to county

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 count- of result. ing 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 sheets. 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.

of count.

returns.

case of U. S.

state can

SEC. 39. The returns of said primary election shall be Canvass of canvassed and the results declared in the same manner and 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 Canvasser's 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 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.

meet.

votes.

Vote necessary for

nomination of

When nominated in convention.

All other

cases plurality

SEC. 40. The candidate of each political party for nomination 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 ensuing general November election. If, however, no candidate 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 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.

vote.

Petition for recount.

Amount of deposit.

Proviso.

Notice to opposing candidate.

Duty of

canvassers.

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 petitioner 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 said board: Provided, That no candidate shall be required to deposit more than one hundred dollars. When said petition 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 person of suitable age, it shall be the duty of said board of canvassers 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 forthwith to open the ballot boxes from such townships or wards and to make a recount thereof as to such candidates, and make a correct 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- etc., 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.

lished.

names on

death or

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 sequent to the printing of the official ballots, it shall be the printing of 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 office by more than one political party, it shall be his duty to of person by 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

more than

nominations

County con

of.

To be held

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.

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 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 of such political party. The number of delegates to which such county is entitled either at the State convention or at any district convention of which the county constitutes a part, shall be chosen at such county convention. The day upon which 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 are not selected by a direct nominating system, candidates for county offices shall also be selected at such county convention.

Delegates, choice of.

District conventions.

county offices.

State conventions, date of.

Cities, adoption of 1 system in.

Misdemeanors, what deemed.

SEC. 44. The State convention of all political parties for the nomination of candidates for State officers shall be held within forty days after the September primary, but not less than ten days after the day appointed for the meeting of the Board of State Canvassers for the purpose of canvassing the primary election returns mentioned in this act. The particular day and the time and place of meeting shall be designated by the State central committees of the various political parties in the calls for said State conventions, which calls shall be issued at least thirty days prior to the first Tuesday in September preceding a November election.

SEC. 45. Whenever the enrolled voters of any political 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.

SEC. 46. Every person who, directly or indirectly, by himself 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

any money, or valuable consideration or office, place or employment, to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting or opposing any candidate on account of such voter having voted or refrained from voting at any primary election in this State; every person, who through any means, receives, agrees or contracts for any money, gift, fee, loan or valuable consideration, office, place, appointment or employment for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting in a particular manner at any such primary election; or who after any primary election in this State, directly or indirectly by himself or by any other person in his behalf, gives or receives any money or valuable consideration or place, position or employment on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any such primary election; or who in behalf of any firm, partnership, association or corporation, gives, lends or receives, or agrees to give, lend or receive, or offers or promises any money or valuable consideration, place, position or employment, or promises or endeavors to procure any money or valuable consideration, in order to aid or promote the nomination of any particular candidate; or any State officer, whether elective or appointive, or appointee of any State officer, or any member or employee of any State board or any State employee who, directly or indirectly, circulates any petition herein provided for in the interest of any candidate or candidates except for himself; or any State officer, whether elective or appointive, or appointee of any State officer, or any member or employee of any State board, or any State employee who, directly or indirectly, solicits votes for any candidate for Governor, Lieutenant Governor or United States Senator, on primary election day or any time prior thereto, shall be deemed guilty of a misdemeanor, and Penalty. upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment for a period of not less than thirty days nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

votes in

etc.

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 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 same primary election, shall be guilty of a misdemeanor and upon