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such electors were elected. Said board shall also certify to Board to each delegate so elected his election as such delegate. The certify names 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 envelope such statements and one of the tally sheets, and sheetsally 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.
Vote necessary for nomination of
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. All other 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
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
brought before it. The said board shall thereupon, in some Recount. public place where the interested candidates and their counsel may be present, if they so desire, proceed forth with to open the ballot boxes from such townships or wards and to make a recount thereof as to such candidates, and make a orrect and complete return in writing showing the full number of votes cast and the names of the candidates and the number of the votes given to each. When the recount of each box is Care of
ballots, etc. completed the said board shall at once return the ballots thereto, carefully lock and seal same, and deliver the ballot boxes to the officer having the care and custody thereof. The returns made by the said board of canvassers upon such recount shall be deemed to be correct, anything in the previous return from such township, ward or precinct, to the contrary notwithstanding. In all cases where, by reason of such recount, When fraud, the petitioner succeeds in establishing fraud or mistake suf- fithe estabficient to change the result, the money deposited by him shall be refunded; otherwise it shall be turned into the treasury of the State, county or city, as the case may be. If two or Tie, vote. more candidates of the same political party are tied for the same office, the tie shall be determined by lot to be cast then and there as the canvassing board may direct.
SEC. 42. The several boards of election commissioners Printing of shall cause to be printed upon the official election ballots to ballots. be used at the November election, or at the city election, as the case may be, the names of the candidates for offices selected under the provisions of this act: Provided, That Proviso as to when any candidate shall die or shall withdraw as such can- withdrawal didate before the printing of the ballots, after having been of candidate. nominated as herein provided, then the proper board of election commissioners shall cause to be printed or placed upon such ballot in place of the name of such candidate, the name of the candidate which shall be selected by the proper party committee as shown by the certificate of its chairman and secretary, in the manner provided for in the general election law. When such death or withdrawal shall occur sub- Subsequent to
printing of sequent to the printing of the official ballots, it shall be the ballots. duty of the said board of election commissioners, if time permits, to forward the various boards of election inspectors a slip containing the name of the candidate so certified by the chairman and secretary of the particular political party in the manner herein provided, which slip shall be pasted in the proper place upon the official ballot by the board of election inspectors. If in any case a person is nominated for any Nomination
of person by office by more than one political party, it shall be his duty to elect within five days after the official canvass of the returns one party. of said primary election upon which ticket he wishes his name to appear, and unless such election is made such candidate's name shall not be printed on any ballot: Provided, Proviso as to That the candidates for city, county or district offices of a by convention. political party whose enrolled voters have not adopted the provisions of act one hundred eighty-one of the public acts
of nineteen hundred five or the provisions of this act, shall be nominated in convention and the names of such candidates certified to the proper board of election commissioners and placed upon the official election ballots in the manner provided
for by existing law. County con- SEC. 43. The county conventions of all political parties vention, date for the election of delegates to a State convention for the
nomination of State officers, and for the nomination of delegates to district conventions, and for the nomination of candidates for county offices, shall be held within fifteen days
after the first Tuesday in September preceding the November To be held election. All such county conventions of any one political on same day.
party shall be held on the same day throughout the State, which day shall be designated by the State Central Committee of such political party in its call for the State convention to nominate candidates for State officers. The time and place of meeting of such county convention shall be designated in
the call issued therefor by the respective county committees Delegates, of such political party. The number of delegates to which choice of.
such county is entitled either at the State convention or at
any district convention of which the county constitutes a part, District shall be chosen at such county convention. The day upon which conventions.
any district convention is to be held shall be designated in
the call issued by the respective district committees of such Candidates for political party. If candidates of such political party for county offices. county offices are not selected by a direct nominating system,
candidates for county offices shall also be selected at such
county convention. State con- SEC. 44. The State convention of all political parties for ventions, date of.
the nomination of candidates for State officers shall be held
Tuesday in September preceding a November election. Cities, adop- SEC. 45. Whenever the enrolled voters of any political system in.
party in any city shall decide to select party candidates, except candidates for ward offices, pursuant to the provisions of this act, the petitions for submission of the question, the submission of the question itself, the nomination of candidates, the printing of ballots, the conducting of the primary, and any other provisions for city nominations shall be governed, in so far.as applicable, by the provisions of this act relative to the
nomination of party candidates for county or district offices. Misdemeanors, SEC. 46. Every person who, directly or indirectly, by himwhat, deemed.'
self or by any other person in his behalf, gives, lends, or agrees to give or lend, or offers, or promises any money or valuable consideration, or promises or endeavors to procure
tion of any
any money, or valuable consideration or office, place or
SEC. 47. Any person who shall, while the polls are open, at Soliciting any polling place on any primary day, solicit votes in the polling place, said polling place, or within one hundred feet thereof; any etc. person who shall offer or give to any other person any intoxicating liquors, or drink any intoxicating liquors within any such polling place; any person who shall violate any of the requirements or provisions of this act for which a penalty is not herein otherwise provided; any person who shall refuse or neglect to perform any duty enjoined upon him thereby; and any person who shall vote or attempt to vote more than once, or in more than one election district at the primary election, shall be guilty of a misdemeanor and upon