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About Valentine Democrat. (Valentine, Neb.) 1900-1930 | View Entire Issue (May 23, 1907)
if THE PRIMARY ELECTION LAW I Koll No , 405 Passed by the Last Legislature . . . . . . . & / viJ tt\ j * * A. A xN A. - A An Act entitled : "An Act to provide for primary elections and to regulate the same : d provide for the nomination of certain candidates for certain offices at such prl- taary elections ; to provide for the election of state and county committees of the several political parties ; to permit electors to express their choice for United States senator and upon proposed constitutional .amendments : to provide penalties for violations lations of the provisions of this act. to Amend section 570 ! ) of Cobbey's Annotated Statutes of Nebraska for 1003 , and to re- 6808 , 5804. uSOO. . " 807 , .r)808 , . " 800 , 5810 , 5811. 5707. 5708 , 5770 , . " 771 , 4 > 772 , 5773. 5774 , 5775. 5770 , of Cobbey's An- mocated Statutes of Nebraska , 5811al to BSllhl Cobbey's Supplement for the year 1905 , as the same now exist , and all acts or parts of acts In conflict with the provi sions of this act. B Enacted by the Legislature of the Sta e of Nebraska : * Section 1. Definition and Construction. 'The words and phrases In this act shall. unless the same be Inconsistent with the -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 -election as dlstlngulbhed from a primary -election. 3. The words "November election ; " the 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. C. The word "district , " a subdivision of the state or a county or city or village in -which all the electors arc entitled to par- ticlpate in the election of any one or more -candidates for office , to be elected by votes r f electors In such subdivision exclusively. This statute shall be liberally construed o that the real will of the electors may -not be defeated by an Informality or fail- cre to comply with all provisions of law In respect to either the giving of any notice ror the conducting of the primary or certi fying the results thereof. 1 Section 2. Candidates. How Nominated. Hereafter all candidates for elective of- -ficcs , except those expressly exempted from -the provisions of this act , shall be noml- bated : 1. By a primary held in accordance with -this act ; 2. By nomination papers signed and filed ias provided by statute. 3. This act shall not apply to special -elections to fill vacancies , nor to municipal -elections In cities having less than 23.000 -population , village , township and school district officers , nor to members of school boards nor members of boards of educa tion. Section 2a. That section 5709 of Cobbey's Annotated Statutes of Nebraska for IfXtt- "be amended to read as follows : "Section 3 > 769. Candidates for public office may be 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 be filled stating the name , resi dence , business and postoffice address of the candidate , shall be signed by electors residing In the district or political division In which the officers are to be elected and -filed with the clerk of the village , city or Jcounty or with the secretary of state as the nse may be. The number of signatures * Euall not be less than one thousand when the nomination Is for an office to be filled t > y the electors of an entire state , and not less than two hundred when the nomination -Is for an office to be 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 be filled Jay 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 the nomination Is for an office to be filled by the electors of a county , city , township , precinct , village or ward , and that the sig natures need not all be appended to one paper , provided further than candidates pominptcd under the provisions of this > ectlon. shall be termed "Candidates by Petition" and upon the ballot upon which -their names are printed , shall be printed af- -tcr such names the words "By Petition. " Each elector signing a certificate shall add -to his signature his place of business , his residence , and addres" Certificates of -nomination for all county , district or pre- clnct offices including members of both 'branches of the legislature , shall be filed with the county clerk of the respective -counties wherein the officers are to be elected , and In case the legislative districts -from which such candidate Is to be elected embraces more than one county , then In "th.it case the certificate shall be filed with the county clerk of each county included In 'Bnch district. Certificates for nomination -of the judge of the district court shall be filed with the county clerk of each county -embraced In such judicial district. Certlfi- -tates of nomination for municipal offices -aha 11 be filed with the municipal clerk of -euch corporation wherein the officers are to "be elected. " That section 5769 of Cobbey's Annotated Statutes of Nebraska as heretofore - -fore existing be and the same Is hereby re- pealed. Section 3. Prln.r.rles , When and Where ( Held. . ' 1. There shall be a primary election held 'at the regular polling place in each pre- -tdnct on the first Tuesday In September , 3.907 , and annually thereafter on , the first { Tuesday In September , for the nomination . f 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 be the -first ( day for the registration of voters in rail cities where registration Is required. 2. Any primary other than that provided "for above shall be held on Tuesday , four - weeks before the elections , except in cities -of the metropolitan class and cities of the -tarst class having over twentv-flve thousand inhabitants wherein it shall be held on ' Tuesday , five weeks before the dav of elec- -tlon. Section 4. Notice of Primaries. How Glv- en. At least sixty (00) ( ) days before the "folding of any September primary the gov ernor shall Issue his proclamation designat- 'Jntr all the offices to be filled by the vote of -all electors of the state or by those of any -congressional , legislative , or judicial dls- trict. and transmit a copy thereof by mail -to the county clerk of each county. 2. Upon receipt of such proclamation said county clerk shall , within ten (10) ( ) days thereafter , make and publish a notice of rcuch primary In manner and form substan- -jtlally as now provided by law for notices - f November election , and all persons to whom said notices ma" be by said county clerk delivered , shall post and publish the isamo in the same manner as the notices for general election. , 3. In case of city elections the citv -clerk shall post such notice at the regular colling place in eacli precinct , such post- ln to be not more than twenty > _ 0) ) and .cot less than ten ( AJ ) days before such pri mary election. Section 5. Nomination Papers How pre pared" and signed. 1. The name of no candidate shall be printed upon an official primary ballot un less at least thirty (30 ( , days prior to such primary , either ho or twenty-five qualified -electors of the party with which said can- < Udate affiliate ; , shall have filed a written application vth the oroper authorltv In . Substantially the following form : I ( or we ) the undersigned , qualified elector ( or quali- fled electors ) of precinct ( or ward ) of county , ( or city ) in the state -of Nebraska affiliating with the jjarty and residing at hereby re quest that my ( or the name of ) came be placed upon the official prlmarv ballot of the said party for the primary flection to be rcld on the day of in as a candidate for the office of nd I pledge myself to abide by the results of said primary election and qualify If -elected. In case a nomination shall be made by electors other than the candidate , -ecid nominee shall within five days after the date , said certificate shall be filed with the officers , a statement In writing duly jrerified under oath stating that he affllltes with the party named in said certificate , that he will a blde by the results of said pri- Tnaryandlf elected will qualify and Serve as uch officer. In case said statement shall not be filled within five days the name of the candidate In the petition shall not be placed upon the primary ballot. 2. A political party within the meaning ef this act , shall be such an assemblage or -oragnlzatlon of electors as is by the law -designated as such. 3. At the , September primary In 1908 < &d every four years thereafter , there shall be nominated by each political par ty one candidate for presidential elector In each of the congres sional districts within the -state , and two candidates for presidential electors at large. Candidates for presidential electors shall file nomination papers as requlreu of candidates for nomination for state offices. Section 0. Nomination Papers. Where Filed. All nomination papers shall be filed as follows : 1. For officers elective In more than one county. In the office of the secretary of state. 2. For officers to be voted for wholly within one county , except city officers , In tlic office of the county clerk of such coun ty. 3. 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 , the secretary of state shall transmit to each county clerk a certified list containing the name and postoflice address of each person for whom nomination papers have been filed in his office , and entitled to be voted for at such primary , together with a designation of the ofilce 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 per sons for whom nomination papers have been filed , the date of the primary , the hours during which the polls will be opened , and that the primary will be held at the regu lar polling place in each precinct. Such clerk shall cause copies of the same to be 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. Primary 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 his office , these ballots to be prepared in the follow ing manner : The official primary ballot shall be printed and provided for substan- - - - * - -m * m - * m * i i tlally as is required" law for official . . . _ . 1. l * aV -X- 1 l .t ballots used 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 size , color and quality of paper , and In arrangement and style of printing. Section 9. The names of the candidates 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 reeistration of voters occurs for the elec tion next ensuing in cities where registra tion Is required Section 11. Expenses of Primars * . 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 JIKO effect , and by the same officers as in the case of elections. Section 12. Prior to the filing of such petition , and for the purpose of helping to defray the exnenses of such prlmary 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 filing 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 showIng - 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 13. Polls , " \Vhen Open. 1. At the primary elections held under this act 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. But 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 pearing 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 arriving after the hour of nine (9) ( ) p. m. shall be entitled to register and vote bcv 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 5010 , 5017 , and 5G1S of Cobbey's Annotated Statutes of Ne i braska , for the year 1903. 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 c 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 prl- c election shall be counted and inary 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 luis act shall be entitled to participate in such primary election upon presenting himself at the polling place where he is entitled to vote ; but he shall not be entitled to receive a primary ballot , or be entitled to vote at such primary elections , until he shall have first stated to the judges of said primary election what political party he affiliates with. Section IS. In cities where registration Is by law required , no voter shall receive a primary ballot or be entitled to vote , un til he 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 be a first voter , i , or shall have moved Into the precinct since ' the last preceding day of registration. For the purpase of providing a system of regis tration of party affiliation , it shall be the duty of the mayor and city council of each city wherein registration is required , to provide In the registration books used for the purpose of registering persons who are qualified to vote at the next general elec- tlon , space for the registration" 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 as follows : "Party Affiliation , " It shall be the duty of the supervisors of such reg ular registrations to ask each person who applies to be registered the question : What In political party do yon desire to affiliate with ? And the names of the political par ty given by such elector so applying to be registered , shall be recorded In the column provided In such registration books for that purpose. In case any party applvlug does not desire to state his party affilia tion , he shall not be required to do so nor shall his failure to do so act as a bar to his registration for the purpose of voting at any election other than a primary election , but shall debar him from voting at any primary election. If the right of such per son to vote be not challenged , one of the Judges of said primary election shall then hand him a ballot of the political party with which he affiliates , which said ballot shall be endorsed with the signature of two of the judges upon the back at the bottom tom edire. Section 19. Challenging Voters. 1. If the right of such person to vote be challenged , one of the judges of said election shall then propound to such person the questions provided for In section w8 of Cobbey's Annotated Statutes of Ne braska for the year 1903.'required by said section to be propounded to a voter at a genera ] election when challenged , and In addition thereto the judge shall propound thp following questions : 1. What political party do you affiliate with ? 2. Do you Intend to support the cand > dates of such political party , or majojiiy 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 arc a citizen of the United States ( or 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 offer for me last forty days , and of this precinct for the lost ten days ; that you have attain- e. the age of twenty-one years , to the best of your knowledge ; that politically you af- ffiliate with the part } ' , and that you intend to support the candidates of said party at the coming election. 3. It shall be the duty of the clerks of said primary election to write at the end of such person's name , "sworn. " Said voter shall then be allowed to vote the ticket of tlie party which he affiliates with. A judge of such primary election shall instruct the voter that he is to vote for his choice for pnch office , using only the ballot of the party with which he affiliates , and that he must return the ballot with the edges folded upon which are the sig nature of the judges uppermost. Section 20. Upon any person entitled to vote at any primary election stating the name of the political party with which he 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. See. 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 eacn 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 nccessable to the pub lic inspection. lie shall also , on the day of the primary , furnish to the officers of the primary election In each precinct , 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 last registration as affiliating - . 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. box.Section Section 22. Challenges. The party com mittee of each party may appoint In writIng - 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 23. Canvass of Votes. 1. Canvass of votes cast shall , except as herein otherwise provided , be made in the same manner and by the same officers as the canvass of an election. The party commltteeman 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 same 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 Frlday 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 be 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 cast 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 , a duplicate copy of the returns last described re'atlng 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 board 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- uay succeeding the September prlmarv. Section 25. Party Candidates. 1. The person receiving the greatest num ber of votes at a primary as the candidate of a party for an office , shall be the can didate of that party for such office , and his name as such candidate , shall be placed on the official ballot at the following elec tion. 2. As soon as the state canvass of a pri mary shall be certified to him. the Secre- tarv of State shall make a certified state ment of the result of such primary as to candidates for state officers and members of congress , and any other candidates whose district extends beyond the limits of a single county , and shall mall to the Chairman of the State Central Committee of each party so much of such certifi cate as relates to his party. 3. Not less than fourteen days before any November election the Secretary of State shall J certify to the county clerk of each county within which any of the electors may vote for the candidates for such offices , the name and description of each person nominated for any such office as .specified in the nomination papers. Section 20. City Board of Canvassers : Quorum ; Meetings , When Held. The canvass of the returns of the city primary shall be made by the mayor , the city clerk and the treasurer of such city , and two of whom shall constitute a quor um. Such board of canvassers shall meet at eleven o'clock in the forenoon of the second day following the city primary and canvass the vote substantially as p'rovid- cd in sections 22-23-24 of this act. They shall make and certify duplicate return's as to the votes cast for the candidates and' forwlth certify and file one complete re turn with the city clerk. Whenever a can didate for any office under the primary law desires a re count of the votes he'shall within three days after the canvassing board has completed Its count , file with the canvassing board an affidavit requesting and setting forth his reasons for request ing the same. He shall also state In said affidavit the names of the other candi dates whose votes he desires recounted. Upon filing such affidavit the canvassing board shall , within one day thereafter , proceed to recount the votes for the can didates named In the affidavit or affidavits filed In the above manner. Provided that no candluate shall be en titled to a recount of the votes , by such canvassing board cast for any candidate when It appears to such canvassing board that the vote for such candidate is suffi ciently large that the recount of the same would i t result In the nomination of the affiant. Provided further that this provision does not apply to the rights of the affiant seeking a recount In Court. Section 27. Vacancies occuring vpoa any party .ticket after the holding of any pri mary shall be filled by a majority vote of the city , county , district or state , as the case may be , and a certificate of such nom ination shall be filed as required by Sec tion 5770 of Cobbey's Annotated Statu tes. 1903. Section 28. Party Committees. At two o'clock p. m. on thei second Saturday suc ceeding the general primary In 1907. and annurJly thereafter at such hour and day , the nominees of the respective parties for county officers In each county , shall meet at the office of the secretary of the county committee of their respective par ties , and shall elect a county central com mittee , composed of not less than one mem ber for each election precinct In the coun ty. Such committee shall serve until their successors are chosen In like manner pro ceeding the next general election for such offices. Section 29. 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 trca urer and campaign committee for suchj&dlcial and congressional district re- spatfttVely , of not less than one member for each county In the district. If there shall be more than one judge to be elected in any district , all the candidates of each respective party shall be eut.tled to par ticipate in the election of tue officers and committee of the party of which they are nominees , and for that purpose It shall be the duty of the chairman of the judicial committee of each party to fix the time and place of meeting of the candidates of his party to select such committee and to notify the candidates there of , in ample time to attend such meeting to be held not earlier than the second Saturday next succeeding the primary election at which they were chosen. Such committee shall serve until their successors are chosen In like manner pre- ceedlnge next general election -or such office. Section 30. Each committee sha'l have the power * to elect a chairman , vice-chair man , secretary and treasurer , and each such committee and Its officers shall have the power usually exercised by such com mittees , and by the officers thereof , in so far as Is consistent with this act. The various officers and committees now in existence shall exercise the power and per form the duties herein prescribed until their successors are chosen in accordance with this act. At all meetings of such city and county committees , each member thereof shall have one vote only. The dut ies of the secretary or chairman of any committee may be performed by members of such committee selected by them. Any vacancy in any committee office shall be filled in the same manner as that In which such officer was originallj * chosen. Section 31. The first Saturday after the primary election the nominees for county offices shall meet at the county Beat of the respective counties in this state , and by a majority vote thereof select one com- mltteeman from each township or precinct In said count and wi'thln one week there after said committeemen so selected shall meet and elect a chairman of the County 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 the state at the Capitol at 12 o'clock m. on ttie fourth Tuesday In September , 1907 , 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 later than 0 o'clock In the after noon on the following day. Section 32. Miscellaneous Provisions. 1. In case of a tie vote , the tie shall forewlth be 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 hear 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 has made its return , said petition shall forwith be pre sented to the judge thereof , who shall note thereon the day of presentation , and shall note thereon the day when he will hear the same , which shall not be more than five days thereafter , and shall order Issuance of summons to each defendant . named In tue petition. ' 2. Summons shall forwlth Issue to each defendant named In the petition and Lhail bo served In the same manner as is pro vided In cases In chancery. The case 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 cases. The petitioner shall 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 , the petition shall be 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- tuins , recount the ballots , and make such orders and enter such judgments as jus tice may require. The court shall hear an determine the case 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 judge to at once certify the judgment to the county clerk , who shall cause to be printed 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 supersedas to prevent the county clerk from so doing. lection 33. It shall be the duty of the Secretary of State and Attorney General , on or before July 1st , 1907 , to prepare all forms necessary to carry out the provis ions of this act , which forms shall be sub stantially followed in all primaries held in pursuance hereof. Such forms shall be printed with copies of this act for pub lic use and distribution. Lection 34. Any person entitled to vote at a primary election shall , on the day of such election , be 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 , be liable to anv penalty nor shall any deduction be 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 emplover may specifv the hours during the day when the employee may absent himself. Section 35. At the general primary election next proceeding any general elec tion at which any constitutional amend ment shall bv law be required to be sub mitted to the electors of the state , it shall be the dutv of the Secretary of State at the same time that he 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 be submitteu at the gen eral election , and it snail be the duty of the county clerks to cause to be printed in the primary election ballotof all political parties the oupction of such constitutional amendments In the same manner and form as they are required to be printed on the official general election ballots and each ( elector may declare himself in favor of or against any such ammendments iiip same as at such general election. The elecfion boards In the various precincts shall make returns of the number of votes In favor of and aga.nst any such amendment to ( the coflnty 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 the Secre- tai of State of the votes upon such amendments with the other returns of this act. Such returns s all be canvassed by the state canvassing board , and if a ma jority of the electors of any party voting upon such amendments shall declare In favor of or agalns any such amendment , such declaration shall be considered as a portion of the ticket of such party and shall be so certified by him to the various county clerks. Lection 30. Delegates to national con ventions of the various political parties shall be selected at a state or state and congressional conventions composed of del egates chosen in such manner as may be de.ermlned by the state committees of each respective party ; Provided that the delegates to such state or state and con gressional conventions shall be apportioned by such committees to the several counties upon the vote cast at th 'ast election for electors lor presiuer * * " 'ce-presldent in the respective counties ; and. provided fur ther , that each county shall be entitled teat at least one delegate In such convention or conventions. Section 37. Penal Provisions. 1. It shall be unlawful for any person to falsly personate and vote under the name of any other person or intentlonally vote without the right to do so ; to wilfully or wrongfully obstruct or prevent others from voting who have the rlcht to do so , at such primary election ; fraudulently or wrongfully deposit In the ballot box. or take therefrom , any official primary ballot , or commit any other fraud or wrong tend ing to defeat the result of a primary elec tion ; give or afTce to give to any qualified voter at any primary election held un der the provisions of this act. any money or valuable thing as a consideration for his vote for any person to l > c voted for at said primary election ; accept or receive any valuable thing as a consideration for his vote for any personto be voted iftr at said primary election ; offer to accept and receive , or accept and receive , any money or valuable thing In considration of bis filing or agreeing to file , or not filing or agreeing not to file , 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 his 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 any 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 anv such bribe or promise of gain of any kind In the na ture of a bribe as a consideration for sicn- ing the same , whether such brloe 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 guilty 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 the county jail not less than one nor more than six months. 2. Any act declared an offense by the general laws of this state concerning cau cuses and elections shall also in like case , be an offense In all primaries , and shall be punished In the same form and manner as therein provided , and all the penalties and provisions of the law as to such caucuses and elections , except as otherwise provided , shall apply in such case with equal force , and to the same extent as though fully set forth In this act. 3. Any person who shall forge any nom ination paper shall be deemed guilty of forgery , and on conviction punished ac cordingly. Any person who , being in pos session of nomination papers entitled to be filed under this act. or any act of the leg islature , shall wrongfully either suppress , neglect , or willfully fall to cause to be filed at the proper time In the proper office , shall , on conviction , be punished by Im prisonment In the count- Jail not to exceed six months , or by a fine not to exceed five hundred dollars ( ? 500.00) ) or both such fine and Imprisonment In the discretion of the court. Section 38. General Election Laws to Apply. The provisions of the statutes now In force In relation to the holding of elec tions , the solocitation of voters at the polls , the challenging of voters , the man ner of 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 , the 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 39. All nominations for candi dates of any political party for office to be filled at a special election or any other office to be filled by the electors , exempted from the provisions of this act , shall 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 city , 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 be 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 filled by the voters of the entire state , or any . division or district greater than a county , j Including candidates for congress or any party 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 be 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 va > county , then In that case , 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 ofHcers 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 a general election or village of ficers or members of school boards not members of boards of education. Section 40. When nominations are made by a convention or committee , as provided for in section 39 of this act , the certificates of nomination to be filed with the secretary of state , shall be filed not less than twen ty-five days before the day fixed by law for the election of the persons in nomina tion , and the certificates of nomination herein directed to be filed with the county clerk shall be filed not less than twenty days before election , and the certificates of nomination herein directed to be filed with the municipal clerk shall be filed not less than fifteen days before election. Certifi cates of nomination for a new party may be filed with the secretary of state or the county or municipal clerk , twenty-five or twenty or fifteen days before the election , as the 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 this act provided , and the office for which he was nominated was an office to be voted for in more than one county , the secretary of state , and if to be voted for in one county alone , the county clerk of the coun ty where such olfice is to be voted , or if a municipal office , the clerk of the citv or vil 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 his political partv , if there be one. and if not , at least three ? i 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 three days shall be given such party committee or convention to nominate a person to fill such vacancy. Section 42. All certificates of nomina tion or nomination statements , which are in apparent conformity with the provisions of this act , shall be deemed to be valid , unless objections thereto shall be dulv made in writing within thre (3) ( ) days after the filing of the same. In case such ob jection is made , notice thereof shall forth with be mailed to all candidates who may be affected thereby , addressed to them at their respective places of residence as given I In the certificate of nomination or In the nomination affidavits of such persons , on file in that office. Objections to the use of party name may also be 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 validltv of snch objection , and his decision shalf be final , unless an order shall be made In the matter by a county court , or by a jnde oT the district court , or by a justice or th supreme court nt chambers , on or before * the second Wednesday preceding the elec tion. Such order may be made snmnmrllr upon application of any party Interested , and upon such notice as the court or judgg may require. The decision of the secre tary of state , or the order of the jndge or supreme court Justice revising such deci sion , shall be binding on all other county , municipal or other officers with whom cer tificates of nomination arc filed. Section 43. In case of a division of any- party , the secretary of state shall give thr preference of party name to the conventloa held at the time and place designated la the call of the regularly constituted party- authorities , and If the other faction or fac tions shall present no 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. The action of the preceding national convention of such party , regularly c&llcd , 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 proceeding * , to perform his duty In this regard. Section 44. No person shall bo entitled to or allowed to nle a nomination certifi cate as provided for In this act , or to have his name placed upon a primary election , ballot for any primary election to be held , unless the political partv which he state * 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 or subdivision or district for which he seeks the nomination for 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 formIng - Ing a part of such name. In order to form a new party there shall be present at a mass convention electors to the munber of at least five hundred (500) ( ) In a state con vention , one hundred (100) ( ) In a congres sional district or county convention , or twenty-five (25) ( ) In any precinct , city , village or ward convention , except In cities or counties having a population of fifty thousand (50,000) ( ) or more , at least two hundred (200) ( ) shall be required to partici pate. 2. Such convention shall adopt a party- name and electors at least to the number respectively above mentioned , and electors to at least the number specified shall sign an agreement to form such new party and , support Its nominees at the next election , and upon filing such written agreement with the secretary of state , county , city or village'clerk. as the case tinny be. together with an affidavit of yomri qualified elector that he saw all of the persons whose names are signed to such agreement subscribe the same and he verily believes them all to be qualified electors' . Such new party shall be entitled to have a separate party ballot at the next primary election held thereafter , provided that Its candidates for nomination shall be required to file nomination papers signed by at least fifty percent "of those- who subscribed the agreement to form such new party. When the name of the candi date appears on a petition presented by a political party or members thereof with the- required number of signers and It Is ex pressly stated In said petition that the can didate Is a candidate of two or more par ties , each of which shall bp entitled to nominate a candidate , then It shail be the duty of the officer making up the ballot to place the name of such candidate or candidates upon thp ballot in the samw manner as now provided for in the general election law for ballots at the genera ! elec tion. Section 40. The secretary of state shall cause to be preserved in his office for the period of one (1) ( ) year a copy of all nomi nating statements and certificates of nom ination filed therein under the provisions of this act. and each county and municipal clerk shall cause to be preserved In hl < * office for the period of two (2) ( ) years , all nominating statements and certificates of nomination filed therein under the provi sions of this act. All such nominating- statements and certificates shall , at all rea sonable hours , be open to public Inspec tion. Section 47. That sections 5714. 57T5. 5710 , 5717 , 5718 , 5719 , 5720 , 5721 , 5722 , 5800 , 5801 , 5802 , 5803 , 5804 , 5800 , 5807 , 580a 5800 , 5810 , 5811. 5707 , 5708. 5770 , 5771 , 5772 , 5773 , 5774 , 5775. 5770 , of Cobbey's Annotated Statutes ? of Nebraska , of the year 1903 , SSllal to- 5811hl Cobbey's Supplement for the year 1905 , as the same now exists , and all acts or parts of acts In conflict with the provi sions of this act , be and the same area hereby repealed. WEDDING OF INDIAN COUPLE. aiembcr of "Wichita Tribe Talce * Maiden of Tonkuivaii for Bride. Friday afternoon at 3 o'clock , at the Tonkawa agency , the Rev. Dr. Snook of the Presbyterian Church said the magic words that made the pretty little Indian maiden , Anna , the squaw of Blackbird , says the Tonkawa ( I. T. ) News. The ceremony was performed IB the presence of Agent Brewer and fam ily , a few invited guests -and a number of the members of the Tonkawa tribe , some of whom had their faces painted in yellow and red in honor of the occa sion. sion.The 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 , but made no reply. Peter Dupree translated the question into the language of the tribe , and she said something which sounded very much like "Uhhuh. " He then turned to the minister and indicated that she assent ed , and the 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 she chose. Mrs. Blackbird is quite an heiress , having two * ; oed quarters of Kay Coun ty land. Mr. Blackbird is a Wichita and came h re a few weeks ago with several members of his tribe to pay a visit to the Tonkawas. He became In fatuated with little Anna , who is about 17 years old , and sought her hand in marriage. Agent Brewer requires all the Indians under his charge to marry according to the laws of the country , but further than that he does not inter , fere with their matchmaking. Tlie 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 boarder , "I find it singularly fas cinating. I have a theory that en nes come inwaves. . One week there will be nothing but holdups. The next week , per haps , you will read of a series of embez zlements. Than comes a season of confi dence games and pocket picking. Just QOW , of course , there is a murder wave. won a dollar and a half not long ago by making a bet that there would be three horrible murders in succession , inside of. ten days. And so it goes. If you watch these things from a calm , methodical point of view , you will be 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.