Nebraska Newspapers

    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.