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excess of

nominees.

In cities. fifteenth day before the September primary; and in cities

where local officers are elected at a time other than the November election, the city clerk thereof shall receive nomination petitions filed in accordance with the provisions of this act up to four o'clock, standard time, in the afternoon of the eighth

day before the time designated for holding a primary election List of in such city. The Secretary of State, or county or city clerk, candidates.

shall forthwith prepare and publicly expose in his office a list of the candidates for offices named in the nomination peti

tions filed in his office, as near as may be, as they will appear Proviso as to upon the official primary election ballots : Provided, That if petitioners. any nomination petitions contain more than the necessary

percentage of names hereinbefore referred to, the excess over

and above the necessary four per cent. shall not be considered Proviso, idem. nor counted: Provided, further, That any names constituting

the excess herein referred to shall not be counted on any other Officers to nominating petition. The said Secretary of State, or county certify

or city clerk, shall forthwith, after the last day herein named for receiving and filing nomination petitions, certify to the proper board or boards of election commissioners the names of all party candidates whose petitions meet the requirements

of this act, together with the name of the political party and Notice of the office for which they are candidates. In case it is deterdeficient petitions. mined that the nomination petitions of any candidate do not

comply with the requirements of this act, or if for any other cause such candidate is not entitled to have his name printed upon the official primary election ballots, it shall be the duty of the Secretary of State, or county or city clerk, to immediately notify such candidate of such fact, together with a statement of the reasons why his name was not certified to the

respective boards of election commissioners. Primary Sec. 33. All primary elections for the nomination of party elections,

candidates for office shall be held by election precincts the same as general elections are held, and the polls thereof shall

be kept open in the respective precincts for the same length Proviso as to of time: Provided, That in any city of five thousand popula. certain cities.

tion, or over, the common council may direct that the polls of the primary election shall be kept open until eight o'clock p. m., standard time.

SEC. 34. Each primary election shall be presided over by inspectors.

a board of primary election inspectors, which board shall be

composed of the members of the board of election inspectors Delivery of provided for under the general election law. The official supplies.

primary election ballots herein provided for, together with the necessary pencils, tally sheets, etc., necessary to carry on any election, provided for in this act, shall be delivered by the board of county election commissioners to the county clerk, and by the county clerk delivered to a member of the board of primary election inspectors of each ward, township, or

voting precinct, in the county at least three secular days General elec- prior to any election or primary election day. The provisions

of the general election law relative to the furnishing of ballots,

laws to govern.

Election

ballots and

tion law to govern.

tally sheets, pencils, ballot boxes, arrangement of booths, initialing of ballots, powers and duties of inspectors, manner of conducting the election, and all other matters shall be applicable hereto except in so far as the provisions thereof may be inconsistent herewith.

SEC. 35. After the polls are open at a primary election, Ballot any elector who is legally qualified and enrolled as hereinbe- elector. fore provided, shall, before entering the booth, be furnished a ballot of the political party with which he is enrolled, and no other. It shall be incumbent upon him to state to the inspector Elector to who has the ballots in charge, the party ballot he desires, desired. which, if he is enrolled as a member of the party represented by said ballot, and if his right thereto is not challenged, shall be delivered to him forthwith. Any voter enrolled as a In case of member of any political party for which no ballots have which no been prepared, shall not be permitted to vote any other party pared. ballot at such primary election. It shall be competent for Challenges. any enrolled voter or primary election inspector present to challenge the right of any one offering to vote, on the ground that he is not a legal voter in that precinct, or that he belongs to a political party other than that represented by the ballot for which he has asked. When the right of any enrolled Oath. voter to a ballot is challenged he shall be required to take and subscribe an oath that he is a qualified enrolled voter and has the qualifications of a voter and that he believes in the principles of the political party represented by the ballot for which he has asked. Such oath shall be in the following Form of oath. form:

I hereby solemnly swear (or affirm) that I am a resident and qualified elector, and possess the qualifications of a legal voter, and that I am enrolled as a member of the...

.party, in the township of..... or in the.....

precinct of the..... ward of the city of..

and that I believe in the principles of the said.

..party. (Signature) Subscribed and sworn to before me this. day of......

190....

Notary public or officer authorized to administer oaths.

If the challenged voter takes and subscribes to the above When may oath he shall then receive the ballot for which he has asked and be entitled to vote it, the same as if his vote has not been challenged; but unless a challenged voter takes and subscribes to the above oath, he shall not be permitted to vote at such primary election. If any person who takes the foregoing Perjury. oath, swears falsely, he shall upon conviction thereof, be subject to all the pains and penalties of perjury. The provisions Law appliof section three thousand five hundred twenty-two of the

vote.

cable.

Record of challenged voters.

ballot.

son not

ballot.

voter asks for ballot.

Compiled Laws of eighteen hundred ninety-seven are expressly made applicable hereto. A record shall be kept of any primary ballot cast by any voter whose right to vote has been challenged, in a similar manner to that provided in the general

election law. Marking of Sec. 36. The enrolled voter after having received his ballot,

shall enter a booth, and while there concealed from view prepare such ballot by making a cross in the square at the left of the names of such condidates as he may desire to vote for,

but in no case for more candidates for any office than is inVote for per- dicated under the title of such office. He may, however, vote printed on

for any person whose name is not printed on the ballot by inserting such other name in such manner as shall make it a

substitute for any name which is printed thereon or where no Folding of candidate's name appears upon the ballot. He shall then ballot, etc.

fold the ballot so that the perforated corner having within ballot number shall be on the outside, and present it to the

proper inspector, who shall tear off the number and deposit Duty of in- the ballot in the ballot box. When an enrolled voter asks spector when

for a ballot the inspector shall enter his name upon the poll list, the name of the political party and the number of his ballot, before the same is given to voter, and the inspector receiving the ballot shall, before depositing it in the box, ascertain by comparison with the poll list whether it is the same ballot given to such voter, and if it is not the same

ballot he shall reject it and such voter shall not be allowed Exposure of to vote at such primary election. If any enrolled voter shall,

after marking his ballot, so expose it to any person as to reveal the name of any candidate voted for thereon, such ballot shall be rejected and such enrolled voter shall forfeit the right to vote at such primary election, and a brief minute of such occurrence shall be made in the enrollment

book and upon the poll list opposite the name of such enrolled Challengers. voter. Challengers appointed by the several political parties

shall be allowed to be present with the same powers as are

provided by law for general elections. Counting of

SEC. 37. After the closing of the polls on the day of holding of any primary election, the ballots shall be counted as provided by law for the counting of the ballots of any regular election. In counting such ballots only those candidates for nomination to office who have a cross made in the square at the left of their names shall be deemed to have been voted for, and any ballot upon which more candidates for any office have been voted for than may, by law, be elected

to such office, shall be rejected as to all names appearing Delegates to for that office. The required number of electors who receive vention, plu- the highest number of votes for delegates to the county conrality to

vention of any political party shall be declared by the board of primary election inspectors to be elected. Said board shall certify to the county clerk the names of the electors so elected as delegates, naming the political party upon whose ballots

ballot.

ballots.

elect.

of result.

sheets.

of count.

such electors were elected. Said board shall also certify to Board to each delegate so elected his election as such delegate. The certify names

to county county clerk shall certify to the chairman of each political clerk. party of the county the delegates elected by each such political party as delegates to the county convention.

Sec. 38. After the votes at any primary election in any Declaration election precinct shall have been counted, the officials counting the same shall publicly declare the result, and forthwith make and certify written detailed statements, such as are required by law for general elections, except as hereinafter provided, showing the whole number of votes cast in such election precinct for each candidate voted for on each party ballot, and shall certify, subscribe and seal in a separate statements

and tally envelope such statements and one of the tally sheets, and write thereon the name and number of the election precinct, if any, and deliver such statements and tally sheets to such persons and at such times as are required by law for general elections. As soon as they have completed the count- Completion ing of the votes of their respective precincts they shall return all the ballots voted to the ballot boxes, which shall be locked and sealed, and such ballot boxes, and all books, unused ballots, supplies, lists and subscribed oaths shall be safeguarded and returned in the manner provided for by law governing general elections.

Sec. 39. The returns of said primary election shall be Canvass of canvassed and the results declared in the same manner and returns. within the same time after the primary election and by the same officers as is provided by general law for canvassing the returns of and declaring the result in city, county, district and State elections, except that in the case of nomina- Exceptions in tions for United States Senator, Governor, or Lieutenant

senator, etc. Governor, or officers from districts comprising more than one county, the county clerk of each county affected shall transmit to the Secretary of State, within ten days after the primary election, certified copies of the number of votes received by each of the candidates for the nomination of any of the said offices. The Secretary of State shall appoint a meet- Board of ing of the Board of State Canvassers at his office not later vassers, than twenty days after the primary election, which date when to shall be certified to the chairman of the State Central Committee of each political party, for the purpose of canvassing the votes of the candidates for such office. The said board Canvass of shall proceed in the same manner in canvassing the votes, certifying, recording and determining results, etc., for nomination for United States Senator and Governor and Lieutenant Governor as is done in canvassing the votes in the case of election of State officials. In canvassing the votes of candidates for members of congress, State senators and representatives in the legislature, in districts composed of more than one county, said board shall proceed in like manner as is done in the canvassing of votes cast for members of congress.

case of U.S.

votes.

Vote necessary for nomination of

All other

vote.

SEC. 40. The candidate of each political party for nomina

tion for Governor or Lieutenant Governor who receives a governor and plurality and at least forty per cent. of the total vote cast lieut. governor,

by his particular party at such primary election shall be the

nominee of such political party for said office at the next When nomi- ensuing general November election. If, however, no candidate convention. for Governor or Lieutenant Governor receives a plurality and

at least forty per cent. of the total vote cast by that political party, the candidate of that political party for Governor or Lieutenant Governor shall be nominated at the ensuing State convention called for the purpose of nominating State officers.

In all other cases the candidate of each political party for cases plurality

nomination for any office who receives the greatest number of votes cast for candidates for any such office as set forth in the returns or as determined by the board of canvassers on the recount by it of said ballots, shall be declared the nominee of that political party for said office at the next ensuing general November election, or at the next city election, as the case may be, and the board of canvassers shall forthwith certify such nominations to the respective boards of election commissioners affected thereby : Provided, That in the case of a candidate for the office of United States Senator, the Board of State Canvassers shall certify the result of the primary election to the next succeeding legislature on the

first day of the session. Petition for SEC. 41. Any candidate voted for at any primary election

provided for in this act, who conceives himself aggrieved on account of fraud or error by the board of primary election inspectors, in the count of the votes cast, or the returns made by said board, may, on or before the close of the day or days upon which the board of State, city, or county canvassers meet, present to and file with the chairman of the particular board, a written or printed petition, which shall be sworn to, and shall set forth as near as may be the nature of the errors or fraud complained of, and the particular township,

ward, or precinct in which the alleged irregularities occurred Amount of and ask for a recount of the votes cast therein. Such petideposit.

tioner shall at the same time deposit with the chairman of said board the sum of ten dollars for each and every township

or ward, the vote of which he requests to have recounted by Proviso. said board: Provided, That no candidate shall be required Notice to to deposit more than one hundred dollars. When said petition opposing candidate.

is filed and the amount herein prescribed is deposited, and after giving at least twenty-four hours' written notice thereof to the opposing candidate, by handing to such candidate a copy of the petition, or if such candidate cannot be found, by

leaving such copy at his place of residence, with some perDuty of son of suitable age, it shall be the duty of said board of can.

vassers to designate a time and place when the facts set forth in said petition shall be investigated and when the ballot. boxes used in such election in such township or ward shall be

recount.

canvassers.

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