Nebraska Newspapers

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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 <Jo ho.
at such primary election: fraudulently or
wrongfully deposit fn the ballot box. or
tatvt* therefrom, any official j rltnary ballot,
or commit any other fraud or wrong tend
lug to defeat the result o£ a primary elec
tion: give or arnce to give to any qualified
voter at nnv primary election held no
dor tin* provisions of this net. any money
or valuable thing as a consideration for
his vote for any person' to In* voted for
at said primary election; accept or receive
any valuable thing as a consideration for
his vote for any person to be vot,ed lor
at said primary election: offer to accept
and receive, or accent and receive, any
monev or valuable thing in eonsldratlon of
Ills tiling or agreeing to tile, or not filing
or agreeing not to tile, nomination papers
for himself as a candidate for nomination
at any primary election; offer to accept or
receive any money or accept or receive
money or any valuable thing In considera
tion of li’s withdrawing his name as a can
didate or nomination at such pri
mary election. Any person who
shall offer, or with knowledge of the same,
permit nnv person to offer for his bene
fit any bribe to a voter to induce him to
sign any election or nomination paper, or
any person who shall accept any sucit hr!ho
or promise of gain of nnv kind In the na
ture of a bribe as a consideration for sign
ing the same, whether such brine or prom
ise of gain In the nature or a bribe be
offered or accepted before or after such
signing, or any person who shall sign more
nomination petitions than there are posi
tions to fill in any kind of offices shall
be guiltv of a misdemeanor. Any person
committing any of the acts herein declared
unlawful shall be deemed guilty of a mis
demeanor and upon conviction therefore be
punished by imprisonment In tin* county
jail not less than one nor more than six
months.
i Any act declared nn offense by the
I general laws of this state concerning ran
ouses and elections shall also In like case,
be an offense In all primaries, ami shall 1m*
punished in the same form and manner as
thev.ffn provided, and all the penalties nml
pv visions of the law as to such caucuses
and .‘lections, except as otherwise provided,
shall apply In such ease with equal force,
and to the same extent ns though fully
Any person who shall forge anv nom
Inatlon paper shall he deemed guilty of
forgery, and on conviction punished ac
cordingly. Any person who. being in pos
session of nomination papers entitled to he
tiled under this act. or any act of the leg
islature, shall wrongfully either suppress,
neglect, or willfully fail to cause to he
tiled at the proper time In the proper office,,
shall, on conviction, he punished by Im
prisonment In tin* county jail not to exceed
six months, or by a tine not to exceed five
hundred dollars or both such tine
and Imprisonment In the discretion of the
court.
Section ;ts. General Election Laws to
Apply. The provisions of the statutes now
In force In relation to tin* holding of (.lec
tions, tin* solodtation of voters at the
polls, the challenging of voters, the man
tier «>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.