g"1 ' ■—- - ■■■ ■■ < • •: O* ;+♦{•• -£•♦*£-; <■ <>•!» • ; 4 ❖+■ - <• ^v-• *H>* ♦•K* * ^ THE PRIMARY ELECTION LAW < lieu e 11 l>1 I No, 405 * Passed l)y the Last Legislature " < A ^ a • * A> ' A ‘ _ A A At t AAAkt'AifS *» t. AAm . .AAJ. . >1A*. A * ' ♦ -V * .* -v ♦ : •. a. An Act entitled: "An Vet !<> provide for Jirimary elections and to regulate tlie same, (to provide for the nomination oi cert am candidates for certain offices at such pri mary elections: t<> provide for the election of state and county committees of the ■several political parties: to permit electors to express tlicir choice for l niton Mates senator and upon proposed constitutional amendments: to provide penalties for vio lations of the provision's of this act. to amend section 576!* of Cobbey’s Annotated Statutes of Nebraska for lWtt. and to re peal said original section, and jo repeal sections 5714. 5715. 5716. 5711. oils, •_>**• * 5720. 5721. 5722. 5S00, .‘Mil. -Js -• 5803. 5.804 . 5806. 5S07. 5808, •*>; 5810, 5811. 5767. 5768, 5770, 5772. 5773. 5774. 5775. 5776. of Cobbev s • liocated Statutes of Nebraska. o811ai 5S11U1 Cobbey's Supplement for the >* • 3905, us the same now exist, and all acts or parts of acts in conflict with the provi sions of this act. . ^ Be it Unacted by the Legislature of the Sta.e of Nebraska: Section 1 Definition and Construction. The words and phrases in tills act shall, unless tile same be Inconsistent with tnc context, be construed as follows: 1. The word “primary.” the primary election provided for by this act. 2. The word “election.” a general or city , N election as distinguished from u primary ' • V election. , ,, .. x 3. The words “November election; tnc general election held In November. 4. The word “precinct,” a district estab lished by law within which all qualified electors vote at one polling place. 5. The word “district,” a subdivision of the state or a county or city or village in which all the electors are entitled to par ticipate in the election of any one or more candidates for office, to be elected by votes of electors in such subdivision exclusively. This statute shall be liberally construed so that the real will of the electors may not he defeated by an informality or fail ure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary or certi fying tlie results thereof. , . . Section 2. Candidates. How Nominated. Hereafter all candidates for elective of fices. except those expressly exempted from the provisions of this act, shall be nomi nated: 1. 15y a primary held in accordance with this act: .. . 2. By nomination papers signed aim u ns provided by statute. 3. This act shall not apply to special elections to fill vacancies, nor to municipal elections in cities having less than 2.1.000 population, village, township and school district officers, nor to members of school boards nor members of boards »>f educa tion. Section 2a. That section 1700 of Cobboy s Annotated Statutes of Nebraska for 100:5 be amended to read as follows: ‘‘Section 5700. (’andidates for public office may lie nominated otherwise than by convention, committee or primary meeting in the fol lowing manner: A certificate of nomination containing the name of the candidate for The office to he tilled stating the name, resi dence. business and postoftice address of the candidate, shall be signed by electors residing in the district or political division In which the officers are to bo elected and (filed with the clerk of the village, city or county or with the secretary of state as the case may he. The number of signatures s..:ill not lie less than one thousand when the nomination is for an office to lie tilled by the electors of an entire state, and not less than two hundred when the nomination Is for an office to bo filled by the electors of the city, county, or other division less than the state and not less than fifty when the nomination is for an office to he filled by the electors of a township, precinct or / ward, provided that the number of signa tures need not in any instance exceed one fourth of the total number of voters, when tin' nomination is for an office to lie filled ■liy the electors of a county, city, township, precinct, village or ward, and that the sig natures need not all lie appended To one paper, provided further than candidates nominated under tlie provisions of tills section, shall lie termed ‘‘Candidates by Petition” and upon tne ballot upon which their names are printed, shall lie printed af ter such names the words *‘B.v Petition.” Each elector signing a certificate shall add to his signature his place of business, his residence, and nddres" Certificates of nomination for all county, district or pre cinct offices Including members of both branches of the legislature, shall lie filed V with the county clerk of the respective ^ counties wherein the officers are to be elected, and in case tlie legislative districts from which such candidate is to he elected embraces more than one county, then in that case the certificate shall he filed with the county clerk of each county included in finch district. Certificates for nomination of the judge of the district court shall he filed with the county clerk of each county embraced in such judicial district. Certifi cates of nomination for municipal offices shall be filed with the municipal clerk of such corporation wherein the officers are to Tie elected.” That, section 57<*0 of Cobhey’s Annotated Statutes of Nebraska as hereto fore existing be and tbe same Is hereby re pealed. Section 3. Primaries, When and Where •Held. 1. There shall he a primary election held at tlie regular polling place in each pre cinct on the first Tuesday in September. 3907. and annually thereafter on the first Tuesday In September, for the nomination of all candidates, except those extempted from the provisions of this act. to be voted for at the November election, and United States senator, and said day shall lie the first day for the registration of voters in Wi 11 cities where registration is required. 2. Any primary other than that provided for above shall lie held oh Tuesday, four weeks before the elections, except in cities of the metropolitan class and cities of the first class having over twentv-five thousand Inhabitants wherein it shall be held on rfion. Section 4. Notice of Primaries. IIow Giv en. At least sixty 050) days before tin* holding of any September primary the gov ernor shall issue his proclamation designat ing all the offices to be filled by the vote of all electors of the state or by those of any congressional, legislative, or judicial dis trict. and transmit a copy thereof by mail to the county clerk of each county. 2. Ppon receipt of such proclamation said county clerk shall, within ten (10) days Thereafter, make and publish a notice of such primary in manner and form suhstnu tiallv as now provided by law for notices of November election, and all persons to whom said notices ma be by said county clerk delivered, shall post and publish the same in the same manner as the notices for general election. •*■». In ease of city elections the city clerk shall post such notice at the regular polling place in each precinct, such post in to la* not more than twenty _0) and not less than ten (. > days before such pri mary election. Section 5. Nom.nation Papers—IIow pre pared and signed. 1. The name of no candidate shall be printed upon an official primary ballot un less at least thirty CJ(. days prior to such ,primary, either he or twentv-five qualified electors of the partv with which said can didate attilhrtes. shall have filed a written application with the nroper authority in substantially the following form: I (or we) ‘the undersigned, qualified elector (or quail tied electors) of precinct (or dnrd) of county, (or city) in the state of Nebraska affiliating with the party and residing at-hereby re- 1 quest ihat my (or the name or —-) 1 name be placed upon the official primary ballot of the said parry for tin* primary , election to ho i old *>n the - da v of In— mis a candidate for the office of-- 1 and I pledge nnself to abide by tin* results of said primal v election and qualify if oleetod. In case a nomination shall be ' made by elect* ' ; other than the ••andldnte. said nominee shall within five da vs after , the date, said certiticat shall be filed with the ofiieoi s. a statement In writing *Uilv vilified unde" oath stating that he nfFilites , 'vita tin* eirt named in said certifies,to. '■ that he ill.nl id b»- the lesidts of s.rd pH- 1 r.in;\\ aud .(circled will qualify and ,‘eiye as j siic’i *.:i! :■* .• : said sta.tcnient shall bo- tV.Yd W.: bin Hr d t\s the name of i In* 1 ami-*!:i’e ^ mi :ir* petition shall not be! K *'t Pi s a . sh.'! >••• : -h an assemblage or o|'!*glii 'a; ,.,u of • i«; s Jls (s I,y l . J.nv ^ i •!. AI the bep: .•::»!'or p;imar.v In IPOS, j m (mu . every four .um:s th« .e:fter, tlic’e shall ' I * * v * t 'r • , v , l>o nominated by ouch political par ty one candidate for president in elector in each of the emigres slonal districts within ihc state, an* two candidates for presidential electors «1 large. Candidates for presidential elector* shall tile nomination j a pels as roquiiou oi candidates for nomination for state offices Section t>. Nomination Tapers. When Filed. All nomination papers shall be tiled as follows: 1. For officers elective in more than one county, In the office of the secretary ol state. 2. For officers • to be voted for wholly within one comity, except city officers, in the office of the county clerk of such couu ty. For city officers, in the office of the city clerk. Section 7. Posting of Names of Candi dates. At least twenty-five (25) days before any primary preceding a general election, tin* secretary of state shall transmit tc each county clerk a certified list containing the name and postoffiee address of each person for whom nomination papers have been tiled in Ills office, and entitled tc he voted for at such primary, together with a designation of the office for which he is a candidate, and the party or principle he represents. Such clerk shall forwlth, up on receipt thereof, make public under the proper party designation, the title of each office, the names and addresses of all pel sons for whom nomination papers have boon filed, the date of the primary, the hours during which tire polls will be opened, and that the primary will be held at tho regu lar polling place in each precinct. Such clerk shall cause copies of tin* same to lie posted In at least one public place in each precinct in his county, designating therein the location of the polling booth in each election precinct. Section 8. Triinary Election Ballots. The method of voting at such primary election shall be by ballot, and all ballots voted shall be printed as herein provided. On the fourteenth day before the primary election the county clerk, or city clerk in the case of city election, shall group the candidates for each party by themselves, including those candidates certified to him by the secretary of state, and shall prepare at once, in writing, a separate ballot for each party for public inspection, which he shall post in a conspicuous place in Ills office, these ballots to be prepared In the follow ing manner: The official primary ballot j shall be printed and provided for substan ! tially as is required by luw for official 1 ballots used at November elections, pro vided, however, that a separate ballot shall be prepared for each political party entitled to participate in said primary, and provided further that said ballots shall all be uni form in slzo. color and quality of paper, and in arrangement and st.vle of printing. Section 9. The names of the canaiuates for each office shall be arranged upon the ballot alphabetically according to surnames and under appropriate headings designat ing each official position, provided, how ever. this.section shall not apply to primary elections held in counties having more than one hundred and twenty thousand inhabi tants. There shall be no printing on the back of the ballots, or any mark to distin guish them but the signature of the judge or clerk. Section 10. Notice and Place of Primary Elections. The primary election shall be held in each election district at the place where the last election was held, or such other place as may be lawfully designated for the polling place for the election dis trict. and shall be held at the place where registration of voters occurs for the elec tion next ensuing In cities where registra tion is required Section 11. Expenses of Primary, How Paid. All ballots, blanks and other sup plies to be used at any primary, and all ex penses necessarily Incurred In the prepara tion for or conducting such primary, shall be paid out of the treasury of the city or county, as the case may be. In the same manner, with Ime effect, and by the same officers as in the case of elections. Section 12. Prior to the tiling of such petition, and for the purpose of helping to defray the expenses of such primary there shall be paid to the county treas urer for the use of the general fund, of the county of the candidate’s residence, * v or on behalf of each candidate, a tiling fee as follows: For the office of United States sena tor .$50.00 For state officers, members of con gress and judges of the district court . 10.00 For county, legislative and city of ficers . 5.00 No nominating paper shall be filed until the proper county treasurer’s receipt show ing the payment of such filing fee shall be presented to the officer with whom such nominating paper is to be filed. No filing fee shall be required from can didates for regents of the state university or presidential electors. Section IS. Polls, When Open. 1. At the primary elections held under this net for the November election in cities where registration is required, the polls shall be opened at eight (8) o’clock a. m.. and closed at (9) o’clock In the evening. In all other places and at primary elections at all other times when a primary election is held, polls shall be opened at twelve (12) o’clock m., and remain open until nine (9) o’clock in the evening. Put If the judges and clerks shall not attend at the hour of opening, or If it shall be necesstry for the electors present to appoint judges or clerks, or any of them, the polls may then be opened at any time before the time for closing them shall arrive, as the case may require. 2. If at the hour of closing there are any electors in the polling place or in line at the door, desiring to vote, and who are qualified to register and participate therein, and have not been able to do so since ap pealing at the polling place, said polls shall be kept open reasonably long enough after the hour for closing to allow those present a that hour to register and vote. No one shall ho entitled to register aiul vote be cause the polls may not actually be closed when he arrives. Section 14. The county board shall pro vide a sufficient number of ballot boxes with a sufficient number of locks and keys, at the expense of the county, for the sev eral precincts or districts within which the primary election is to be held. Section 15. That section 5610. 5017, and 5618 of Cobbey's Annotated Statutes of Ne braska. for the year 11K).’{. are hereby made applicable to primary elections held under this act. All primaries shall be presided over by the same judges and clerks of elections now provided by law to preside over gen eral elections during the time for which they were so appointed, and said judges and clerks shall receive for their services at such primary, the same compensation as is prescribed by law for judges and clerks of November elections. Section 10. The ballots cast at any pri mary election shall be counted and the re sults returned to the county clerk In man ner and form provided by law relating to general elections. Section 17. Any qualified elector desiring to vote at any primary election held under the provisions of »..,s act shall be entitled to participate In such primary election upon presenting himself at the polling place where lie is entitled to vote; but he shall not lie entitled to receive a primary ballot, or be entitled to vote at such primary elections, until lie shall have first stated to the judges of said primary election what political party in* affiliates with. Section 18. In cities where registration is by law required, no voter shall receive a primary ballot or be entitled to vote, un til lie shall have first been duly registered as a voter in the manner provided by law, provided that in cities where registration is by law required, no elector shall be per mitted to vote unless he lie a first voter, or shall have moved Into the precinct since the last preceding day of registration. For the purpose of providing a system of regis tration of party affiliation, ii shall be the duty of the mayor and city council of each city wherein registration is required, to provide iu the registration books used for the purpose of registering persons who are qualified to vote at the next general elec tion. space for the registration of all per sons who may desire to participate in any primary election. Such space shall be pro vided in said registration books immediate ly following the last perpendicular ruled column in such books and shall be headed ns follows; “Party Affiliation.” It shall be the duty of the supervisors of such reg ular registrations to ask each person who apnlb s to be registered tie question: What political party do you desire to affiliate | with? A ml the names or U.i* political par i ty given by such elector so applying to be : registered. shall be recorded In the eolumn provided In such registration books fot that purpose. In case any party applving does not desire to state his party nffilin tion. he shall not be required to do so not shall his falluie to do so act as a bar to Ills registration for the purpose of voting at any election other than a primary dcctlon. but shall d' bar him from voting at any primary election, if the right of • h per I son to vote be not challenged, one of the | judges of said primary election sued then hand him a ballot of the political party j with which he affiliates, which said ballot ; shall be endorsed with the signature of two j of the judges upon the buck at the bot tom edge. Section lb. Vhnllenging Voters. 1. If th«‘ right of such person to vote be challenged, one of the judges of said election shall then propound to Hitch person the questions provided for in section —S of Vobbey's \niiotntbd Statutes of Ne braska for the year required by said section to be propounded to a voter at a general election when challenged, at id In addition thereto the judge shall propound the following questions: 1 What political party do you affiliate with? 2. I>o you Intend to support the candi dates of such political party, or majority of them, at the next election? 2. If the challenge be not then deter mined In favor of such person by the judges of said primary election and be not withdrawn, he shall not be allowed to vote until he shall have taken the following oath: “You do solemnly swear (or affirm) that you are a citizen of the United States tor have declared your intention to become such), that you have been an inhabitant of the state of Nebraska for the last six months, and of the county of for me last forty days, and of this precinct for the last ten days; that you have attain e the age of twenty-one years, to the best of your Knowledge; that politically you af filiate with the-party, and that you Intend to support the candidates of said party at the coming election. b. It shall bo the duty of the clerks of said primary election to write at the end of such person’s name, “sworn.” Said voter shall then he allowed to vote the ticket of the party which he affiliates with. A judge of such primary election shall instruct the voter that he is to vote for his choice for each office, using only the ballot of the party with which lie affiliates, and that he must return the ballot with the edges folded upon which arc the sig nature of the judges uppermost. Section 20. Upon any person entitled to vote at any primary election stating the mi me tir me pmiucni party wun which nr affiliates, the clerks of said primary election shall thereupon, after the name of the per son voting, write the name of such political party In the column of the poll book pre pared for that purpose. Sec. 21. The city clerk of each city where in a registration of voters is required by law. shall immediately after each registra tion day, compile an alphabetical list of the voters of each of the political parties In each precinct In such city, and within five days after each day of registration he shall furnish to the chairman or secretary of each political committee of his city and county, a certified copy of such lists, and also keep the same aocossable to the pub lic inspection. He shall also, on the day of tin* primary, furnish to the officers of the primary election in each i eelnct, a certified copy of such list for the purpose of determining whether or not any person who desires to vote at such primary was registered at the hist registration as affili ating with the party the ballot of which he desires to vote at such primary. When the elector has prepared his bal lot he shall fold the same with the edges upon which are the signatures, judges up permost, and so fold as to conceal the face thereof and all marks thereon, and hand the same to the judge of the primary election who Is in charge of the ballot box. Section 22. Challenges. The party com mittee of each party may appoint In writ ing. one party agent or representative, with an alternate for each, who shall act as challengers for their respective parties or elements therein. The right of any person to vote at any primary may be challenged upon the same ground, and his right to vote be determined In the same manner, as at an election. Section 2fi. Canvass of Votes. 1. Canvass of votes east shall, except ns herein otherwise provided, he made In tne same manner and by tlie same officers as the canvass of an election. The party committeeman of the precinct In a pre cinct canvass, the chairman or secretary of the county committee in a county canvass, and of the state committee in a state can vass. or some duly appointed agent to rep resent each party, shall be allowed to be present and observe the proceedings. 2. The county canvass of the returns of autumn primary shall be made by the sap1** officers in the same manner pro vided by law for the canvass of the re turns of general election. The canvassers shall meet at ten o’clock on the Friday following the September primary and can vass such returns. Their returns shall con tain the whole number of votes for each candidate of each political party, and a duplicate as to each political party shall bo delivered to the county chairman of such party. 3- The canvassers shall also make an additional duplicate return in the same form as provided In subdivision 2. show ing the votes oast for each candidate and voted for wholly within the limits of the county. The county clerk shall send to the secretary of state by registered mall, one complete copy of all returns as to such candidates, and he shall likewise send to the chairman of the State Central Com mittee of each party, » duplicate copy of the returns last described relating to such candidates of each such party Section 24. State Board of Canvassers, How Constituted and Governed. The board of canvassers provided for by law, to canvass returns of a general election, shall constitute the state hoard of canvass ers of September primaries, and all the provisions of law relating to the canvass of the return of a general election, shall, as far as applicable, apply to the canvass, return and certification to the Secretary of state of such primary. Such board shall meet at the office of the Secretary of State at ten o clock a. m.. on the second Tucs u«iv succeeding the September primary M °n 25. Party Candidates. 1. I lie nerson reiwUi-ifi.. b‘T votes ut n primary as the candidate "f ,a p"i't.', for ail office, shall la- tile can 'liilatc of that party for such office, and his liiiuie as such candidate, shall lie placed tlon 10 0fflC° at the following elee As soon ns the state canvass of n pri mary shall lie eertilled to him. the Secre tary of State shall make a eertilled state ".Vn'u i“f. ,h » ''es,llt "f such primary as to ■indidates for state officers and liieinliers wi,eoeI1a'tefii' .n(her candidates whose district extends lieyond tile limits el a single county, and shall mall to the < liairnian nf Hie State Central Committee ol eaeli party so much of such certlfl hs relates to his party. Not loss than fourteen'dnvs licforc anv November election the Secretary of state shall certify to the county clerk of each vnt1 ? " "'1?1<'h «f the electors 1 ; ■' voJ{ fnr the candidates for such otllees, the name and description of each person nominated for any such office as sped tied in Hie nomination papers Sect Ion 28. City Hoard of Canvassers Quotum: Meetings. When Held. The canvass of the returns of the eltv prlmury shiil1 he tniide by the mayor, the , i . ,m, fll° treasurer of such eltv. mid two of whom shall eonstltute a ouor liT'clevln ’"P"! ",r <'anvassers shall meet ,H eleven o clock In the forenoon of the ™,v»«d1l, following the city primary and ■inv .iss the vote suhstantially as provid ed In sections 22-22-24 of this net. They shall make and certify duplicate return's r. vwtth , V>; ?K ,'as", f"'’ tin- candid,-ites mid foivvilh eeltifv and file one complete re turn with the eltv Clerk. Whenever ,, cm, dldnte for any office under tile primary law di‘sircs :i re count of the yotos hewimii within three days after the eanva.^„g ho,ml has completed its count, tile with the eanvassing hoard an affidavit requesting ila';1 apuf'Ttli Ills vasons for request 'In i '?. “I!1"’- 11,1 shall also state In said dalesV \v 1,r!s° na!'"‘s "f fl"- "(her ean.ll d.ltls whose votes lie desires recounted pen tiling such affidavit the eanvassing hoard shall, within one day thereafter' proceed to recount the votes for the can nii'd * Hi in"1"'!1 in thr ‘"Ihlavlt or affidavits iiiiMi in tin* above inannor. H'-ovIded that no eandh.ate shall ho on Hed to a recount of the votes, hr such eanvassing hoard east for anv candidate wlc-ii t appears to such canvassing board tint the vote for such candidate Is suHi eh-iiHv large that Hie recount of the same would not result In the nomination of the* affiant. Provided further that this provision does not apply to the rights of the affiant In 'Sopking a recount In Tourt. Section -7. \ ucaucics occuriny nnon any | pnrtr ticket after the holding of our prl ruary uliuM he filled l».v n majority tote of the city, county, district or state, a* the ! ease may be. am! n certificate of sueh tioni • lnntlon Khali he tiled as required by Sec tion ’>77 b of Cobhey'a Annotated Statu tes. p.xi.'b S',‘,tb*!i IIS. Party Committees. At two o'clock p. in. on the second Saturday sue reeding the general primary In 1!M»7. and annually thereafter at sueh hour and day. the nominees of the respective parties I for countv officers In each county, shall J meet at the office of the secret a r> of the l county couimlttco of their respective par | ties, and shall elect a county central com | mittee. composed of* not less than otic mem her for each election precinct In the coun ty. Such committee shall serve until their successors are chosen In like manner piv , eroding the next general election for such otlh es. Section 2b. Congressional and Judicial Committees. The candidates of the respective parties for the office of Judge of the District Court and Member of Congress, shall have the right to appoint a chairman, secretary and treasurer and campaign committee for such judicial and congressional district re spectively. «>f not loss than one member for each county In the district. If there shall be more than one Judge to be elected In an\ district, all the candidates of each respective party shall be cut.tied to par tlclpnte In the election of t.»e officers and committee of the party of which they are nominees, and for that purpose It sluill be the duty of the chairman of the Judicial committee of each party to llx the time ami place of meeting of the candidates of Ids party to select such committee and to notify the candidates there of. In ample time to attend sueh meeting to be held not earlier than the second Saturday next succeeding the primary election at which they were chosen. Sueh committee shall serve until their successors are chosen In like manner pie feeding e next general election or such office. Section 30. Kach committee sha'l have the power to elect a chairman, vice-chair man, secretary and treasurer, and each sueh committee and Its officers shall have tine power usually exercised by sueh com mittees, and by the officers thereof, in so far as Is consistent with tlds act. The various officers and committees now In exixienoc snail exercise me power mm per form the duties herein prescribed until their successors an* chosen In accordance with tills act. At all meetings of such city and county committees. each member thereof shall have one vote only. The dut ies of tin- secretary or chairman of any committee may be performed by members of such committee selected by them. Any vacancy in any committee office shall he tllb'd in the same manner as that In which such officer was originally chosen. Section 31. The first Saturday after tin* primary election the nominees for county offices shall meet at the county seat of the respective counties In this state, and by a majority vote thereof select one com mitteeman from each township or precinct In said count and within one week there after said committeemen so selected shall meet and elect a chairman of the (Vanity Central Committee of his respective party and at said time shall elect one delegate who shall meet with like delegates chosen In the same way from each county In tin* state at the \ apltol at 12 o’clock in. oil the fourth Tuesday in September. UNIT, and an nually thereafter on the fourth Tuesday of September; and said. del egates shall forwlth formulate the State platform of their party and select a state Central Committee composed of one mem ber for each senator elected from sen atorial district, and said committee so elected, shall select its chairman and sec retary. The platform of each party shall be framed at such time and shall be made public not Inter than (1 o’clock In the after noon on the following day. Section 32. Miscellaneous Provisions. 1. In case of a tie vote, the tie shall forewith he determined by lot of the can vassers. Authority and jurisdiction are hereby vested In the county court and In the judges thereof In vacation, to hoar and determine primary election contests, as to county, city or precinct offices. When any petition to contest a primary election shall be filed in the office of the clerk of the county court within twenty-four hours after the board of canvassers lias made Its return, said petition shall forwlth be pre sented to the judge thereof, who shall note ther *on the day of presentation, and shall note thereon the day when he will hear the same, which shall not he more than five days thereafter, and shall order issuance of summons to each defendant warned In tuc petition. 2. Summons shall forwlth Issue to each defendant named in the petition and : had be served In the same manner as Is pro- j vided in eases In chancery. The ease may be heard and determined by the county court , In term time, or by the judge .hereof In vacation, at any time not less than two days after service of process, and shall have preference In the order of hearing to all other eases. The petitioner shull give security for all costs. 3. If In the opinion of the court In which the petition Is filed, the grounds for contest alleged are insufficient In law, tin* petition shall he dismissed. If the grounds alleged In the petition are sufficient, the court shall proceed In a summary manner, and may hear evlderce, examine the re turns, recount the ballots, and make such orders and enter such Judgments as jus tice may require. The court shall hear ana determine the ease within two weeks of the filing of the petition. Immediately ; upon rendering judgment In any such con test, it shall be the duty of the county i judge to at once certify the Judgment to ; the county clerk, who shall cause to he P’lnted on the official ballots the name or names of those whom such county court shall have so decided to have been nomi nated at such primary, an . any appeal tak en from such judgment o* the county court shall not act s a supersedns to prevent the county clerk from so doing. Section 33. It shall be the duty of the Secretary of State and Attorney General, on or before July 1st, 1!N>7, to prepare all forms necessary to carry out the provis ions of this act. which forms shall be sub stantially followed In all i rlmarles held in pursuance hereof. Such forms shall be printed with copies of this act for pub lic use and distribution. • .1111111 • >-*. |ivinnii niuurii i" nt a primary election shall, on the day of such election, he entitled to absent him self from any service or employment in which he then engaged or employed, for a period of two hours between the time of opening and closing the polls, and such voter shall not, because of so absenting himself, he liable to anv penalty nor shall any deduction he made, on account of such absence, from his usual salary or wages: provided, however, that applica tion for such leave of absence shall be made prior to the day of the primary. The employer may specif v the hours during the day when tin? employee may absent himself. Section 3f». At the general primary flection next proceeding any general elec tion nt which any constitutional amend ment shall by law he required to be sub mitted to the electors of the state. It shall be the dutv of tin* Secretary of State at the same time that lie shall certify the names of candidates for state officers to the county clerks likewise to certify to such county clerks any such amendment or amendments to lie submitted at the gen eral election, and it shall lie tin* duty of the county clerks to cause to be printed in tin* primary election ballot - of all poll,leal parties the Question of such constitutional amendments in the same manner and form as they are required to la* printed on the official general election ballots and cadi ( lector may declare himself in favor of or against any such ammendments me same as at such general election. The election boards in the various precincts shall make returns of the number of votes in favor of and aga.nst any such amendment to the county clerk and at the same time and in the same manner as upon candi dates for nomination, and such returns shall be canvassed y the county canvass ing boards with other returns, and county clerks shall make returns to tin* Seerc tar- of State of the votes upon such amendments with the other returns of this act. Such returns s .all b« canvassed by the state canvassing hoard, and if a ma jority of the electors of any party voting noon such amendments shall declan* in favor of or against any such amendment, such declaration shall lx* considered as a portion of tin* ticket of such unity and shall be so certified by him to tin* various county clerks. . eetlon 3(1. Delegates to national con ventions of the various political parties shall be selected at a state or state and congressional conventions composed of del (•gates chosen in such manner as mav be do ermlned by tin* state committees of each respective party: Provided that the uc.cgntes to such state or state and con gressional conventions shall he apportioned b.v such committees to tin* several counties j upon the vote cast at the last election for electors for present and vice-president In 1 ffcte respective counties: ntul. provided far ther, tlmf each county shall he entitled f« at least one delegate in such convention or conventions. Section :?7. Penal Provisions. t. If shall he unlawful for nnv person to falslv personate and vote under the name <*f nnv other person or Intentionally vote without the right to do so: to wilfully or wrongfully obstruct or prevent others from voting who have tin* right to f conducting elections, of counting the ballots and making returns thereof, and all other kindred subjects, except con tests, shall apply to all primaries Insofar as they are consistent with this act, tin* Intent of this act being to place the pri mary under the regulation and protection of the laws now In force as to elections. Section ,'iP. All nominations for candi dates of any political party for office to he tilled at a special election or any other office to be tilled by the electors, excepted from the provisions of this act, shaft be nominated by a convention or committee of their political party which nomination shall be in writing, shall contain the name of the office for which each person was nom inated. the name and residence of each person, and If in a cltv. the street num ber of residence, and place of business. If any, and shall designate in not more than five words, the party which said convention or committee represents. It shall bo sign ed by a presiding officer and the secretary of such convention or committee, who shall add to their signatures their respective places of business and take an oath before a qualified officer to administer the same, that the affiants were such officers at such convention or committee, and that said cer tificate, and the statements therein con tained, are true to the best of their knowl edge and belief. Such certificate of nomi nation of candidates for office to be tilled by the voters of the entire state, or any division or district greater than a county, Including candidates for congress or any pnrtj action taken relative to any proposed constitutional amendment, shall be filed with the secretary of state, except as In this act otherwise provided. Such certifi cate of nomination for all county, district, township, or precinct offices, including members of both branches of the legisla ture. shall he filed with the county clerk of the respective counties wherein the offi cers are to be elected, and In case the legislative districts from which the candi date Is to be elected embraces more than one county, then in that ease, the certifi cate shall be filed with the county clerk of each county Included in such district; cer tificates for nomination of the Judge of the district court shall be filed with the secre tary of state; certificates for nomination of municipal officers shall be filed with the clerk of such municipal corporation wherein the officers are to be elected. It Is the inention that the manner provid ed In this section for the nomination of of ficers named herein, by a convention or committee, shall apply only where such officers are to be chosen at a special elec tion, township or precinct officers to be elected at u general election or village of ficers or members of school hoards not members of hoards of education. Section 40. When nominations are made by a convention or committee, as provided for in section .‘IP of this act, the certificates of nomination to he filed with the >■rv °» Htnte, shall he nled not less than twen tv live days before the day fixed by law fee the election of the persons In nomina tion. and the certificates of nomination herein directed to be filed with the county clerk shall be tiled not less than twenty days before election, and the certificates of nomination herein directed to be tiled with the municipal clerk shall be filed not less than fifteen days before election. Certifi cates of nomination for a new party may be tiled with the secretary of state or the county or municipal clerk, twenty five or twenty or fifteen days before the election, us^ tin* case may require. Section 41. Whenever any person nomi nated for public office, as In this act pro vided. shall at least fifteen days before election, notify the officers with whom the original certificate of nomination was filed, or If nominated at a primary election, as In tills act provided, and the office for which he was nominated was an office to be voted fin more than one county, tin1 secretary of State, and if to be voted for in one county alone, the county clerk of the coun ty where such office Is to lie voted, or If a municipal office, the clerk of the city or vll lage, by a statement In writing by him and duly acknowledged, that he declines such nomination, the same shall be void, and his name shall not be printed upon the ballots, but no such declination shall be received after the time above specified. The officer to whom such notification is given shall forthwith Inform by mail or otherwise, one or more persons whose names are attached to the original certificate of nomination (provided he was nominated by a conven tion or committee), or If nominated at a pri mary election, as provided for in this act, the chairman or secretary of the campaign or party committee of Ids political party, if there be one, and If not. at least three (.'{) of the prominent members of his polit ical party In this state, that he has de clined such nomination, by mailing or deliv ering to them personally, notice of such fact, and the.lays shall be given such party committee or convention to nominate a person to fill such vacancy. Section 42. All certificate's of nomina tion or nomination statements, which are in apparent conformity with the provisions of this act. shall be deemed to la- valid unless objections thereto shall be dulv made in writing within thee IS) davs after the filing of the same. In case such ob jection Is made, notice thereof shall forth with be mailed to all candidates who muv lie affected thereby, addressed to them at their respective places of residence as given in the certificate of nomination or in the nomination affidavits of such persons on tile in that office. Objections to the use of party name may also lie made and passed upon in the same manner as objections to certificates and nomination statements The officers with whom the original certificate was filed, or whom made an affidavit to the original nominating statement, shall In the first Instance, pass upon the validity of such objection, and fils decision shall be final, unless au order shall be made lu the nutfter f»r * county court, or by a fudge of (he district court, or bv a justice of tb« supreme court at chambers, on or before the second Wednesday preceding the elec tIon. Suefi order may be made summarily upon application of any party Interested, and upon such notice as the court or Judge may require. The decision of the secre tary of state, or the order of the judge or supreme court Justice rovlslng such deci sion. shall be binding on all other county, municipal or other officers with whom cer tificates of nomination are filed. Section 43. In cose of a division of any party, tin* secretary of state shall give the preference of party name to the convention held ut the time and place designated in the call of the regularly constituted party authorities, and If the other faction or fac tions shall present rro other party name, the secretary of state shall select name or title and place the same on the ballots before the list of candidates of said fac tion. I’he action of the preceding national convention of such party, regularly called, shall determine the action of the secretary of state or the court In Its decision. The secretary of state may be compelled by peremptory order of mandamus proceedings, to perform his duty In this regard. Section 44. Xo person shall be entitled to or allowed to file a nomination certifi cate as provided for In this net, or to have Ids name placed upon n primary election ballot for any primary election to be held, unless the political party which he stntei In said affidavit he affiliates with, polled at the last election before the primary election to be held, at least one per cent of the entire vote In the state, county ot subdivision or district for which he seek* the nomination feir office In. Section 45. 1. Electors may form a new party. They shall not adopt the.name of any old political party or any word form ing a part of such name. In order to form a new party there shall be present at a mass convention electors to the number of a‘ least five hundred (f>00) In a state con* ventlon, one hundred (100) In a emigres* slonal district or county convention, or twenty-five (25) In any precinct, eltv. village or ward convention, except Id cities or counties having a population oi fifty thousand (50,000) or more, at least tw« hundred (200) shall be required to partlcl pate. •* ...... II _ _ Ti'imo mi'l electors ut least to the ntimhet respectively almve mentloneil. mu] elector! Io at least the number specified shall sign an agreement to form such new party anil support Its nominees at the next election, and upon filing such written agreement with the secretary of state, county, city ol village clerk, ns the ense mny he. toge'thet with an affidavit of some qualified eleetoi thnt he saw all of tin* persons whose name* are signed to such agreement subscribe th* same anil he verily believes them all to h« qualified electors. Such new party shall lit entitled to have a separate party ballot a! the next primary election held thereafter, provided that Its candidates for nomlnatioo shall he required to file nomination paper* signed by at least fifty percent of thos* who subscribed the agreement to form suck new party. When the name of the candi date appears on a petition presented liv a political party or members thereof with 'tin required number of signers anil II Is ex pressly stated In said petition that the can illdate Is a candidate of two or more put ties. each of which shall ho entitled t» nominate a candidate, then It shall he th* duty of the ortleer making up the lmHot to plnee the name of such enndldate o: candidates upon the ballot In tin- sain* manner as now provided for In the general election low for ballots nt the general elec tlon. Section 40. The secretary of state shap cause to he preserved In Ids office for th! period of one III year a copy of all noml anting statements and certificates of nom Illation filed therein under the provisions of Ibis net. and each county and iminlelpa clerk shall cause to he preserved In hh office for the period of two (2) years, al nominating statements and certificates ol nomination filed therein under the provl slnns of this net. All such nominating statements and certificates shall, at all rea sonable hours, lie open to public inspec tion. Section 47. Thnt sections 5714. 5715. 571(1 5717 . 5718. 571(1, 5720, 5721, 5722, 5800, 5801, 5SO-J, 5803, 5804, 5800, 5807, 5808. 5800, 5810, 5811, 5707. 5708. 5770, 5771. 5772. 5773. 5774, 5775. 5770, of Cobbey's Annotated Statutes of Nebraska, of the year 1!KI3. 5811al to 58l1hl Cobbey's Supplement for the venr 1005, as the same now exists, and all acts or parts of nets In conflict with the provi sions of this net, be and the same area hereby repealed. WEDDING OF INDIAN COUPLE. Member of Wlehlta Tribe Take* Multlen of Tonkawas for Drlde. Friday afternoon ut 3 o'clock, ut the Toukawa agency, the Bev. Dr. Snook of the Presbyterian Church said tha magic words that made the pretty little Indian maiden, Anna, the squaw of Blackbird, says the Tonkawa (I. T.) News. The ceremony wus performed in the presence of Agent Brewer and fam ily, n few invited guests aud n number of the members of the Tonkuwa tribe,, some of whom had their faces painted in yellow aud red in honor of the occa The ceremony was extremely short, consisting of the usual Interrogative,, followed by a short prayer. When Blackbird was asked: “Do you take this woman to be your lawfully wedded wife?” he hung his head, smiled a sick ly grin and gave a guttural assent, When the question, with the proper change, was put to the bride she stood on one foot and scratched her shin with the other, hut made no reply. I’eter Dupree translated the question Into the language of the tribe, and she said something which sounded very much like “Uhhuh.” He then turned to thi minister and Indicated that she nssent (Hi, and tlie two were made one with out further ceremony. After congratulations several gospel hymns were sung by the palefaces. The bride and bridegroom were then told that they could go if they wished, and the red-skinned benedict grabbed his hat and started down the road, leav ing his squaw to follow if stie chose Mrs. Blackbird is quite nil heiress having two good quarters of Kay Coun ty land. Mr. Blackbird is a Wichita and came here a few weeks ago with several members of his tribe to pay s visit to the Tonkawas. He became In fatuated with little Anna, who is about 17 years old, and sought her hand lit marriage. Agent Brewer requires ah the Indians under his charge to marry according to the laws of the country but further than that he does not intei fere with their matchmaking. The Dispassionate View. “Isn’t it appalling,” said the new boarder, “to read the daily list of awful crimes that are committed in this town?” “On the contrary,” answered the philo sophical hoarder, “I find it singularly fas cinating. 1 have a theory that crimes come in waves. One week there will be nothing but holdups. The next week, per haps, you will read of a series of embez zlements. Then comes a season of confi dence games and pocket picking. Just 'tow, of course, there is a murder wave. [ won a dollar and a half not long ago bv making a hot that there would be three horrible murders in succession, inside of ten days. And so it goes. If you watch these tilings from a calm, methodical point of view, you will lie surprised to see how accurately you can theorize, and even fore cast, as to the recurring epidemics of crime, each in its turn.”—Chicago Trib une.