meanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not exceeding two hundred dollars, and adjudged to pay the costs of prosecution, and shall stand committed to the county jail until such fine and costs are paid, not exceeding sixty days. Section 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved January 27, 1921. CHAPTER 223. (S. B. 93.) RELATING TO ELECTORS WHO MOVE FROM PRECINCT WITHIN 30 DAYS PRIOR TO ELECTION. AN ACT Entitled, An Act to Provide Provisions for Voting at General and Primary Elections Where an Elector has Moved from one Election Precinct Where he is Registered to Another Election Precinct Within Thirty Days Prior to Any Such Election. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That any elector who moves from an election precinct where he is registered to any other precinct in the State within thirty days prior to any election he may retain his right to vote in the election precinct from which he moved, either in person or by mail as provided by law. Provided, however, that he shall at least ten days before any such election give to the Registration Board of the precinct from which he moved notice in writing of such removal, stating the date thereof, and that he intends to vote in such precinct at such election. Such notice shall be in the hands of the Registration Board at least ten days prior to any such election, and upon the receipt of such notice it shall be the duty of such board of registration to retain such name on the registration list, and in such case such elector shall be permitted to vote in such precinct the same as if he had not moved therefrom and his ballot canvassed the same as other ballots cast in such election. Provided, that in elections where no registration is required a person may vote in the precinct from which he moved within the thirty days prior to any election. Approved February 19, 1921. CHAPTER 224. RELATING TO NON-POLITICAL JUDICIARY NOMINATIONS AND ELECTIONS. AN ACT Entitled, An Act to Provide for the Non-Political Nomination and Election of Judges of the Supreme, Circuit and County Courts. Be It Enacted by the Legislature of the State of South Dakoto: Section 1. General Provision.] All candidates for the offices of Judge of the Supreme, Circuit and County Courts shall be nominated and voted for at the primary and general elections in the manner provided by this act and no otherwise. Section 2. Non-Political Nominations.] The names of all candidates for the offices of Judges of said Courts shall be presented for nomination by individual nominating petitions. The name of no candidate for the office of Judge of the Supreme, Circuit or County Court shall be printed upon any non-political judiciary primary ballot, or voted for at any primary election, unless, in case of candidate for Judge of Supreme Court, an individual nominating petition shall have been filed in the office of the secretary of state, at least thirty and not more than sixty days prior to such primary election, which nominating petition shall be signed according to law, by at least two and not to exceed ten per cent of all the electors of each Supreme Court district of the state, or, in case of a candidate for Circuit Judge, such a nominating petition so signed by a like per cent of the electors of each county in the circuit, shall be filed as above; or in case of a candidate for Judge of the County Court, such a nominating petition so signed by a like per cent of the electors of the county, shall be filed with the county auditor within the time above provided. "All the electors" of the state, district, or county, as the case may be, shall, for the purposes of this act, be the total number of electors casting votes, in the state, district, or county, for the several candidates for Governor at the last preceding general election. It shall be unlawful for any political party to endorse or nominate by any proposal or other convention, or other method, any candidate for the office of Judge of the Supreme, Circuit or County Court. Section 3. Declaration of Candidate.] In any petition filed by or on behalf of any candidate for nomination to the office of Judge of the Supreme, Circuit or County Court at any primary election, no reference shall be made to any party ballot or to the party affiliation of such candidate; nor shall there be attached to or contained in such petition any declaration other than a declaration by such candidate that, if nominated and elected, he will qualify for the said office. Section 4. Nominations by Primary Vote Unnecessary When.] When petitions are filed by or on behalf of not to exceed two persons as candidates for nomination of the office of Judge of the Supreme, Circuit or County Court for any district, circuit or county, the names of such persons need not be placed upon the primary ballot, but said person or persons shall be the nominee or nominees for such office; it being provided, however, that, in circuits having two Circuit Judges, the above provision shall apply when petitions are filed by or on behalf of not to exceed two candidates for nomination from any one county and not to exceed four candidates in all; and shall also apply in such circuits as to the candidates even where some one other county in said circuit has three or more candidates, provided there are not to exceed two candidates in all from counties having less than three candidates. Section 5. Separate Ballots for Judicial Nominations.] At all primary elections, at which candidates for Judges of the Supreme, Circuit or County Courts are to be nominated, where three or more petitions have been filed (except as otherwise provided in Section 4 hereof) there shall be prepared and furnished by the several county auditors, separate ballots upon which shall be placed the names of the candidates for such offices, which ballots shall be entitled "Non-Political Judiciary Ballot," and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation, and said ballot shall be substantially as follows: NON-POLITICAL JUDICIARY BALLOT Place an X in the square in front of the name of each candidate voted for. Every voter of the state has the right to vote for one Judge of the Supreme Court in each Supreme Court District. For Judge of the Supreme Court from the District. Every voter of the state may vote for one of the following candidates: ( ) John Doe Richard Roe For Judge of the Circuit Court. Every voter has the right to vote for one of the following candidates. ) John Doe Richard Roe For Judges of the Circuit Court in Circuits having two Judges. Every voter has the right to vote for two of the following candidates who must be residents of different counties: John Jones of.... Samuel Brown of.. Joseph Ray of. For Judge of the County Court. County County County County Every voter has the right to vote for one of the following candidates: A ballot shall be delivered to each elector by a proper election officer. The two candidates receiving the highest number of votes as nominees for Judge of the Supreme Court from any District, shall be declared the nominees from such district. The two candidates receiving the highest number of votes as nominees for Judge of the Circuit Court shall be declared such nominees; provided, however, that, in judicial circuits in which there are two judges, the nominees may be, but shall not exceed, four in number, and shall be first, those candidates, if any nominated under the provisions of section 4 hereof, and second, those candidates receiving the greatest number of votes at the primary election but in no case including more than two candidates who are electors of any one county. In the nomination of County Judges, the two candidates receiving the highest number of votes as the nominees for Judge of such such county shall be declared the nominees. Section 6. Filling Vacancies.] Whenever after nominations have been made under the provisions of the foregoing sections of this act, and prior to the time limited, by the general election laws then in force, for the filing of nomination petitions for candidates, the number of nominees for the office of a Judge of the Supreme, Circuit or County Court, shall be reduced through death, withdrawal or disqualification of a nominee or nominees for such office, the qualified electors of the state, circuit or county, as the case may be, may, in the manner now or hereafter provided by general law for the nomination of non-political or independent candidates for state office, nominate one or more candidates for such office of judge, provided, however, that the form of nominating petition to be filed under this section be controlled by sections 2 and 3 of this act; provided further that such nominating petition sought to be filed for a candidate for the office of Judge of the Supreme Court, shall be signed by at least 5 per cent of all the electors of this state and, for a candidate for the office of Judge of the Circuit or County Court, be signed by at least ten per cent of all the electors within the circuit or county; provided further that, when it is sought, under this section, to fill a vacancy in the nominations for Circuit Judge in a circuit having two Judges, the person seeking nomination cannot be an elector of a county of which two existing nominees nominated under this or the preceding section, are electors; and provided further that, where, prior to the creation of the vacancy, one of the existing nominees in a circuit having two Judges, had no opposing nominee, the party nominated to fill such vacancy shall stand, at the general election, as the opponent only of that nominee to whom his predecessor was an opposing nominee. Section 7. Ballots at General Election.] At the general election there shall be a separate ballot entitled "Non-Political Judiciary Ballot" which shall be prepared and furnished by the county auditors of the several counties, upon which ballot there shall be printed the following names and none other:- the names of all candidates who have been nominated in one of the manners in this act provided. First, candidates for Judges of the Supreme Court from each of the several districts of the State. Second, candidates for Judge of the Circuit Court of the Judicial Circuit of which that particular county is a part. Third, candates for the office of County Judge of that county. The naines shall be printed upon such ballot without party designation, and such ballot shall be in the same form as the primary ballot herein provided for. Section 8. General Election Laws Applicable.] All election laws of this state now or hereafter enacted, relating to the nomination and election of candidates for office, shall apply to the nomination and election of Judges of the Supreme, Circuit and County Courts, except where in conflict with the provisions of this act; provided that no act or acts. providing for the recall of an elective office shall apply to a Supreme, Circuit or County Judge. Section 9. All acts or parts of acts in conflict with this act are hereby repealed. Approved February 19, 1921. CHAPTER 225. (H. B. 26) RELATING TO ELECTION PRECINCTS. AN ACT Entitled, An Act to Amend Subdivision 2 of Section 7231 of the South Dakota Revised Code of 1919, Relating to Election Precincts. Be It Enacted by the Legislature of the State of South Dakota : Section 1. That Subdivision 2 of Section 7231 of the South Dakota Revised Code of 1919 be amended so as to read as follows: Section 7231. Subdivision 2. Each Subdivision 2. Each organized civil township wherein twenty-five or more votes were cast for Governor at the preceding general election shall constitute an election precinct, except as provided in the preceding subdivision; provided, however, that in any organized civil township having an area of fifty-four sections or more and having a voting population of three hundred fifty registered electors or more, according to the registration list of the last preceding general election, which organized civil township is embraced in one election precinct, may be divided and two election precincts created therefrom by the board of county commissioners upon a petition signed by one hundred electors of such election precinct praying for such division for general and primary election purposes. Such petition shall in addition to the prayer for division also designate the names to apply to such election precincts so created, and place of holding elections therein which election precincts shall carry the name of the civil township and be designated as North.. Precinct or South... precinct or West. precinct. precinct, East. And after the creation of such election precincts the county auditor shall make a record of such change and the county commissioners shall establish as polling places, the places designated in the petition. Approved February 10, 1921. CHAPTER 226. RELATING TO ELECTION PRECINCTS. AN ACT Entitled, An Act to Amend Paragraph 5 of Section 7231 of the South Dakota Revised Code of 1919, as Amended by Chapter 186, Session Laws of 1919, Relating to Separate Election Precincts in Incorporated Towns. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That paragraph 5 of section 7231 of the South Dakota Revised Code of 1919, as amended by chapter 186, Session Laws of 1919, be and the same is hereby amended to read as follows: 5. Incorporated towns wholly within one county, together with contiguous territory not to exceed four government townships in area, upon the petition of seventy-five per cent of the qualified electors residing in such proposed election precinct, may, in the discretion of the board, be set apart as a separate election precinct. Approved March 12, 1921. CHAPTER 227. (H. B. 87) RELATING TO POLITICAL ADVERTISING, AN ACT Entitled, An Act Relating to Political Advertisements, and Providing Penalties. Be It Enacted by the Legislature of the State of South Dakota: Section 1. It shall be unlawful for any publisher of a newspaper, periodical or magazine to publish or insert within the advertising columns of such newspaper, magazine or periodical or elsewhere therein, any matter paid or to be paid for which is intended or tends to influence directly or indirectly any voting at any Primary or General Elec |