and intoxi- 
cating liquors are sold during any portion of the day on which an election, 
either general, special or primary, is held for any purpose in the voting pre- 
cinct where such an election is held ; nor shall any one in such voting precinct 
sell, barter or give away any vinous, spirituous or intoxicating liquor during 
the day of such election, nor shall any one carry or cause to be carried to the 
polling place on the day of election any intoxicating liquor for the purpose of 
sale, gift or to be drunk; and if any one shall find any intoxicating liquor on 
election day he shall refrain from taking possession of it and shall not inform 
another of its whereabouts. 

SEC. 87. Intoxicating liquor may be sold on election day by a druggist only 
to fill prescriptions by a physician, but who at the time must certify in writing, 
on his honor, that it is needed by his sick patient. 

SEC. 88. Immediately upon closing the polls, and at intervals of two hours 
thereafter, the presiding judge or an associate judge shall make a correct but 
unofficial memorandum of the total number of votes counted for each candidate 
at that time, such memorandum being in the order in which the names of the 
candidates appear upon the ballot: and thereupon he shall publicly announce 



IS 

from such memorandum the status of the count at the door of the building 
where the counting is in progress. This memorandum shall thereafter be 
accessible to the public, and especially newspaper reporters, who may call for 
information, and the presiding judge or an associate judge may furnish reporters 
information concerning the status of the count at other times after the polls 
have closed. The announcement of the status of the count shall continue as 
aforesaid until the count has been completed, when a correct but unofficial 
announcement of the total number of votes received by each candidate shall 
be announced in the manner above provided. This section shall also apply 
so as to require the same reports from judges of primary elections. 

EXPENSES BY MANAGERS OF POLITICAL HEADQUARTERS AND BY OTHERS. 

SEC. 89. Every person who manages any political headquarters for any 
political party or for any candidate before any election, and every clerk or 
agent of such manager for such headquarters or candidate, and every other 
person whomsoever who expends money, gives any property or thing of value, 
or promises to use influence,, or give a future reward to promote or defeat the 
election of any candidate or to promote or defeat the success of any political 
party at any election, shall within ten days after such election file with the 
county judge of the county in which the political headquarters was located, 
and with the county judge of the county where such manager, clerk, or other 
person, as the case may be, reside, an itemized statement of all moneys or 
things of value thus given or promised, for what purpose, by whom supplied, 
in what amount and how expended, and what reward was given or promised, 
by whom and to whom, and what influence was promised, by whom promised 
and to whom said promise was given. He shall also state whether he had been 
informed or has reason to believe that the person thus aiding or attempting 
to defeat a party or candidate was an officer, stockholder, agent or employe 
of, or was acting for or in the interest of any corporation, giving his name, 
and if so of what corporation ; and he shall if he has no positive knowledge 
state the source of his information or the reasons for his belief as the case 
may be; all of which shall be sworn to and subscribed before the county judge, 
who shall file and preserve the same, which shall at all times be subject to 
inspection of the public. 

EXPENSES OF CANDIDATES. 

SEC. 90. Within ten days after a primary and also after a final election all 
candidates for office at such election shall file a written itemized statement 
under oath with the county judge of the county of their residence of all the 
expenses incurred during the canvass for the office, and for the nomination, 
including amounts paid to newspapers, hotel and traveling expenses, and s-uch 
statement shall be sworn to and filed, whether the candidate was elected or 
defeated, which shall at all times be subject to inspection of the public. 

RETURN OF ELECTION SUPPLIES. 

SEC. 91. One of the precinct judges shall deliver the returns of election 
with certified lists of qualified voters, with all stationery, rubber stamps and 
blank forms and other election supplies not used, to the county judge imme- 
diately after the votes have been counte'd. He shall provide for the safe 
storage of the voting booths in some place in the precinct and notify the county 
judge. 

CONTESTING ELECTIONS. 

SEC. 92. All election contests, except for nominations in primary elections 
shall be tried as required by the Act of April 6, A. D. 1895, unless otherwise 
provided for 'by law. 

SEC. 93. The provisions of this Act shall apply to all elections held in this 
State, except as otherwise herein provided. 

NON-PARTISAN AND INDEPENDENT CANDIDATES. 

SEC. 94. The name of a non-partisan or independent candidate may be 
printed on the official ballot in the column for independent candidates, after a 



19 

written application signed by qualified voters to the Secretary of State and 
delivered to him within thirty days after primary election day as follows: 

If for a State office to be voted for throughout the Stale, one per cent of the 
entire vote of the State cast at the last preceding general election; if for a 
congressional, supreme, judicial, senatorial, representative, flotorial or judicial 
district office, three per cent of the entire vote cast in any such district at 
the last preceding general election; provided that the number of signatures 
need not exceed five hundred for any congressional, senatorial or judicial office, 
nor for any other office that is not filled by all the voters of the State. 

SEC. 95. No application to the Secretary of State shall contain the name 
of more than one candidate, and no citizen shall sign such application unless 
he has paid his poll tax or received his certificate of exemption; provided, that 
if the office is one to which two or more persons are to be elected, his applica- 
tion may be for as many candidates as there are persons to be elected to that 
office; and provided, also, that no person who has voted at a primary election 
shall sign an application in favor of any one for an office for which a nomina- 
tion was made at such primary election. 

SKC. 96. To every citizen who signs such application shall be administered 
the following oath, which shall be reduced to writing and attached to such 
application, viz.: "I know the contents of the foregoing application; I have 
participated in no primary election which has nominated a candidate for the 
office for which I desire (here insert the name) to be a candidate; I am a 
qualified voter at the next general election under the Constitution and lawa 
in force, and have signed the above application of my own free will." One 
certificate of the officer before whom the oath is taken may be so made as to 
apply to all to whom it was administered. 

SEC. 97. The Secretary of State shall on the receipt of the application which 
conforms to the above requirements issue his instruction to the county clerks 
of this State, or of the district as the case may require, directing that the 
name of the citizen in whose favor the application is made shall be printed 
on the official ballot in the independent column under the title of the office for 
which he is a candidate; provided, that the citizen in whose favor the appli- 
cation is made shall first file his written consent with the Secretary of State 
to become a candidate within thirty days after primary election day. 

SEC. 98. Independent candidates" for office at a county, city or town election 
may have their names printed upon the official ballot on application to the 
county judge, if for a county office, or to the mayor if for a city or town office; 
such application being in the game form and subject to the same requirements 
herein prescribed for applications to be made to the Secretary of State in case 
of State or district independent nomination; provided, that a petition of five 
per cent of the entire vote cast in such county, city or town at the last general 
election shall be required for such nomination. 

SEC. 99. Each political party whose nominee for Governor in the last preced- 
ing general election received as many as ten thousand (10,000) and less than one 
hundred thousand (100,000) votes, may nominate candidates for State, district 
and county officers under the provisions of this law by primary election and 
they may nominate candidates for State offices at a State convention, which 
shall be held the second Tuesday in August and which shall be composed of 
delegates elected in the various counties and county conventions held on the 
first Saturday after primary election day which shall be composed of delegates 
from the general election precinct, in such counties elected therein at primary 
conventions held in such precincts on the fourth Saturday in July. 

The State committee of all such parties shall meet at some place in the State 
to be designated by the chairman thereof on the second Tuesday in May and 
shall decide and by resolution declare whether they will nominate State, dis- 
trict and county officers by convention or by primary elections, and shall 
certify their decision to the Secretary of State. 

Nominations for district offices made by such parties shall be made by conven- 
tions held on the same day as herein prescribed for district conventions of other 
parties composed of delegates elected thereto at county conventions held on the 
same day herein prescribed for such county conventions of other parties, all of 
Avhich county conventions shall nominate candidates for county offices of srch 
party of such county. All nominations so made by a State or district convention 
shall be certified bv the chairman of the State or district committees of such 



20 

parties to the Secretary of State, and nominations made by county conventions 
'by the chairman of the county committee. No person shall be allowed to vote 
or participate in any such primary convention unless he shall have first pro- 
duced evidence that he has paid hi's poll tax or is exempt, and no person shall 
be allowed to participate in any such convention who has participated in the 
convention or primary of any other party held on the same day. 

SEC. 100. Any political party not having a State organization but desiring 
to nominate candidates for county and precinct offices only, may nominate such 
candidates therefor under the provisions of this act by primary elections or 
by a county convention held on the legal primary election day, as herein 
denned, which county convention shall be composed of delegates from various 
election precincts in said county, elected therein at primary conventions held 
in such precincts between the hours of 8 a. m. and 10 p. m. of the preceding 
Saturday. All nominations made by any such parties shall be certified to the 
county clerk by the chairman of the county committee of such party, and after 
taking the same course as nominations of other parties certified to the clerk, 
shall be printed on the official ballot in a separate column, headed by the name 
of the party; provided, a written application for such printing shall have been 
made to the county judge, signed and sworn to by three* per cent of the entire 
vote cast in such county at the last general election. 

SEC. 101. No new political party shall assume the name of any pre-existing 
party, and the party name printed on the official ballot shall not consist of 
more than three words. 

PRIMARY ELECTIONS. 

SEC. 102. The term "Primary Election," as used in this act, means an elec- 
tion held by the members of an organized political party for the purpose of 
nominating the candidates of such party to be voted for at a general or special 
election, or to nominate the county executive officers of a party. 

SEC. 103, No one shall vote in any primary election unless he has paid his 
poll tax or obtained his certificate of exemption from its payment, in cases 
where such certificate is required, before the first of February next preceding, 
which fact must be ascertained by the officers conducting the primary election 
by an inspection of the certified lists of qualified voters of the precinct and of 
the poll tax receipts or certificate of exemption; nor shall he vote in any pri- 
mary election except in the voting precinct of his residence; provided, that if 
this receipt or certificate be lost or misplaced, or inadvertently left at home, 
that fact must be sworn to by the party offering to vote; and provided further 
that the requirements as to presentation of the poll tax receipt, certificate of 
exemption or affidavit shall apply only to cities of ten thousand population or 
over as shown by the last United States census; provided, that the executive 
committee of any party for any county may prescribe additional qualifications 
for voters in such primaries,, not inconsistent with this act. 

SEC. 104. To guard against fraud, a certified list and supplemental list of 
the qualified voters of the voting precinct furnished by the collecttor of taxes 
shall be in the possession of the officers conducting the. primary election for 
reference and comparison, and opposite the name of every voter on said list 
shall be stamped when his vote is cast with a rubber or wooden stamp, or 
written with pen and ink the words, "primary voted," with the date of such 
primary under the same; and provided further, that the judges of primary 
elections are authorized to administer oaths in regard to any matter pertaining 
to the election. And provided further, that it shall he the duty of the tax 
collector of each county upon application by the county chairman of the various 
political parties, to furnish to the presiding judges of the election in the several 
precincts, certified copies of the list of qualified voters of the several precincts, 
which said copies shall be furnished at least four days prior to said primary 
election. 

SEC. 105. The fourth Saturday in July in the year 1906 and every two years 
thereafter shall be the- legal "primary election day" and primary elections to 
nominate candidates for a general election shall be held on no other day except 
when specially authorized. Any political party may hold a second primary 
election on the second Saturday in August to nominate candidates for a county 
or precinct office where a majority vote is required to make a nomination; but 
at such second primary only the two candidates who received the two highest 



votes at the first primary for the same office shall be voted for. Nominations 
of candidates to be voted for at any special election shall be made at a primary 
election at such time as the party executive committee shall determine, but no 
such committee shall ever have the power to make such nominations; provided, 
that all precincts in the same county and all counties in the same district 
shall vote on the same day. Nominations of party candidates for offices to be 
filled in a city or town shall be made not less than ten days prior to the city 
or town election at which they are to be chosen, in such manner as the party 
"\oo.utive committee for such city or town shall direct, and all laws prescribing 
the method of conducting county primary elections shall apply to them. 

SEC. 106. There shall be for each political party required by this law to 
hold primary elections for nomination of its candidates a county executive com- 
mittee to be composed of one member from each voting or justice precinct in 
such county, as the party executive committee may direct, the members of 
which county executive committee as well as the county chairman and a pre- 
cinct chairman for each voting or pustice precinct, as the case may be, shall 
be elected by the qualified voters of the county on primary election day; pro- 
vided that in case of a vacancy occurring in the office of chairman, county or 
precinct, or any member of such committee, such vacancy shall bo' filled by a 
majority vote of said executive committee. 

"^ i :<.". 107. The vote at all general primaries shall be by official ballot which 
shall have printed at the head the name of the party and under such head the 
name of all candidates those for each nomination being arranged in the order 
determined by the various committees as herein provided for beneath the title 
of the office for which the nomination is sought. The voter shall erase or mark 
out all the names he does not wish to vote for. 

The official ballot shall he printed in black ink upon white paper and beneath 
the name of each candidate thereof for State and district offices there shall be 
printed the county of his residence. The official ballot shall be printed by the 
county committee in each county, which shall furnish to the presiding officer 
of the general primary for each, voting precinct at least one and one-half times 
as many of such official ballots as there are poll taxes paid for such precinct 
as shown by the tax collector's list. Where two or more candidates are to be 
nominated for the same office, to be voted for by the qualified voters of the 
same district, count y. or justice precinct, such candidates shall be voted for 
and nominations made separately and all nominations shall be separately desig- 
nated on the official ballots by numbering the same "1" "2" "3" etc., printing 
the abbreviation "No." and the designating number after the title of the office 
for which such nominations are to be made. Each candidate for such nomina- 
tions shall designate in the- announcement of his candidacy and in his request 
to have his name placed on the official ballot the number of the nomination for 
which he desires to become a candidate and the names of all candidates so 
requesting shall have their names printed beneath title of the office and the 
number so designated. Each voter shall vote for only one candidate for each 
such nomination. 

SEC. 108. Any person affiliating with any party who desires his name to 
appear on the official ballot for a general primary as a candidate for the nomi- 
nation of such party for any State office shall file with the State chairman not 
later than the first Monday in June preceding such primary, his written request 
that his name be placed upon such official ballot as a candidate for the nomi- 
nation named therein, giving his age and occupation, the county of his resi- 
dence and his postoffice address, which shall bo signed by him and' acknowledged 
by him before some officer. Any twenty-five qualified voters may likewise join 
in the request that the name of any person affiliating with such party be placed 
upon the official ballot as a candidate for any State nomination, giving fhe, 
occupation, county of residence and postollico address of such person signing 
and acknowledging the same as above provided, and may file the same with 
the State chairman on or prior to the date above mentioned with the same 
effect as if such request had been filed by the party named therein as a candi- 
date for such nomination. All such requests shall be considered filed with the 
State chairman when they are sent from any point in this State by registered 
mail addressed to the State chairman at his postoffice address. 

SEX). 109. On the second Monday in June preceding each general primary 
(lie State committee shall meet at some place to be designated by its chairman, 



99 

of which designation it shall be the duty of such chairman to notify by mail 
all members of said committee and all persons whose names have been requested 
to be placed upon the official ballot not less than three days prior to such 
meeting. Such committee at this meeting shall by resolution direct their chair- 
man to certify to each county chairman in the State the names of such candi- 
dates and county of residence of each as shown by the requests filed with the 
State chairman. Copies of such certificates shall be immediately furnished to 
each newspaper in the State desiring to publish the same, and one copy shall be 
immediately mailed to the chairman of the executive committee of each county. 
At this meeting the State committee shall also decide upon and publish the 
place where the State convention of the party shall be held on the second Tues- 
day in August thereafter. 

SEC. 110. Any person desiring his name to appear on the official ballot as a 
candidate for the nomination for chief justice or associate justice of the Court 
of Civil Appeals, or for representative in Congress or for State senator or for 
representative or district judge or district attorney in representative or judicial 
districts composed of more than one county, shall file with the chairman of 
the executive committee of the party for the district, the request prescribed in 
this act, with reference to the candidate for State nominations, or if there be no 
chairman of such district executive committee, then with the chairman 
of each county composing such district not later than the first Monday 
in June preceding the general primary. Such requests may likewise be filed 
not later than said date by any twenty-five qualified voters resident within such 
district, signed and acknowledged by such voters in the manner prescribed 
respecting such request signed by a candidate named therein. Immediately 
thereafter it shall be the duty of each such district chairman to certify the 
name of all persons for whom such requests have been filed to the county chair- 
man of each county composing such district and each county committee shall 
determine by lot the order in which the names of all candidates for each such 
district office shall be printed upon the official ballot. 

SEC. 111. Any person desiring his name to appear on the official ballot for 
the general primary as a candidate for the nomination for any office to be filled 
by the qualified voters of a county or a portion thereof, or for county chair- 
man, shall file with the county chairman of the county of his residence, not 
later than the Saturday before the third Monday in June preceding such pri- 
mary, a written request for his name to be printed on such official ballot as a 
candidate for the nomination or position named therein, giving his occupation 
and postoffice address, giving the street and number of his residence if within 
a city or town, such request to be signed and acknowledged by him before some 
officer authorized to take acknowledgment to deeds. Such request similarly 
signed and acknowledged by any twenty-five qualified voters resident in the 
county may be filed on or before said date, requesting that the name of any 
person named therein may be placed on the official ballot as a candidate for 
any county or precinct office or chairmanship, with like effect as if such request 
was filed by the person named as a candidate therein; which request shall be 
endorsed by the candidate named therein, showing his consent to such candidacy 
if nominated. On the third Monday in June preceding such general primary 
the county committee of each county shall meet at the county seat and deter- 
mine by lot the order in which the names of all candidates for each nomination 
or position requested be printed on the official ballot shall be printed thereon, 
and decide whether the nomination of county officers shall be by majority or 
plurality vote, and if by majority vote, the committee shall call as many such 
elections as may be necessary to make such nomination, and in case the com- 
mittee fails to so decide, then the nomination of all such officers shall be by 
plurality vote cast at such election. At such meeting the county committee 
shall also carefully estimate the cost of printing the official ballots, renting 
polling places where same may be found necessary, providing and distributing 
all necessary poll books., blank statipnery and voting booths required, compensa- 
tion of election officers and clerks and messengers to report the result in each 
precinct to the county chairman, as provided for herein, and all other necess;iry 
expenses of holding such primaries in such counties, and shall apportion such 
cost among the various candidates for nomination for county and precinct 
offices only as herein defined, and offices to be filled by the voters of such county, 
or precinct only (candidates for State offices excepted), in such manner as in 



23 

their judgment is just and equitable, giving due consideration to the impor- 
tance and emoluments of each such office for which a nomination is to be made, 
and shall by resolution direct the chairman to immediately mail to each person 
whose name has been requested to be placed on the official ballot a statement 
of the amount of such expenses so apportioned to him, with the request that 
he pay the same to the county chairman on or before the fourth Monday in 
June thereafter. At this meeting the county chairman shall present to the 
committee the certificates of the chairman of the State and the various district 
executive committees, showing the names of all persons whose names are to 
appear on the official ballot as candidates for State and district officers, and 
shall appoint, subject to the approval of the committee, a subcommittee of five 
members to be known as the primary committee, of which he shall be ex officio 
chairman, which subcommittee shall meet on the second Monday in July and 
make up the official ballot for such general primary in such county, in accord- 
ance with the certificates of the State and district chairman, and the request 
iiled with the county chairman, and placing the name of candidates for nomi- 
nation for State, district, county and precinct offices thereon in the order deter- 
mined by the county executive committee as herein provided; provided, that the 
name of no person shall be placed thereon for a county or pjecinct office who 
has not paid to the county executive committee the amount of the estimated 
expenses of holding such primary apportionel to him by the county executive 
committee as hereinbefore provided. No candidate for a State or district office, 
unless such district is composed of one county only, shall be required to pay 
any portion of such cost, unless the executive committee of the county shall 
so direct, but in no event shall more than one dollar apiece be assessed against 
any such candidate for a State or district office unless such district is composed 
of one county only. If there are no requests filed for candidates for county 
or precinct chairman, a blank space shall be left on the ticket beneath the 
designation of such position. 

SEC. 112. All county executive committees of organized political parties shall 
meet the first Saturday after each primary election to canvass the result of 
such election. 

SEC. 113. It shall be the duty of the various county committees of any politi- 
cal party on the day and date set apart by this act for arranging for primary 
elections to determine the order in which the name of the various candidates 
for State or district or county and precinct offices shall appear on the ticket 
and said order shall be determined by lot so no preference shall be given to 
any candidate, 

SEC. 114. On the fourth Saturday in August succeeding each general primary 
there shall be held in each district within the State in which any candidate 
or candidates for any district office are to be elected at the succeeding regular 
election a district convention which shall be composed of delegates from the 
county or counties composing such district, selected in the manner herein pro- 
vided, notice of the time and place of holding such convention shall be given 
by the executive committee of such district at least ten days prior to such 
meeting. Before such convention assembles the executive committee of such 
district shall meet and elect one of its number chairman of such committee, 
shall prepare a list of delegates from the various counties composing such dis- 
trict which have been certified to the district committee by the chairman of 
the various county committees, shall tabulate the vote cast in the vari- 
ous counties for each candidate for district office, which has been cer- 
tified to such committee as provided in this act, and shall also prepare a state- 
ment, showing the number of convention votes which each county in such dis- 
trict is entitled to cast in said convention upon the basis set forth in Section 
120, of this act, and shall present such list of delegates, tabulated vote and 
convention vote to the convention when it assembles. The district conven- 
tion shall then canvass the returns of the votes cast in all of the counties 
of the district for each candidate as presented to them by the district com- 
mittee, and shall declare the person found to have received the largest number 
of votes at the primary in the district for such office the nominee of the party 
for such office, and the chairman and secretary of the convention shall forthwith 
certify such nomination to the Secretary of State. But in the event there is 
only one name on the ballot for a district office without an opponent the dis- 
trict chairman shall as soon as practicable after the primary election certify 



that the person on the ballot is the nominee of the party ami that there shall 
be no convention held for the purpose of declaring the result. 

SEC. 114a. Xo official ballot for primary election shall have on it any symbol 
or device or any printed matter except a primary test, to be uniform through- 
out the State, which shall read as follows : ''I am a 

(inserting name of the political party or organization of which the voter is a 
member) and pledge myself to support the nominees of this primary," and any 
ballot which shall not contain such test printed above the names of the candi- 
dates thereon shall be void and shall not be counted. Such ballot shall also 
contain the names and residences of the candidates. 

SEC. 115. On the first Saturday after primary election day for 1906, and 
each two years thereafter, there shall be held in each county a county con- 
vention of each party, to be composed of one delegate from each precinct in 
such county for each twenty-five votes or a major fraction thereof cast for the 
party's candidate for governor at the last preceding election, which delegates 
shall be elected by the voters of each precinct on primary election day in such 
manner as may be prescribed by the county executive committee at their meeting 
on the second Monday in June, which convention shall elect one delegate to 
the State and several district conventions for each three hundred votes or a 
major fraction thereof, cast for the party's candidate for Governor in such 
county at the last preceding general election, and the delegates to the said 
convention, so elected, or such of them as may attend the said convention, shall 
cast the vote of the county in such conventions. Immediately upon the ad- 
journment of each such county convention the president thereof shall make out, 
a certified list of the delegates to each of said conventions chosen by such 
'county convention and shall sign the same, the secretary of such convention 
attesting his signature, and shall foward such certified list by sealed registered 
letter to the chairman of the State and district executive committees, who shall 
present the same to the respective committees at its meeting prior to the con- 
vention, and from such certified list the respective committee shall prepare a 
temporary roll of those selected as delegates to such convention; provided that 
no proxies shall be allowed to or recognized in any convention held by authority 
of this Act where a delegate from the county is present in the convention. 

SEC. 116. All party State conventions to announce a platform of principles 
and announce nominations for Governor and State offices shall, except as other- 
wise provided, meet at such places as may be determined by the parties respec- 
tively on the second Tuesday in August, A. D. 1906, and every two years there 
after, and they shall remain in session from day to day until all nominations 
are announced and the work of the convention is finished; provided, that 
said convention shall, among other things, elect a chairman of the executive 
committee and 31 members thereof, one from each senatorial district of the 
State, the members of said committee to be recommended by the delegates rep- 
resenting the counties composing the senatorial districts respectively, each county 
voting its convention strength, each of whom shall hold said office until his MIC 
cessor is elected, and in case of a vacancy, a .majority of the members of said 
committee shall fill the same by electing some eligible person thereto. 

SEC. 117. On primary election day in 1906 and every two years thereafter, 
candidates for Governor and for all other State offices to be chosen by a vote 
of the entire State, and candidates for Congress and all district offices to be 
chosen by the vote of any district comprising more than one county, to be nomi- 
nated by each organized political party that cast one hundred thousand votes 
or more at the last general election shall together with all candidates for offices 
to be filled by the voters of a county or of a portion of a county, be nominated 
in primary elections by the qualified voter? of such party. The chairman of the 
executive committee in each county shall, as soon as the vote cast in the pri- 
mary election has been counted and canvassed as herein provided for, prepare 
a tabulated statement of the votes cast in his county for each candidate for 
each nomination for a State, district, county or precinct office, and of that cast 
for county chairman, as shown by the canvass made by the county executive 
committee, and shall immediately mail such statement as to a otate or district 
office in a sealed envelope by registered letter to the chairman of the State 
executive committee, and district executive committee, respectively, who shall 
present the same to the State and district committee at its meeting to be held 
as herein provided; provided that the county executive committee may deter- 



25 

mine whether the nomination of county officers shall be by a majority or 
plurality vote in such county, and if by a majority vote, then the committee 
may call as many such elections as may be necessary to make such nomination. 

SEC. 118. Every certificate of nomination made by the president of the 
State convention or by the chairman of any executive committee must state 
when, where, by whom and how the nomination was made; and no name shall 
appear on the official ballot except that of a candidate who was actually nomi- 
nated in accordance with the provisions of this act. No executive committee 
shall ever have any power of nomination except where a nominee has died or 
declined the nomination as provided in Section 50 of this act. 

SEC. 119. On the Monday preceding the second Tuesday in August 1906, and 
every two years thereafter, the State executive committee shall meet at the 
place selected for the meeting of the State convention, and shall open and 
canvass the returns of the primary election as to nominations for State officers, 
as certified by the various county chairmen to the State chairman for each 
county, and shall prepare a tabulated statement showing the number of votes 
received by each such candidate in each county, which statement shall be ap- 
proved by the State committee and certified by" its chairman. At this meeting 
the State committee shall also prepare a complete list of the delegates elected 
to the State convention from each county as certified to the State chairman by 
each county chairman. The State chairman shall present said tabulated state- 
ment and said list of delegates to the chairman of the State convention imme- 
diately after its temporary organization on the following day, for its approval 
or disapproval. 

SEC. 120. The State convention shall canvass the vote cast in the entire 
State for each candidate for each State office as shown by the statement thereof 
presented to it by the State committee, and shall declare the candidate for 
each State office who has received the largest number of votes in the primary 
election for such State office the nominee of the party for such office and the 
chairman and secretary of the State convention shall forthwith certify all such 
nominations to the Secretary of State. Each county in the State or district 
convention shall be entitled to one vote for each five hundred votes or major 
fraction thereof cast for the candidate for Governor of the political party 
holding the convention at the last preceding primary election. In case at such 
primary election there were cast for such candidate for Governor less than five 
hundred votes in any county, then all such counties shall have one vote; pro- 
vided any political party in this State in convention assembled shall never 
place in the platform or resolutions of the party they represent any demand 
for specific legislation on any subject, unless the demand for such specific legis- 
lation shall have been submitted to a direct vote of the people, and shall have 
been endorsed by a majority vote of all the votes cast in the primary election 
of such party. Provided further, that all laws and parts of laws in conflict 
herewith be and the same are hereby repealed; provided that the State executive 
committee shall on petition of ten per cent of the voters of any party, as shown 
by the last primary election vote, submit any such question or questions to the 
voters at the general primary next preceding the State convention. 

SEC. 121. On primary election day, when candidates for State, district, 
county and precinct offices are nominated the voters, of each organized political 
party shall vote for a chairman of the county executive committee and the 
result shall be reported to the county clerk, and the county chairman thus 
elected shall at once enter upon the discharge of the duties of such position ; 
the said county chairman shall be ex officio a member of 'the executive com- 
mittee of all districts of which his county is a part, and the district committee 
thus formed shall elect its own chairman; and all chairmen and members of 
the different executive committees in existence when this law becomes effective 
shall remain in office until their successors are elected, as provided herein. 

SEC. 122. The places of holding primary elections of political parties in the 
various precincts of the State shall not be within one hundred yards of the 
place at which such elections or conventions are held by a different political 
party. When the chairmen of the executive committees of different parties 
can not agree on the places where precinct primary elections to be held on 
the same day shall be held such places in each precinct shall be designated by 
the county judge, who shall cause public notice thereof to be given at once in 



26 

some newspaper in the county, or if there he none, by posting notices in some 
public place in the precinct. 

SEC. 123. All the precinct primary elections of a party shall be conducted 
by a presiding judge to be appointed by a chairman of the county executive 
committee of the party with the assistance and approval of at least a majority 
of the members of the county executive committee. Such presiding judge shall 
select an associate judge and two clerks to assist in conducting the election; 
two supervisors may be chosen by any one-fourth of the party candidates, who 
with the judges and clerks shall take' the oath required of such officers in gen- 
eral elections. Two additional clerks may be appointed, but only when in the 
opinion of the presiding judge there will be more than one hundred votes polled 
at the primary election in the precinct. No one shall serve as judge, clerk or 
supervisor at a primary election unless he has paid his poll tax. The executive 
committee shall have general supervision of the primary in such county and 
shall be charged with the full responsibility for the distribution of all supplies 
necessary for holding same in each precinct to the presiding judge thereof. If 
the duly appointed presiding officer shall fail to obtain from the executive com- 
mittee the supplies for holding such election such committee shall deliver the 
same to the precinct chairman for such precinct, and if unable to deliver the 
same to such presiding officer or precinct chairman not less than twenty-four 
hours prior to the time of opening the polls for such primary, such committee 
shall deliver the same to any qualified voter of the party residing in such pre- 
cinct, taking his receipt therefor and appointing him to hold such election in 
case such presiding officer or precinct chairman shall fail to appear at the time 
prescribed for opening the polls. 

SEC. 124. No official ballot, either for a primary or general election shall 
have on it any symbol or device or any printed matter except that which is 
authorized by law, and no ballot cast in violation of this section shall be 
counted for any candidate. Provided, that the executive committee of the party 
for any county shall print on the primary ticket the names of all persons 
whose names, not less than thirty days prior to the day of the primary shall 
be requested to be printed thereon as candidates for United States Senator, and 
the executive committee shall forward to each nominee of the party for State 
Senator or Representative voted for by the others of such county, a certified 
statement of the vote cast in the county for each such candidate. 

SEC. 125. The polls at primary election shall be open at eight o'clock in the 
morning and closed at seven o'clock in the evening of the same day and the 
election shall be held for one day only. 

SEC. 126. Any one-fourth of the candidates whose names appear on the 
'official ballot may on the day preceding the election or prior thereto agree, in 
writing signed by them, upon two supervisors who when selected shall be sworn 
as election officers and while the election is being held they shall remain in 
view of the ballot boxes until the count is concluded, and they shall report any 
fraud or irregularity occurring to the next grand jury. 

SEC. 127. The law prohibiting the sale of intoxicating liquor on election day 
applies to primary elections with all its prohibitions and the officers of pri- 
mary elections shall not, on primary election day, partake of spirituous, vinous, 
malt or intoxicating liquors after the polls are open. 

SEC. 128. The voting booths, ballot boxes and guard rails prepared for a 
. general election may be used by the organized political party nominating by 
primary election that cast over one hundred thousand votes at the last pre- 
ceding general election. 

SEC. 128a. Each and every incorporated town and city in the State of Texas, 
whether incorporated under general or special laws, may make nominations for 
office in the following manner: In each of said cities and towns there shall be 
an executive committee for each political party, consisting of a city chairman 
and one member for each ward in said city or town, and in case said city or 
town is not divided into wards, then there shall be selected four members of 
said committee in addition to the city chairman. In all cities and towns 
which now have a duly selected executive committee the same shall serve until 
the next city election, and in cities and towns having no executive committee 
the county chairman of the political party desiring to make nomina- 
tions in such cities and towns shall appoint an executive committee to serve 
until the next city election shall be held, and in each city and town in this 



27 

Stale in which a political party may desire to make nominations there shall 
be held, at least thirty days prior to" the regular election, an election at which 
there may be nominated by each political party, officer.-, to be selected at the 
next city election, and at which said election there shall be selected the execu- 
tive committee for said city or town herein provided for, and in all such city 
primary elections the provisions of the law relating to primary elections and 
general elections shall be observed. The executive committee herein provided 
for may decide whether or not nominations shall be made by such political party 
in such city or town, and in case it is decided that no nomination shall be made 
such executive committee shall call a meeting of the members of such political 
party at least thirty days prior to a regular election, at which a new executive 
committee shall be selected to serve during the ensuing term; provided, that 
this act shall not be construed to prevent independent candidates for city offices 
from having their names upon the official ballot, as provided for in Section 99 
of this p.ct. 

SEC. 129. The county tax collector shall deliver to the chairman of the 
county executive committee of each political party, for its use in primary 
elections, at least five days before election day, certified lists of the qualified 
voters of each precinct in the county, arranged alphabetically and by precincts, 
who have paid their poll tax or received certificates of exemption, and it shall 
be the duty of such chairman to place the same in the hands of the election 
officers of each election precinct before the polls are open, and no primary 
.election shall be legal unless such list is obtained and used for reference during 
the election. For each list of all the qualified voters of the county who have 
paid their poll taxes and received their certificates of exemption, the collector 
shall be permitted to charge not more than five dollars, the same to be paid 
by the party or its chairman so ordering said lists; provided, that the charge 
of five dollars shall be in full for the certified lists of all the voters of the 
county arranged by precincts, as above provided. 

SEC. 130. All ballots given to the election judges of the precinct by the 
executive chairman or some member of the executive committee shall be used 
and accounted for as in general elections. 

SEC. 131. All returns of precinct primary elections properly signed and cer- 
tified as correct by the judges and clerks thereof, showing the vote cast for 
eacli candidate, shall be sealed and immediately delivered after such primary 
election to the chairman of the county executive committee of the party. Such 
party chairman shall give notice to the members of the county executive com- 
mittee to assemble at the county seat of the county on the first Saturday after 
the first primary election, and said returns shall then be open under the direc- 
tion of such executive committee and canvassed by them. They shall then 
make a list of the candidates who have received the highest vote for office and 
the chairman of the executive committee shall certify to the same and deliver 
it to the county clerk of the county, who shall cause the names of the candi- 
dates who have received the necessary vote to nominate as directed by the 
county executive committee for each office to be printed in some newspaper 
published in the county, and if no newspaper be published in a county then he 
shall post a list of such names in at least, five public places in the county, one 
of which shall be upon the door of the court house in said county; provided, 
that all objections to the regularity or validity of the nomination of any person 
whose name appears in said list shall be made within five days after such 
printing or posting by a notice in writing filed with the county clerk, setting 
forth the grounds of objections. In case no such objection is filed within the 
time prescribed, the regularity or validity of the nomination of no person whose 
name is so printed or posted shall be thereafter contested. After said names 
have been so printed or posted for the period above required, the said clerk 
shall cause said names to be printed on the official ballot in the column for 
the ticket of that party; provided, that as to candidates for Governor or for 
an office to be filled by all the voters of the State or of any district composed 
of more than one county, the chairman of the county executive committee and 
its secretary shall certify the number of votes cast for each of such candidates 
and cause the same to be published in some newspaper of the county, if there 
be one, and deliver his certificate of the vote cast for each candidate for such 
office to the president of the next State convention of the party in the manner 
required elsewhere in this act, and certify the vote cast for each district office 



28 

to the chairman of the district committee; provided, that nothing in this sec- 
tion shall prevent the holding of the county convention at the time named in 
this section for the meeting of the executive committee for the purpose of count- 
ing and declaring the result, but the chairman of the executive committee shall 
certify the result as above required. 

SEC. 132. It shall be the duty of the county clerk of each county to post 
in a conspicuous place in his office for the inspection and information of the 
public the names of all candidates that have been lawfully certified to him 
to be printed on the official ballot for at least ten days before he orders the 
same to be printed on said ballot, and he shall order all the names of the can- 
didates so certified printed on the official ballot as herein otherwise provided, 
and in case the county clerk refuses or willfully neglects to comply with this 
requirement he shall be guilty of a misdemeanor, and shall be punished by a 
fine of not less than two hundred dollars nor more than five hundred dollar-. 
or to hard labor on the public roads of the county in which the offense was 
committed, for any period of time not less than sixty days nor more than one 
year, or both of such penalties. 

SEC. 133. If on counting the vote in a primary election it shall appear that 
for a county or precinct office the largest vote has been cast for two candidates 
for the same office and that they have each received the same number of votes, 
the chairman of the executive committee shall in the presence of the executive 
committee or the county convention (as the case may be) cast lots for the 
nomination in such manner as they may direct and in the presence of the rival 
candidates if they desire to be present and declare and certify the result of 
that candidate who is successful by lot. 

SEC. 134. Judges of primary elections have the same authority and it shall 
be their duty to administer oaths, to preserve order at the election, to appoint 
special officers to enforce the observance of order and to make arrests as is 
conferred on judges of general elections. Such judges and officers shall compel 
the observance of the law that prohibits loitering or electioneering within one 
hundred feet of the entrance of the polling place and shall arrest or cause to 
'be arrested any one engaged in the work of conveying voters to the polls in 
carriages or other mode of conveyance except as permitted by this act. 

SEC. 135. The same precautions required by law to secure the purity of the 
ballot box in general elections in regard to the ballot boxes, locking the ballot 
boxes, sealing the same, watchful care of them, the secrecy in preparing the 
ballot in the booth or places prepared for voting, shall be observed in all pri- 
mary elections. 

SEC. 136. Returns shall be made within four days to the chairman of the 
executive committee by the precinct judges of the ballot boxes containing the 
ballots voted, locked and sealed, tally sheets, return sheets, ballots mutilated 
and defaced, and ballots not voted, for which he shall account to the executive 
committee of the county. 

SEC. 137. No immaterial error made by any officer of a primary election 
or any immaterial violation of the primary election laws by an elector shall 
vitiate any election held under this act., nor be the cause of throwing out the 
vote of any election precinct. 

SEC. 138. No more than three ballots in succession shall be furnished a 
voter who mutilates or otherwise spoils his ballot, and the judges may, as in 
general election, require a voter before he receives an official ballot to surrender 
to them any ballot or paper on which is written or printed any names for 
which the voter has agreed to vote or been requested to vote. 

SEC. 139. Any political party desiring to elect delegates to a national con- 
vention shall hold a State convention at such place as may be designated by 
the State executive committee of said party on the fourth Tuesday of May, 
1908, and every four years thereafter. Said convention shall be composed of 
delegates duly elected by the voters of said political party in the several counties 
of the State at primary conventions to be held on the first Saturday in May, 
1908, and every four years thereafter. 

Said primary convention shall be held between the hours of 10 o'clock a. m. 
and 8 o'clock p. in. These primary conventions shall elect delegates to the 
county convention of the several counties, which shall be held on the first Tues- 
day after the first Saturday in May, 1908, and every four years thereafter. 

The qualified voters of each voting precinct of the county shall assemble on 



29 

the date named and shall U presided over by a chairman who shall have been 
previously appointed by the county executive committee of the party and shall 
be a qualified voter in said election precinct and said convention may elect from 
among their number a secretary and such other officers as may be necessary 
to conduct the business of the convention. 

The chairman of said convention shall possess all the power and authority 
that is given to election judges under the provisions of this act. Before trans- 
acting any business the chairman shall make or cause to be made a list of all 
qualified voters present and the name of no person shall be entered upon said 
list nor shall he be permitted to vote or to participate in the business of such 
convention until it is made to appear that he is a qualified voter in said precinct 
from a certified list of qualified voters the same as is required in conducting a 
general election. 

After the convention is organized as above provided it shall elect its dele- 
gates to the county convention and transact such other business as may prop- 
erly come before it. 

The officers of said convention shall keep a written record of its proceedings, 
including a list of the delegates elected to the county convention, which record 
shall constitute the returns from said convention. The same shall be signed 
officially, sealed up and safely transmitted by the officers thereof to the chair- 
man of the county executive committee of the party and to be used by the 
executive committee in making up a roll of the delegates to the county conven- 
tion. 

SEC. 140. Whenever delegates are to be selected by any political party to any 
State or county convention by primary election or primary convention or can- 
didates are instructed for or nominated it shall be the duty of the chairman 
of the county or precinct executive committee of said political party upon the 
application of ten per cent of the members of "said party (who are legally 
qualified voters in said county or precinct) to submit at the time and place 
of selecting said delegates any proposition, desired to be voted upon by said 
voters, and the delegates selected at that time shall be considered instructed 
for whichever proposition for which a majority of the votes are cast; provided, 
that the number of voters belonging to said political party shall be determined 
by the votes cast for the party nominee for Governor at the preceding election ; 
and provided further, that said application is filed with the county or precinct 
chairman at least five days before the tickets are to be printed, and the 
chairman may require a sworn statement that the names of said applicants 
are genuine. 

SEC. 141. All contests for a primary election or nomination of a convention, 
based on charges of fraud or illegality in the method of conducting the election, 
or fraud or illegality in selecting the delegates to the convention, or in certify- 
ing to the convention, or in nominating candidates in State, district, county or 
municipal conventions, or in issuing certificates of nominations from such con- 
ventions the same shall be decided by the executive committee of the State, 
district, county or municipal, as the nature of the office may require, each 
executive committee having control in its own jurisdiction. The complaining 
candidate shall within five days after the result has been declared by the 
committee of the convention cause a notice to be served on the chairman or some 
member of the executive committee in which he shall state specifically the 
grounds of his contest; also shall serve or cause to be served on the opposing 
candidate a copy of such notice, at least five days prior to the date set for 
hearing by the committee. If special charges of fraud or illegality in the con- 
duct of the election or in the manner of holding the convention, or in the 
manner of making nominations are made and not otherwise, the chairman, or 
in case he fails or refuses, any member of the committee shall within ten days 
after the primary election, or the convention, convene the executive committee, 
who shall then examine the charges, hear evidence and decide in favor of the 
party who, in their opinion, was nominated in the primary election or in the 
convention, provided that before any advantage can be taken of the disregard 
or violation of any directory provision of the law,, it must appear that but for 
such disregard or violation the result would have been different. In all con- 
tests between candidates for State office, the committee shall hold its hearing 
in the city of Austin, Travis county, unless some other place is agreed upon 
by the parties, and in all contests between candidates for any district, county 



30 

or municipal or precinct office the committee may hold its hearing at its elec- 
tion either in the county of the residence of the contestee, or in any county 
where the fraud or illegality complained of is alleged to have occurred, or at 
such other place as the parties may agree upon. When the committee lias de- 
cided the contest, the executive chairman shall immediately certify their finding 
to the officers charged with the duty of providing the official bnllot, and the 
name of the candidate in whose favor the executive committee shall find,, shall 
be printed on the official ballot for the general election. The executive com- 
mittee may, if, in their opinion, the ends of justice require it. unlock and 
unseal the ballot boxes used in the precinct where fraud or illegality is charged 
to have been used, and examine their contents, after which they shall be sealed 
and delivered to the county clerk. 

The certificate of nomination issued by the president or chairman of the 
nominating convention shall be subject to review upon allegations of fraud or 
illegality mentioned in this section and other provisions of the Act of 1905, 
both by the courts and executive committees, and the courts and such executive 
committees are hereby given concurrent jurisdiction. 

SEC. 142. Any executive committee or committeeman or primary election 
officer or other person herein charged with any duty relative to the holding of 
the primary election or the canvassing determination or declaration of the result 
thereof may be compelled by mandamus to perform the same in accordance with 
the provisions of this act. 

SEC. 143. Ballot boxes after being used in primary elections shall be re- 
turned with the ballots cast, or contained in each box as they were deposited 
by the election judges, locked and sealed, to the county clerk, and unless there 
be a contest for a nomination in which fraud or illegality is charged they shall 
be unlocked and unsealed by the county clerk and their contents destroyed by 
the county clerk and the county judge without examination of any ballot, at 
the expiration of sixty days after such primary election. 

PAYING FOB ELECTION SUPPLIES AND' FOB OFFICIAL SEBVICES. 

SEC. 144. The collector of taxes shall be paid fifteen cents for each poll tax 
receipt and certificate of exemption issued by him to be paid pro rata by the 
State and county in proportion to the amount of poll tax received by each, and 
this shall include his compensation for administering oaths, furnishing certified 
lists of qualified voters in election precincts for use in all general elections and 
primary conventions, when desired, and for all duties required of him under 
this act provided, that collectors whose salaries are fixed by what is known 
as the fee bill, shall receive ten cents for each poll tax receipt and certificate 
of exemption issued by him, and such fees shall be ex officio and not accountable 
under said fee bill. 

SEC. 145. The sheriff or any constable for serving copies of the order desig- 
nating the bounds of election precincts, or the election judges, posting notices 
and for serving all other writs or notices prescribed by this act, shall be paid 
the amounts allowed by statutes for serving civil process. For delivering elec- 
tion supplies to precinct judges, when they are not obtained by such judges in 
person he shall be paid such amount as may be allowed by the commissioners 
court, not to exceed two dollars for each election precinct. 

SEC. 146. Judges and clerks of general and special elections shall be paid 
two dollars a day each, and the judge who delivers the returns of election im- 
mediately after the votes have been counted shall be paid two dollars for that 
service, provided the polling place of his precinct is at least two miles from 
the court house, and provided also he shall make returns of all election supplies 
not used when he makes return of the election. 

SEC. 147. All expenses incurred in providing voting booths, stationery. 
official ballots, wooden or rubber stamps, tally sheets, polling lists, instruction 
cards, ballot boxes, envelopes, sealing wax and all other supplies required for 
conducting a general or special election shall be paid for by the county, except 
the cost of supplying booths for cities, which shall be provided for as required 
by former laws; provided, that all accounts for supplies furnished or services 
rendered shall first be approved by the county commissioners court, except the 
accounts for voting booths for cities 



31 

PENALTIES. 

SKC. 148. Any person who is found guilty of a misdemeanor under this act 
>hall be subject to a fine of not less than two hundred dollars nor more than 
live hundred dollars, or to hard labor on the public roads of the county in which 
the offense was committed for any period of time not less than sixty days nor 
more than one year, or to both such penalties. 

Six . 140. Any person who at a general, special or primary election willfully 
votes or attempts to vote in any other name than his own, or who votes or 
attempts to vote more than once is guilty of a misdemeanor. 

SKC. 150. Any person who fraudulently or willfully does anything in viola- 
1 ion of this act to affect the result of any primary, special or general election 
is guilty of a misdemeanor unless some other penalty for such act is specially 
provided for. 

SEC. 151. Any person who being an officer, clerk or employe of the county 
collector of taxes, precinct jud^e or clerk of election who knowingly puts in 
the certified list of qualified voters of a precinct any other number than that 
written when the poll tax receipt or certificate of exemption was issued; or 
who knowingly delivers to or receives from any voter any poll tax receipt or 
certificate of exemption on which is placed any other name than that first 
written when it was issued, is guilty of a misdemeanor. 

SEC. 152. Any collector of taxes, or any one in his employ, who willfully 
fails or refuses to transcribe correctly from the original poll tax receipt or 
certificate of exemption and insert in the duplicate retained in the col- 
lector's office the name and other description of the citizen required by 
law to be given by him, or who fails to transcribe correctly from the duplicate 
kept in the collector's office and insert in the list of qualified voters of a pre- 
cinct the name and description of the citizen as contained in said duplicate, 
or who issues a poll tax receipt after the first day of February in any year, 
bearing a date prior to the first day of February, or who willfully fails to keep 
said original duplicate securely locked up when the same are not being used 
or permits them to be mutilated, defaced,, lost or destroyed, or who conceals, 
alters or destroys them, is guilty of a misdemeanor. 

SEC. 153. Any judge or clerk of an election, chairman or member of a paty 
executive committee, or officer of a primary, special or general election, who 
willfully makes any false canvass of the votes cast at such election, or a false 
statement of the result of a canvass of the ballots cast, is guilty of a felony, 
and upon conviction shall be punished by confinement in the penitentiary not 
less than two years nor more than five years, 

SEC. 154. Any judge, clerk, chairman or member of an executive committee, 
collector of taxes, county clerk, sheriff, county judge or judge of an election, 
president or member of a State convention, or Secretary of State who willfully 
, fails or refuses to discharge any duty imposed on him by this law, is guilty 
of a misdemeanor unless the particular act under some other section of the 
law is made a felony. 

SEC. 155. Any judge of an election or primary who willfully or knowingly 
permits a person to vote, whose name does not appear on the list of qualified 
voters of the precinct, and who fails to present his poll tax receipt or certifi- 
cate of exemption, or makes affidavit of its loss or that it was misplaced, or 
inadvertently left at home, except in cases where no certificate of exemption 
or tax receipt is required, is guilty of a misdemeanor. 

SEC. 156. Any judge, clerk, supervisor or other person who may be in the 
room where an election, either primary, special or general, is being held, who 
there indicates by a word, writing, sign or token how he desires a citizen to 
vote or not to vote, shall be fined not less than two hundred nor more than 
five hundred dollars, and shall in addition be confined in jail or worked as a 
convict on the public road not less than ten nor more than thirty days. 

SEC. 157. Any person who knowingly becomes agent to obtain a poll tax 
receipt or certificate of exemption, except as provided by this act, or any one 
who gives money to another to induce him to pay his poll tax is guilty of a 
disdemeanor. 

SEC. 158. If any person intrusted with the transmission to the precinct 
election judge of official ballots, sample cards, instruction cards, distance mark- 
ers or other election supplies or who, being entrusted with the same, willfully 



32 

fails to deliver or return the same, or does any act to defeat the delivery or 
return of the same,, or being a person to whom may be legally intrusted" the 
ballots cast at an election, shall open and read a ballot, or permit it to be done, 
is guilty of a misdemeanor. 

SEC. 159. Any person who shall do any electioneering or loitering within 
one hundred feet of the entrance of the place where the election is to be held 
or who shall hire any vehicle for the purpos of conveying voters to the polling 
place, or shall willfully remove any ballots from the polling place, except as 
permitted by law, except when in marking, or who being a voter shall show his 
ballot so as to reveal the vote cast by him or marks it otherwise than is re- 
quired by law for identification, or who being a voter shall deliver to the pre- 
cinct judge of election any other ballots than the one delivered to him by the 
judge at the polling place, is guilty of a misdemeanor. 

SEC. 160. Any person who lends or contributes or offers or promises to lend 
or contribute or pay any money or other valuable thing to any voter, to influ- 
ence the vote of any other person, whether under the guise of a wager or other- 
wise, or to induce any voter to vote or refrain from voting at an election for 
or against any person or persons, or for or against any particular proposition 
submitted at an election, or to induce such voter to go to the polls or to remain 
away from the polls at an election, or to induce such voter or other person to 
place or cause to be placed his name unlawfully on the certified list of qualified 
voters that is required to be furnished by the county tax collector, is guilty 
of a felony, and on conviction shall be punished by confinement in the peni- 
tentiary not less than one year nor more than five years, and in addition shall 
forfeit any office to which he may have been elected at the election with refer- 
ence to which such offense may have been committed, and is rendered incapable 
of holding any office under the State of Texas. 

SEC. 161. Any person who gives or offers to give any office, employment or 
thing of value, or promises to secure any office, thing of value or employment 
to or for any voter or to or for any other person to vote or refrain from voting 
at an election for or against any person, or for or against any proposition sub- 
mitted at an election, or to obtain his certificate of exemption, is guilty of a 
felony and upon conviction shall be punished by confinement in the peniten- 
tiary not less than three nor more than five years, and in addition shall forfeit 
any office to which he may have been elected, and becomes ineligible to any 
office to which he may have been elected, and becomes ineligible to any other 
public office. 

SEC. 162. The penalty prescribed in the last preceding section against those 
who violate any of its provisions shall be imposed on any one who receives or 
agrees to receive any money, gift, loan or other thing of value, for himself or 
any other person, for voting, or agreeing to vote, for going or agreeing to go 
to the polls on election day, or for remaining away, or agreeing to remain away 
from the polls on election day, or for refraining or agreeing to refrain from 
obtaining his poll tax receipt 'or certificate of exemption,, or for obtaining or 
agreeing to obtain the same, or for voting or agreeing to vote for or against any 
particular person or proposition submitted to a vote of the people. 

SEC. 163. Any candidate for any public office who fails to file with the 
county judge of his county within ten days after the date of a primary or 
general election an itemized statement of all money or things of value paid or 
promised bv him before or during his candidacy for such office,, including his 
traveling expenses, hotel bills and money paid to newspapers, and make affidavit 
to the correctness of such account, showing to whom paid or promised, whether 
he was elected or not, is guilty of a mKlomeunor. and on conviction shall be 
fined not less than two hundred nor more than five hundred dollars, may be 
sentenced to work on the county roads not less than thirty days nor more 
than twelve months. 

SEC. 164. Any candidate for office or other person who pays or procvires 
another to pay th,e poll tax of a citizen, except as is permitted by law, is guilty 
of a felony, and shall be punished by confinement in the penitentiary not less 
than two nor more than five years. 

SEC. 165. When two persons are parties to the same act in violating any 
provisions of the election laws of this State, either party may be required to 
testify regarding the same, but the one testifying shall not thereafter be prose- 
cuted for such illegal act. 



SEC. 1015. The offenses and penalties <le~crihe<i in this act shall be given 
specially in charge by district judges to grand juries, and whenever this duty 
is neglected by a district judge it shall be the duty of the next grand jury to 
make a formal report of such neglected duty to the court. District judges shall 
in every charge to a grand jury emphasize the importance of pure elections as 
necessary to preserve free government and direct them to search diligently and 
to present all infractions of the election laws of this State. 

Sir. ir7. Anything published in a newspaper, pamphlet or printed journal 
in favor of or in opposition to any candidate for any public office, or 
in favor of or in opposition to any proposition submitted to a vote of the people 
when the same is published in consideration of the receipt or promise of 
money or thing of value, shall be known as political advertising; and any 
editor, publisher, manager or agent of any newspaper, pamphlet or 
printed journal who shall publish political advertising other than as 
advertising matter, which shall be labeled at the beginning or end 
thereof with the word "advertisement," or who shall knowingly and 
willfully demand or receive for the publication of such political advertising 
money or other thing of value in excess of the sum or sums due for such 
service at the regular advertising rates of such newspaper, pamphlet or printed 
journal, or any person who shall pay or offer to pay the 'editor, publisher, man- 
ager or agent of any newspaper, pamphlet or printed journal for such service 
any money or other thing of value in excess of the sum or sums due at regular 
advertising rates, or any person who shall pay or offer to pay any editor, pub- 
lisher, manager or agent of a newspaper, pamphlet or printed journal an money 
or thing of value for the publication of political advertising, except as adver- 
tising matter, shall be punished by a fine of not less than five hundred dollara 
nor more than one thousand dollars, and sentenced to imprisonment in the 
county jail or to work on the county road not less than ten nor more than 
thirty days; provided, however, that nothing herein contained shall be con- 
strued as applying to announcements of candidates for office. 

SEC. 168. If any editor or manager of a newspaper or printed journal, or 
if any person or persons having control thereof, shall demand or receive any 
money, thing of value, reward or promise of future benefit for publishing any- 
thing as editorial matter in advocacy of or opposition to any candidate, or for 
or against any proposition submitted to a vote of the people, he or they, and 
also the individual or parties offering such reward shall be punished as in the 
last preceding section, and if the offense be committed by the president of any 
corporation, or by any officer thereof with the knowledge or consent of its 
president, in addition to punishment of the individual its charter shall be for- 
feited. Either party to a violation of this and the preceding section may be 
compelled to testify regarding thereto, but shall not be punished for any act 
regarding which he may have been required to testify. 

SEC. 169. Any tax collector who 'shall deliver a tax receipt or certificate of 
exemption to any one except the one entitled thereto and at the time when 
the tax is paid or the certificate of exemption is applied for, except as specially 
permitted by this act, shall be punished by a fine of not less than one hundred 
dollars nor more than one thousand dollars, and shall be removed from office. 

SEC. 170. Any person who loans or advances money to another knowingly to 
be used for paying the poll tax of such other person, is guilty of a misdemeanor. 

SEC. 171. Any person who votes or offers to vote at a "primary election or 
convention of a political party, having voted at a primary election or conven- 
tion of any other party on the same day, is guilty of a misdemeanor. 

SEC. 172. Any judge of election who willfully permits the removal of ballots 
before the closing of the polls, or refuses to receive a ballot after a citizen has 
legally folded and returned same, or refuses to deliver to a citizen entitled to 
vote under the law an official ballot, or willfully fails to keep order within the 
polling place, or permits any person except the clerks and judges of election 
or those who enter for the purpose of voting, to come within the guard rail, or 
knowingly permits any one to remove, alter or deface a stamp number or sig- 
nature legally placed on a ballot for future identification, is guilty of a mis- 
demeanor. 

SEC. 173. Any chairman of a county executive or district or State executive 
committee who is charged with the duty of certifying the names of the candi- 
dates selected by a primary convention or primary election or elections, who 



34 

wilfully omits to certify the name of any candidate legally chosen or who 
certifies wisely regarding any one chosen or defeated, is guilty of a misdemeanor 
SEC. 174. Any person who, during an election, willfully defaces or injures 
an election booth or compartment, or willfully removes any of the supplies 
provided for elections, or before the closing of the polls willfully defaces or 
destroys any list of candidates to be voted for at an election which has been 
posted in accordance with law, is guilty of a misdemeanor. 

SEC. 175. Any person or corporation who refuses to an employe entitled to 
vote the privilege of attending the polls, or subjects such employe" to a penalty 
or reduction of wages because of the exercise of such privilege is guilty of a 
misdemeanor. 

SEC. 176. If any person shall open or keep open any barroom, saloon or 
wholesale liquor house, where vinous, malt, spirituous or intoxicating liquors 
are sold, during any portion of the day on which an election is held for any 
purpose or office in the voting precinct, town or city where such election is held, 
or shall in such voting precinct, village, town or city, sell, barter or give away 
any vinous, rnalt, spirituous or intoxicating liquor during the day of such elec- 
tion, or if any person shall carry or cause to be carried to the polling place on 
the day of election any such liquor for the purpose of sale, gift or drinking 
the same, or if any person shall find and take possession of any liquor at or 
near the polling place, or inform another of its whereabouts, he shall be deemed 
guilty of a misdemeanor; provided, that such liquors may be sold on election 
day by a drug store to fill a prescription of a physician, who shall at the time 
certify in writing on honor that it is needed by his sick patient, leaving such 
certificate with the druggist. 

SEC. 177. Any person who attempts to falsely personate at an election 
another person, and vote or attempt to vote on the authority of a poll tax 
receipt or certificate of exemption not issued to him by the county tax collector, 
is guilty of felony, and shall be punished by hard labor within the walls of 
a penitentiary not less than three nor more than five years. 

SEC. 178. If any person shall make a false affidavit that his poll tax receipt 
or certificate of exemption has been lost or mislaid, or willfully and corruptly 
induce another to make such affidavit, he shall be punished by imprisonment 
in the penitentiary not less than three nor more than five years. 

SEC. 179. If any person shall willfully alter or obliterate, suppress or de- 
stroy any ballots, election returns or certificates of election, he shall be deemed 
guilty of a felony and shall be punished by imprisonment in the State peni- 
tentiary not less than three nor more than five years. 

SEC. 180. Any collector of taxes who shall knowingly or willfully issue and 
deliver a poll tax receipt or certificate of exemption to a fictitious person shall 
be punished by confinement in the State penitentiary not less than three nor 
more than five years. 

SEC. 181. Any one to whom a poll tax receipt or certificate of exemption 
may be intrusted for safe keeping, who refuses on the demand of the owner to 
return the same to the owner thereof, before any primary election day or pri- 
mary convention day and before any general election day shall be deemd guilty 
of a misdemeanor. 

SEC. 182. Any person who shall sell, pledge, loan or deposit his poll tax 
receipt or certificate of exemption for money or any other thing of value shall 
be deemed guilty of a misdemeanor, and the person who purchases, borrows or 
obtains possession of the same by way of pledge or loan is guilty of a mis- 
demeanor. Either of the parties to such wrongful act may be compelled to 
appear and testify in a proceeding against the other, but he shall not thereafter 
be arrested or punished for his participation in such wrongful act. 

SEC. 183. If any person intrusted with the transmission to the precinct 
election judges of official ballots, poll tax receipts and exemption certificate rolls, 
sample cards, instruction cards, and all supplies required to conduct an election, 
or who, being intrusted with the transmission of election returns., or election 
boxes, willfully fails to deliver within the time required by this act, or 
willfully does any act to defeat the delivery thereof, or not being a 
person intrusted therewith, shall do any act to defeat the due delivery of such 
election returns, election supplies, election boxes, or who being an officer or 
person with whom may be legally intrusted the ballots cast at an election, shall 



35 

open or read any ballot, or permit it to be done, except as provided by law in 
the discharge of his duty, shall be guilty of a misdemeanor. 

SEC. 184. Any person who fails to keep securely any ballot box containing 
ballots voted at an election, when committed to his charge by one having author- 
ity over the same, shall be guilty of a misdemeanor. 

SEC. 185. Any person who willfully fails or refuses to file within ten days 
after an election, with the county clerk of the county of his residence, any 
report or itemized statement required by this act, or who knowingly files a false 
or incomplete statement thereof, shall be guilty of a misdemeanor. 

SEC. 186. Any county clerk or other officer charged by this act with the 
duty of preparing or having printed the official ballot at any general or special 
election, and any county chairman or a member or members of the county 
executive committee of any political party hereby charged with the duty of 
preparing or having printed the official ballot, to be used at any primay elec- 
tion of such party, who fails or refuses, except in cases permitted by law, to 
have the name of any candidate or candidates whose nominations have been 
certified to him placed or printed on such official ballot, shall be guilty of a 
felony, and upon conviction shall be punished by confinement in the penitentiary 
for not less than one nor more than five years. 

SEC. 187. Any person in the civil or military service of the United States 
in this State who by threats, bribery, menace or other corrupt means attempts 
to control or controls the vote of an elector, or annoys, injures or punishes him 
for the manner in which he exercises his elective franchise in any election, is 
guilty of a misdemeanor, and may be arrested and tried at any future time 
when he may be found in Texas. 

SEC. 188. Any corporation or officer thereof who directly or indirectly fur- 
nishes, loans or gives any money or thing of value to aid those who manage 
the political campaign of any candidate or candidates, or to any campaign man- 
ager or to any particular candidate or person to promote the success of such 
candidate for public office, shall be guilty of a misdemeanor, and if a corpora- 
tion, if the act was done with the approval or connivance of its president finan- 
cial agent or treasurer, forfeits its charter. It shall be the duty of the Attorney 
General to institute proceedings for such forfeiture whenever it is made known 
to him by the affidavit of a reputable man that in his opinion such offense has 
been committed. The officers, agents and employes of such corporation as also 
the candidate, and all persons connected with his political headquarters, shall 
be competent witnesses, and may be compelled to attend court and testify, and 
those shall not be subject to prosecution who reveal facts showing a violation 
of this section. 

SEC. 189. Any judge of an election or an interpreter who, in assisting a 
voter to prepare his ballot, shall prepare the same otherwise than the way the 
r himself shall direct, shall be deemed guilty of a misdemeanor. 

SEC 190. Any officer or employe of the State, or of a political subdivision 
reof, who directly or indirectly uses his authority or official influence to 
>mpel or induce any officer, clerk or employe of the State, or any political sub- 
division thereof, to subscribe, pay or promise to pay, any political assessment, 
shall be guilty of a misdemeanor. 

SEC. 191. Any person who, while holding a public office, or seeking a nomi- 
nation or appointment thereof, corruptly uses or promises to use "directly or 
(directly, any official authority, or influence possessed or anticipated, in " any 
way to aid any person in securing an office or public employment, or any nomi- 
nation, confirmation, promotion, appointment or increase of salary, upon con- 
sideration that the vote or political influence or action of the person so to be 
nted, or any other person, shall be given or used in behalf of any candidate, 
officer or party, or upon any other corrupt consideration, is guilty of a mis- 
demeanor. 

SEC. 192. Any head of any of the departments of State, or other public 
iicer, who shall demand or receive any money or thing of value from any clerk 
r other person in his office, for his election expenses, or to reimburse him for 
money already expended, or who shall remove from any office any competent 
clerk who declines to make such contribution, shall be deemed guilty of a mis- 
demeanor. 

SEC. 193. Any person who knowingly and willfully procures from any court 
clerk or other officer a certificate of naturalization, which has been allowed, 



36 

signed or sealed in violation of tlio laws of the United States or of this State, 
with intent to enable him or any other person to vote at any election, when he 
or such person is not entitled by the laws of the United States to bec"ome a citizen 
or to exercise the elective franchise, is guilty of a felony, and upon conviction 
shall be punished by confinf-ment in the penitentiary not less than five nor 
more than ten years. 

SEC. 194. This act is cumulative as to elections and penalties for violating 
the election laws of this Stale; except that it shall repeal the election act 
approved by the Governor April 1, 1903; provided, that this act shall not 
interfere with or repeal any lo-al option or special laws of this State, except 
as herein specially provided ami set forth. 



C 09337 



YC 09337 



257179