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Challenge, grounds of.

Challenge

provided by the election law of this state to fairly, honestly, and impartially conduct the election, and shall open and close the polls at the time named in the resolution, and shall conduct and complete the canvass of votes and make returns thereof without unnecessary delay. They may administer oaths and call and examine witnesses touching the qualifications of any person offering to vote. They shall appoint two competent persons to act as Clerks of such election, who shall each be sworn to faithfully, honestly, and fairly perform the duties imposed on him by law.

1624. SEC. 4. In addition to the grounds of challenge allowed by the election law of this state, and herein provided for, any person offering to vote at such election may be challenged upon the ground that he does not possess the political qualifications prescribed in the resolution, and such challenge determined. shall be tried and determined by the Board of Election, who may administer an oath to such challenged person, and may ask any question tending to prove or disprove the challenge. The board shall reject any vote offered by any person not a legal voter, or who does not possess the qualification required by the resolution.

Vote rejected.

Misde

meanor, when

1623. SEC. 5. If any person who does not possess the qualification of a voter at a general election held throughout the state and the political qualification required in the resolution of the committee or body, shall vote or offer to vote at such primary election, he shall be guilty of a misdemeanor, and on Punishment. Conviction shall be fined not less than fifty dollars nor more than five hundred dollars, and in default of the payment of such fine shall be imprisoned in the county jail for a period not exceeding ninety days.

Perjury, when.

1626. SEC. 6. Any person offering to vote who shall, under oath administered by any of the officers of such election, willfully, untruly or falsely answer any pertinent question asked by any officer or challenger, or make any misstatement intended to mislead the officers of the election for the purpose of voting, shall be guilty of perjury, and on conviction shall Punishment. suffer all the penalties provided by law for that offense.

Double

1627. SEC. 7. Any person who shall vote or offer to vote voting. at such primary election who has voted at the same or any other precinct on the same day and for the same purpose shall be Misdemeanor guilty of a misdemeanor, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars, and Punishment. shall be imprisoned in the county jail for a period not exceeding ninety days.

Frandulent voting.

1628. SEC. 8. Any officer or Clerk of such primary election who shall knowingly permit any fraudulent vote to be cast, or shall knowingly receive and deposit in the ballot box any ballot offered by any person not qualified to vote in that precinct and at that election, or of any person who has previously voted at the same election, or shall in any way knowingly procure any Misdemeanor disqualified person to vote or attempt to vote, such officer or Clerk shall be guilty of a misdemeanor, and on conviction shall

be fined not less than fifty dollars nor more than five hundred Punishment. dollars, and shall be imprisoned in the county jail for a period

not exceeding ninety days.

1629. SEC. 9. Any person intrusted with the perform- Misfeasance. ance of any duty under the provisions of this Act who, after he shall have consented and begun to perform the same, willfully neglects or refuses to perform such duty, or who fraudulently acts in contravention or violation of any of the provisions of this Act, or who performs or assists in any act, whether in voting or in receiving or depositing ballots, or in caring for the ballots or ballot box, or who shall willfully miscall or misread or fail to call or read the name of any person whose name is voted on any ballot, or willfully enters upon any tally list a greater or less number of votes for any person than such person actually received, with intent to change the result of such election, or impair or improve the chances of election of any candidate, or knowingly permits any illegal voting or fraud in any manner, shall be guilty of a misdemeanor, and on convic- Misdemeanor tion shall be punished by fine of not less than fifty dollars nor more than five hundred dollars, and shall be imprisoned in the Punishment. county jail for a period not exceeding six months.

excluded.

1630. SEC. 10. Any person offering to vote at any pri- Refusal to be mary election, who, after being required by any member of the worn, vote board, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question touching his qualifications as an elector and right to vote, shall be excluded from voting at such election.

1631. SEC. 11.

If any person shall, at any primary election Bribery. herein provided for, or prior thereto, buy, or offer to buy, any vote, or give, or offer to give, any reward, employment, or consideration of any character, or shall in any manner intimidate or attempt to intimidate, by any threat or promise, for the purpose of influencing any voter to cast his vote in favor of any person or question, or against any person or question; or if any person shall at such election for any consideration vote or offer to vote any particular ticket, or for any particular person or question, or against any particular person or question, or in the real or supposed interest of any person or question, or if any person shall, at or prior to such election, give or receive any bribe, reward, or promise, which is given or received with the view, intention, or expectation that the voter will be influenced thereby to cast his vote in any particular way, whether the vote be cast or not, or changed thereby or not; or if any person shall, at such election, give or receive any consideration for voting, or to refrain from voting, such person shall be deemed guilty of a misdemeanor, and, on conviction, shall be Misdemeanor fined not less than one hundred dollars, nor more than five hundred dollars, and shall be imprisoned in the county jail for Punishment. a period not exceeding six months; and any person guilty of any violation of the provisions of this Act may inform upon any other

person guilty of violating the provisions thereof, and such informant, provided he be the first per on giving such informa

from

prosecution.

Informer free tion, shall file a complaint, and after appearing and testifying thereto in the proper court having jurisdiction thereof, shall be free from prosecution for any complicity his information may disclose, or that may be disclosed at any trial instituted upon information given and complaint filed by him. A sum equal to the fine imposed shall be taxed as costs in the case and allowed to the informant.

Two or more ballots folded together.

1632. SEC. 12. Any person who knowingly hands in two or more ballots folded together, or adds or attempts to add any ballot to those legally polled, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or who adds to or mixes with, or attempts to add to or mix with the ballots lawfully provided and cast, other ballots while the votes are being counted or canvassed, or at any other time, or at any time abstracts any ballots lawfully polled with the intent to change the result of such election, or to change the count thereat in favor of or against any person voted for at such election, or carries away or destroys, or attempts to carry away or destroy, any tally list or ballots or ballot box for the purpose of affecting the returns, or of breaking up or invalidating such election, or who willfully detains, mutilates or destroys any such election returns, or in any manner interferes with the officers holding such election, or conducting the canvass, or with voters lawfully exercising their right of voting at such election as to prevent such election or canvass from being peaceably held and fairly conducted, shall Misdemeanor be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred Punishment. dollars, and shall be imprisoned in the county jail for a period not less than sixty days nor exceeding six months.

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Forging or counterfeiting returns.

1633. SEC. 13. Any person who forges or counterfeits returns of any primary election purporting to have been held at a precinct, town or ward, where no election was in fact held, or who substitutes forged or counterfeit returns of a primary election in place of true returns where an election was actually Misdemeanor held, shall be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five Punishment. hundred dollars, and shall be imprisoned in the county jail for a period not less than sixty days nor exceeding six months. 1634. SEC. 14. After counting the votes and signing the lists the Judges must cause the ballots and one copy of the lists, delivered to together with the poll book, to be delivered to the Secretary of the committee or body which called the election, and one of the Judges must retain the other list for twenty days after said Certificates of primary election. The Board of Election must issue certificates of election to all persons who are chosen to fill any position by the vote of one precinct alone, and the committee or body who called the election shall issue certificates to persons elected by the votes of more than one precinct.

Lists, ballots and poll books to be

Secretary.

election.

Committee to

prepare register.

1633. SEC. 15. The committee or body calling a primary election shall have privilege to prepare copies of the register for each precinct, and if the time of registration has not expired at

the time of holding the primary election, actual registration Registration. shall not be necessary to qualify a voter or officer when such voter or officer is qualified in every other respect and entitled to register on the day such primary election is held, and will be entitled to vote at the next ensuing election.

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An Act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty.

Approved March 9, 1866, 231.

to be elected.

1636. SECTION 1. There shall be elected the following offi- What officers cers, to-wit: First-A Governor and Lieutenant-Governor. Second-Two United States Senators. Third-As many members of the house of representatives of the United States as this state may be entitled to. Fourth-As many Presidential Elec

i

To be
appointed

Who eligible
to office.

tors as this state may be entitled to. Fifth-Three Justices of
the Supreme Court. Sixth-One District Judge for each
judicial district into which the state is divided by law.
Seventh-Senators and members of the assembly. Eighth-
A Secretary of State, State Treasurer, State Controller, Attorney-
General, and Surveyor-General. Ninth-A Clerk of the Su-
preme Court. Tenth-A State Superintendent of Public In-
struction. Eleventh-For each county, one County Clerk, who
shall be ex-officio Clerk of the Board of County Commissioners,
and also Clerk of the district court of his county; one Sheriff;
one District Attorney; one Public Administrator, who shall be
ex-officio Coroner; one Assessor; one Treasurer; one County
Surveyor; one County School Superintendent; three County
Commissioners, except in counties having a voting population of
four thousand and upwards, and in those counties five; one County
Recorder, who shall be ex-officio County Auditor; Justices of
the Peace; and Constables. The following officers shall be
appointed, to-wit: Notaries Public, Commissioners of Deeds,
for the respective states and territories of the United States and
foreign countries, and all the officers which are not elective.
Hubbard v. Goring, 6 Nev. 276.

QUALIFICATIONS OF OFFICERS.

1637. SEC. 2. No person who is not a qualified elector shall be eligible to any office of honor, profit, or trust, in and under the government and laws of this state. No person shall be eligible to the office of Governor, Lieutenant-Governor, Judge of the Supreme Court, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-General, Superintendent of Public Instruction, who, at the time of such election, has not attained the age of twenty-five years, and been a citizen resident of this state for two years next preceding the election; and to the offices of Clerk of the Supreme Court, State Senator, or Assemblyman, who, at the time of such election, has not attained the age of twenty-one years, and been a citizen resident of this state one year next preceding the election. Any person over the age of twenty-five years shall be eligible to the office of District Judge who is a qualified elector of the state and district in which he resides.

Presidential
electors.

Time and inanner of election.

OF THE ELECTION OF PRESIDENTIAL ELECTORS AND THE TIME AND
MANNER THEREOF.

1638. SEC. 3. In each year when the election of President and Vice-President of the United States is to take place, there shall be chosen as many Electors of President and Vice-President as this state may be entitled to at the time of such election. 1639. SEC. 4. The qualified voters of the state shall meet at the places designated for holding the general election in the different counties in the state, on the Tuesday next after the

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