Omaha daily bee., April 05, 1907, Page 4, Image 4

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THE OMAHA DAILY BEE: FRIDAY, ATOIL 5, 1907.
NEW PRIMARY ELECTION LAW
lull Text of tks till m it Wti Fused
y L??i1itT)re
PROVISIONS FOR NOMINEES AND PLATFORM
Candidate to D Chosen by Parties
ad Vote la All Instances to
He After Declaration
of Affiliation.
Following- la tba full text of the new
state-wlfl primary election law of Ne
braska: A bill for an act entitled. "An act to
provide for primary elections and to regu
late the sains to provtdn for the nonitim
Uon of certain candidate for certain
ofSces at such primary election; to pro
vldi for the election of Mate and county
committees of the several political parties;
to permit electors to express their choice
for United Htates senator and upon pro
posed constitutional amendments; to pro
vide penalties for the violation of the
r revision of this act; to amend section
:fi of Cobbev'a Annotated Statutes of Ne
braska for lSrffl, and to repeal said original
aecUon, and to repeal section 5714, ill.
&ri, 6717, 671S, 671. T. ITU. V12. S"0, 5ul,
t"Z, btU, 6K.-4. W0, 6W. 6, b, M10. 6SU,
bitl, 67. &770, 5771, bTTi, 5779. 6i74. 6775, 6774,
of Cohboy's Annotated flt-xtutes of Ne
braska; 401 al to 6411 hi. Cobbey's Supple
ment for the year inns, as the same now
exists, and all acts or part of acta In
conflict with the provisions of this act.
action 1. Definition and Construction
The words and phraaes in thla act shall,
unleaa the same be Inconsistent with the
context, he construed aa follows:
L The word "primary." the primary elec
tion provided for by thla act.
1 The word "election," a general city
election, aa distinguished from a primary
lection.
(. Tha words "November election," the
general election held In November.
4. The word "preotnet," a district estab
tlahed by law within which all qualified
electors vote at one polling place.
4. The word "district." a aubdlvlalon of
the state or a county or city or village la
which all the electors are entitled to
participate In tha election of any ono or
votes of electors In auch subdivision ex-
olualvely.
Thla statute shall be liberally construed
to that the real will of the electors may nut
be defeated by an Informality or failure to
comply with nil provlalons of law In ropect
to either the giving of any notice or the
conducting of the primary or certifying the
results thereof.
Section S. Candidate, How Tomlnated
Hereafter all candidates for elective offices,
except those exempted from the provisions
of this act, shall be nominated:
I. By a primary held In accordance with
this aot: or
i. By nomination papero signed and filed
' aa provided by statute.
1 Thla aot shall not apply to special elee
' tlona to Bit vacancies, rv r to municipal eleo
tlons in ottlea havlnc lesa than K.OOO cop
ulations, villages, tewmhtp and adhoot
district oftloers, nor to members of smoo!
boards nor members of boards of educatltfi.
Bectlnn 2a. That Beetlon bWi of Cobbey's
Annotated Statutes of Nebraska for 1903
be amended to read aa follows: ''flection
8788. 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 atatlnr the name,
residence, business and poatofTtce 'address
of the candidate, shall be signed by electors
residing In the district or political division
In which tha officers to be elected and filed
with the clerk of the village, olty or
county or with the secretary of state, as
the case may be. The number of signa
tures shall not be leas than 1,0)0 when the
nomination is for an office to be filled by
the electors of an entire state, and not less
than 200 when the nomination is for ten
office to be filled by the electors of the
city, county or other division less than
the state, and not leas than fifty when the
nomination Is for an office to be filled
by the electors cf a township, precinct or
ward, provided, that the number of sig
natures 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 oounty, city,
township, precinct, village or ward, and
that the signatures need not all be ap
pended to One paper, provided further, that
candidates nominated under the provisions
of this section shall be termed 'Candidates
by Petition.' and upon the ballot upon
which their names are printed shall be
printed after auch names the words 'By Pe
tition.' Each elector signing a certificate
shall add to hia signature his place of
business, hla realdence and address. Cer
tlSoatea of nomination for all county, dls
trtot or precinct offices, Including members
of both branches of the legislature, shall
be tiled with the county clerk of the re
spective counties wherein the officers are
to be elected, and In caae the legislative
districts from which auch candidate Is to
be elected embraces more than one county,
then In that caae the certificate shall be
filed w th the oounty clerk or earn county
included In such district. Certificates for
the nomination of Judire of the district
court ahall be niea wjtn tne county cierK
of each county embraced In auch judicial
district. Certificates of nomination for mu
nicipal offices shall be filed with the muni
cipal rlerk of auch municipal corporation
wherein the officers are to be elected." That
Section 5769 of Cobbey's Annotated Stat
utes of Nebraska aa heretofore existing
end the same la hereby reDealed.
section s. rrunanes. wnsn ana wnsre
Jasld 1. There shall be a primary elec
tion held at ths regular polllns? place In
each preolnct on ths first Tuesday In Sep
tember, 1947, al annually thereafter on
tha first Tuesday In September, for the
Domination of all candidates, except those
exempted from the provisions of this act,
to be voted for at the November electa n,
and United States senator, and said day
shaii be the first day for the registration
of voters la all cills where registration Is
required.
1 Any primary other than that provided
for above shall be held on Tuesday, four
weeks before Un elections, except lr cities
of ths metropolitan class and cities of the
first class having over 2&.00O Inhabitants
wherein It shall be held on Tuesday, five
weeks before he day of the election.
Beottea 4, Motioe of Primaries, How
Olven At least sixty (60) days before
the holding of any September primary the
governor shall Issue his proclamation desig
nating all the offices to be filled by the
' vote of all the electors of the state or by
those of any congressional, legislative or
judicial district, and transmit a copy
thereof by moll to ths oounty clerk of each
county.
2. Upon receipt of such proclamation said
clerk shall, within ten (10) days thereafter,
lu&ke and publish a notice of such primary
In manner and form substantially as now
provided by law for notices of November
election, and all persona to whom said
notices may be by said county clerk de
livered, lhall post and publish the same In
the name manner as ths notices for general
election.
S. In case of city elections the city clerk
shall poet such notices at the regular pol
ling place In each precinct, such posting to
be not more than twenty (20) and not less
than ten (10) days before auch primary
election.
IwUoi 6. 1. Homlnatlon Papers How
Prepared and- Strad. The name or ni
candidate ahull be printed upon an official
rrlmary ballot unless at least thirty (3u
days prior to such primary, either he or
twenty-five qualified electors of the party
With which said candidate affiliates shall
have filed a written application with the
proper authority In substantially the fol
lnvlnc form: I (or we), the undersigned,
qualified eW-otor (or qualified electors) of
preolnct (or ward) of .. county
r cltyV In the state of 'Nebraska, affili
ating with the party and residing
at hereby request that my (or the
rami of ) name be placed upon the
official primary ballot of the saM party
for the primary election to be held on the
day of In as a candi
date for the office of and I pledge
myself to abide by the results of said pri
mary election and qualify if elected. In
rtuie a nomination ahall be made by electors
otlwr than ths candidate, said nominee
ahall within five days after the date said
certificate shall - filed with the officer,
el . tnrtient In writing rl'ily verified
under oath stating that he aril lis tea with
Health-
Economy
Cdumdf
J v
Poudcr
the party named In said certificate, that
be wiil sblde hy the results of said pri
mary and If elected will qualify linl serve
as such officer. In case sslil statement
shall not be filed within five days the
name of the candidate In the petition shall
not be placed upon the iflmary ballot.
I A political party within the meaning
of this act shall be such an assemblage
or orsanlsntlon of electors as Is by law
''"'BRft1 IL B'.!rh.
a. At the Snntemher nrlmary In l?", and
every four years thereafter, there eMail be
nominated ny eacn political pariy orm .mi
dldate for presidential elector In each of
the eonrresHlnnal districts within the state.
and two candidates for presid-ntial electors
at larite. Candidates for presidential eieo
ois shall file nomination papers as re
quired of candidates for nomination for
sisie offices.
Sect ion 6. Nomination papers, wners
Piled All nomination pupeis shall be
filed as follows:
1. For oltliers elective in more tnau one
county. In the office of the secretary of
'ate. , ..
2. For officers to be voted for wnony
within one county, except city officers. In
the office of the county clerk of such
county.
J. For city officers. In ths office of the
city clerk.
B action T. Posting or names ox now
dates At least twenty-five (25) days bo
fore any primary preceding a gnnfirnl elec
tion, the secretary of state shall transmit
to Mrh roiintv c lerk a certified list contain..
Ing the name and postofflce rulflress of each
person for whom nomination papers nave
been filed In his office, and entitled to he
voted for at such primary, together with
a designation of the office for which he is
a candidate, and the party or principle he
represents. .
Buch clerk shall forthwith upon receipt
thereof make public tinder the proper party
designation, the title of each office, the
names and addresses of all persons for
whom nomination papers have been filed,
the date of the primary, the hours during
which the poll" will be opened, and that
the primary will be held at the regular
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
ench election precinct.
Section a. Primary Election Ballots
The method of voting at such primary
election shall be by ballot, and all bailot
voted shall tie printed aa herein provided.
Un the fourteenth day before the primary
election the county clerk, or city clerk in
the case of city election, shall group ths
candidates for each party by themselves.
Including those candidates certified to him
by the secretary of slate, and shall prepaie
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
following manner:
The official primary ballot shall be printed
and provided for substantially as Is re
quired by law for official ballots used at
November elections, provided, however, that
a separate ballot shall be prepared for each
political party entitled to participate In
said primary, and provided further that
said ballots ahall all be uniform In size,
color and quality of paper, and in arrange
ment and style of printing.
There shall be no printing on the back of
the ballots, or any mark to distinguish
them but the signature of the Judge or
clerk. '
Section 9. The names of the candidates
for each office shall be arranged upon the
ballot alphabetically according to sur
names and under appropriate headings
designating each official position, provided
however, ihls section shall not apply to
primary elections held In counties having
more than 120,000 Inhabitants.
action 10. Hotlcs and Place of Primary
Elections The primary election shall le
held In each election district at the place
where the last election was held, or such
Other place as may be lawfully deslgnatod
for the polling place for the election dis
trict, and shall be held at the place where
registration of voters occurs for the eleo
tlon next ensuing In cities where registra
tion is required.
Section 11. Expenses of Primary, How
Paid All ballots, blanks and other sup
plies to be used at any primary, and all
expenses necessarily Incurred In the prepa
ration 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 like effect, and by the
same officers aa In the case of elections.
Beetlon 12. Prior to the filing of such pe
tition, and for the purpose of helping to
defrav the expenses of such primary, there
shall bs paid to the county treasurer for
the use of the general fund of the county
of the candidate's residence, or on behalf
of each candidate, a filing fee as follows:
For ths office of United States senator, i0;
for state officers, members of congress and
Judges of the district court. Sift; for county,
legislative and city offices, 15. No , nom
inating paper shall be filed until the proper
county treasurer's receipt showing the pay
ment 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 candidates for regents of
the State university or presidential electors.
Section 13. Polls, When Open 1. At the
f rlinary elections held under this act for
lie November election In cities where regis
tration is required, the polls shall be open
at eight (b) oclock a. m., and closed at
nine (9i o'clock In the evening. In all other
places and at primary elections at all other
times when a primary election la held,
polls shall be open at twelve (12) o'clock
m., and remain open until nine (SO o'clock
in the evening. But If the judges and
clerks shall not attend at the hour of open.
Ing, or If it shall be necessary for the
electors present to appoint judges or clerks,
ir any of them, the polls may then be
Opened at any time before the time for
closing them shall arrive, as ths caae may
require.
. 1. 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
I quiiiiuea iu fvaiiier anu parucif taie inerein
ana nave uoi Deun h Die 10 no so since an.
pea ring at the polling plnce, said polls
shall be kept open reasonably long enough
after the hour for closing to allow those
present st that hour to register and vote.
No one coming after the hour of nine (9)
p. m. shall be entitled to register and vote
because the polls may not actually be
Closed when he arlves.
Section 14. The county board shall provide
a sufficient number of ballot boxes with a
sufficient number of locks and keys, at the
expenaa of the county, for the several pre
cincts or districts within which the primary
election Is to be held.
Section 15. That sections 5,816 5,17 and
5,618 of Oobbey's Annotated Statutes of
Nebraska, for tha year 190S, are hereby
made applicable to primary elections held
under this act. '
All primaries shall be presided over by
the same Judges and clerks of election now
provided by law to preside over general
electlona during the time for which they
were so appointed, and said Judges and
clerks shall receive for their services at
such primary, the same compensation as
It prescribed by law for judges and clerks
of November election.
. Section Id. The. ballots cast at anv pri
mary election shall be counted and the re.
sulls returned to the county elerk In man.
ner and form provided by law relating to
general electlona
Section 17. Any qualified elector de
siring to vote at any primary election held
under ths provisions of this act shall he
entitled to participate In such primary elec.
I tlon upon presenting himself at the polling
I place where he Is entitled to vote; but he
j shall not be entitled to receive a primary
1 ballot, or be entitled to vote aa such nri.
mary election, until he shall have first
stated to the Judges of sstd primary elec-
tion what political party he affiliates with.
Section IS. In cities where registration Is
by law required, no voter mail receive a
primary ballot or be entitled to vote, until
he shall have first been duly registered as
a voter In the manner nrescrlhed hv la w
I provided that In cities where registration
is ny law requiren. no elector snail he per
mitted to vote, unless he be a first voter,
or shall have moved Into the precinct since
th last preceding day of registration.
For the purpose of providing a sys
tem of registration of party affilia
tion. It shall be the duty of
of the mayor and city council of each dry
wherein registration Is required, to provide
In the regi.trallon books used for the pur
pose of registering persona who are quali
fied to vote at the next general election
space for the registration of all ersons
who may deslrs to participate In any prl
irarv election. Such space fchall be pro
vided In sa'd registration books Immediately
following the last perpendicular ruled col
umn In such hooka and shall be headed aa
follows: 'Party affiliation." It shall be
the doty of the supervisors of such regulnr
registration to auk each person who applies
to tie registered the question: "What po
litical party do you desire to affiliate wlthf
And the name of the political party clven
by suoh party so spplylng to be rglsered
shall be recorded In the column provul l In
such registration books for that ptr-pose.
In caae any party aprlvlng does not desire
to state his party affiliation, he ahall not
be required to do so. nor ahall his failure
to do so act ss a bar to his registration for
the purpose of voting at any election other
than a primary election, but shall dbar
hlin from voting at any primary election.
If the right of such person to vote re not
challenged one of the Judges of said pri
mary election shall then hand him s ballot
of the political party which he affiliates
with, which said ballot shall be endorsed
with the signature of two of the Judges
op-m the tark at the bottom edge.
otion IS. Cballengljag Toters If the
right of such person to vote te challenged,
one of the Judges of said election shall then
propound to such person the questions pro
v;ded for in s--o:ion 5'.'S of (Vhbey's Anno,
lufcd R'atutes of Nebraska for the year
1", required by section to he prouaumlei
to a voter at a general election whan chal-
enged. and hi addition thereto the Judge
shall propound the following questions:
1. tVhal political party do you affiliate
with ?
t. IK) yon Intend to support ths candi
dates of such political rsrtv. or a majority
of them, at the next election!
S. lr the challenge p not tnen nier
mlncd In favor of such person by the Judges
of said primary election and be not with
drawn, he sl-.a.!! not bs allowed to v;tn
until he shall have taken the following
oath:
"Ton do solemnly swear (or affirm) that
you are a cltlsen of the t'nlted States (or
tisre 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 or - ror m
Isst ffirttr Avm tnrl nf this precinct for
the Inst ten days; that you have attained
the ss-e nf n vra to tha best of your
knowledge: that politically you affiliate with
the party, and that you intend 10 sup
port the candidates of said party at tne
coming election." .
3. Jt shall he tne outy or tne citr-
nM Alartlnn tn svrltA st the end Of SUch
person's name "sworn." Said voter shall
then be allowed to vote the ticket of the
party which he affiliates with.
A judge or such primary eiec.iion sonu
Instruct the voter that he Is to vote for
his choice for each office, using onlv the
ballot of the party with which he affiliates,
and that ha must return the ballot with
the edges folded upon which are the signa
tures of the Judges uppermost.
Section 20 t'pon any person, entitled to
vote at nnv primary election stating me
name of the political party with which he
affiliates the clerks of said primary election
hull thereupon, after the name of the per
son voting, write tne name or sucn i
lltlcnl party In the column cf the poll booK
prepared for that purpose.
Section 21 The citv clerk of each city
wherein a registration pf voters Is required
t.v int ahsii im mrt in tol v after each regis
tration day compile an alphabetical list of
the voters or ea.cn of the political panics m
each precinct In such city, and within five
davs after each day of registration he shall
f iTiis fn th ha Irrnnn nr secretary of
each political commltlee of his city snd
county a certified copy of such lists, and
also keep the same acceseioie io puunu
Inspection. He shall also, on the day of
the primary, furnish to the officers
of the primary election In each pre
cinct, a certified copy of snch lists for ths
purpose of determining whether or not any
person who desires to vote at such primary
whs registered st the last registration as
affiliating with ths party the ballot of
which he desires to vote at such primary.
When the elector has prepared his ballot
he shall fold the same with the edges upon
which sre the signatures of the Judges
uppermost, snd so folded so ss 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.
Beetlon 83. Challsngers The partv com
mittee of each party may appoint. In
writing, one party agent or representative),
with an alternate for each, who shall act
os challengers for their respective parties
or elements therein. The light of any per
son to vote at a primary may be challenged
upon the same ground, and his right to
vote be determined In the same manner as
at an election.
action 83. Canvass of Totss Canvass
of votes cast shall, except aa herein
otherwise provided, be made In the same
manner and by ths same officers as the
canvass of an election. The party commit
teeman of the precinct In a precinct can
vass, the chairman or secretary of the
county committee in a county canvass, and
of the state committee In a state canvass,
or some duly appointed agent to represent
each party, shall be allowed to.be present
and observe the proceedings.
2. The county canvass of the returns of
autumn primary ahall be made by the same
officers In the manner provided by law for
the canvass of the returns of general elec
tion. The canvassers shall meet at 10
o'clock on the Friday following the Sep
tember primary and canvass such returns.
Their returns shall contain the whole num
ber of votes for each candidate of each
political party, and a duplicate to each po
litical party shall be delivered to the county
chairman "of such party.
8. The canvassers shall also make an ad
ditional duplicate return In the same form
aa provided In sutdlvlslon I. showing the
votes cast for each candidate and voted
for wholly within the limits of the county.
The county clerk shall send to the secre
tary of stte. bv registered mall, one com
plete copy of all returns aa to such can
didates, and he shall likewise send to the
chairmen of the state central committee of
each partv a duplicate copy of the returns
last described relating to such candidates
of each such party.
Section 84. State Board of Canvasssrs,
How Constituted and Governed The
board of canvassers provided by law to
canvass returns of a general election shall
constitute the state board of canvassers of
September primaries, and all the provisions
of law relating io me uut '
turn of a general election shall, as far as
applicable, apply to ths canvass, return
and certification to the secretary of state
of such primary. 6uch board shall meet at
ths office of the secretary of state at 10
o'clock s. m. on the second Tuesday suc
ceeding the September primary.
Section 88. Party Candidates The per
son receiving the greatest number of votes
at a primary as the candidate of a party
for an office shall be the candidate of that
party for such office and his name as such
candidate shall be placed on the official
ballot at the following election.
2 As soon as the state canvass of a pri
mary ohall be certified to him the secretary
of state shall make a certified statement
of the result of such primary as to candi
dates for state officers and members In
congress, and any other candidates whose
district extends beyond the limits of a
single oounty, and shall mall to the ohalr
man of the state central committee of each
party so much of such certificate as ro
tates to his party.
S Not less than fourteen days before any
November election the secretary of state
shall certify to the county clerk of each
county within which any of the electors
mav vote for the candidates for such offices
the name ana aeacripiion oi men imnun
nominated for any such office as specified
In the nomination papers.
Section 86. City Board of Canvassers,
Quorum, Meetings, When Held The can
nr the returns of a city primary shall
'be made by the mayor, the city clerk and
the treaaurer or sucn cny, ny iwo ui
whom shall constitute a quorum. 8uch
board of canvassers shall meet at 11 o'clock
in the forenoon of ths second day follow
ing the city primary and canvaas the vote
substantially as provided In sections 22, 23
and U of this act. They shall make and
certify duplicate returns as to ths votes
cast for the candidates and forthwith cer
tify and file one complete return with the
city clerk.
Section W. Whenever a candidate for any
office under the primary law desires a re
count of the votes he shall within three
dnye after the canvassing board has com
pleted Its count file with ths canvassing
board an affidavit requesting and setting
forth his reaaons for requesting tne same,
lie shall also state In said affidavit the
names of the other candidates whose votes
he desires recounted. Upon filing such
affidavits the canvassing board shall, within
one dav thereafter, proceed to recount the
votes for the candidates named in ths
sff'davlts filed In the above manner. Pro
vided that no candidates shall be entitled
to a recount of the votes by such can
vassing boaud cast for any candidate when
It appears to said canvassing board that
the vote for such candidate is sufficiently
large that the recount of the me would
r.ot result In the nomination of the affiant
Provhled further, that this provision does
not apply to the rights of ths affiant
in seeking a recount in cuun.
Section 27. Vacancies occurring upon any
party ticket after the holding of any pri
mary shall be filled by a majority vote of
i the parly commiiiee or ine cny. aisirici,
county or state, aa the case may be and a
i certificate of such nomination shall be filed
I aa required by section 6 "74 of Cobbey's
Annotated Statutes of 1904.
i 'cotton 88. Party Committees At 2
I o'clock p. m. on the second Saturday sue
: ceedlng the general primary in lm7. and
'annually 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 parties, and
shall elect a county central committee,
I composed of not less than one member for
i each election precinct lr the county. Such
i committee ahall serve until their successors
I are chosen in like manner preceding the
j next general election for such offices.
Section 89. Congressional and Jadlelal
' Committees The candidates of th re
I spectlve parties for the office of Judge of
the district court and members of cong'tss,
I shall have the right to appoint a chairman.
secretary and treaaurer and campaign
committee for such Judicial and congres
sional district, respectively, of not less than
one number for each oounty In the district.
If there shall be more than one ludve to
be elected in any district, all the candidates
of each respective party shall be en'ltled
to participate In the election of the 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 placo of a meeting of the candldat-s
of his party to select such committee and
to notify the candidates thereof. In ample
time to attend such meeting to be held nit
earlier than the second Saturday next suc
ceeding the primary election at which they
were chosen. Such committee shall serve
until their succesaors are chosen In like
manner preceding the next general election
for such office.
Section Si. rwh committee shall have the
power to elect a chairman, v'c chairman,
secretary and treasurer, and each such
committee snd its officers shall have the
power iiMially exe-cis-d hv su.h commit
ters, and by ths officers thereof. Insofar as
is cousiatrnt wth thla .set The va-'ous
officers aud committees nuw in existence
shall exercise the powers and perform the
duties herein prescribed until their sue
oessors 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 duties of
the chairman or secretary of any commit
tee may be performed by members of such
committee selected by them. Any vacancy
In any committee office shall bs filled In ths
oie mniirier ss tnat in which such officer
was originally chosen.
Section 81. Ths first Saturday after ths
primary eleotlon the nominees for county
officers shall meet at the county seat of
the respective counties In this state, and
by a msjorlty vote therof select one com
mitteeman from each township or precinct
In said county, and within 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
wno shall meet with like delegates chosen
In the same war from each county In the
state at the capltol at 12 o'clock, meridian.
On the fourth Tuesday In September, 1907,
and annually thereafter on the fourth Tues
day In September; and said delegates shall
forthwith formulate ths state platform of
their party and select a state central com
mittee composed of one member for each
senator elected from each senatorial dis
trict, and said commutes so elected shall
select Its chairman end secretary. The plat
form of each party shall be framed at
such time and ahall be made public, not
later than o'clock In ths afternoon of
the following day.
Section S3. Miscellaneous Provisions
1. In case of a tie vote, the tie shall forth
with be determined by lot of the canvassers.
Authority and Jurisdiction are hereby
voated In the county court and In the Judges
thereof In vacation, to hear and determine
primary eleitlon oonteets, as to county,
olty or precinct officers. When any petition
to contest a primary election shall be filed
In tho office of the clerk of the county court
within twenty-four hours after the board
of canvassers has made Its return, said
petition shall forthwith be presented 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 the petition.
2. Summons shall forthwith Issue to each
defendant named In the petition and shall
be 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 thereof
In vacHtk-u, at any time not less than two
days after service of process and shall
havo preference In the order of hearing to
all other cases. The petitioner shall give
security for all costs. -
1 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 jietltlon are sufficient, ths court shall
proceed in a summary manner, and may
hear evidence, examine the returns, re
count the ballots, and make such orders
and enter such Judig.men.ts ss Justice may
require. The court shall hear and deter
mine the case within two weeks of the fil
ing of the petition. Immediately upon
rendering Judgment In any such corneal.
It shall be the duty of the county Judge
to at once certify the Judgment to the
county clerk, who ahall cause to be printed
on the official ballots the name or names
of those whom Such county court shall
have so decided to have bexm nominated at
such primary, and any appeal taken from
such Judgment of the county court shall
not act as a supersedeas to prevent the
ox'unty clerk from so doing.
Section 33. It shall be the duty of the
fie rotary of stats and attorney general, on
or before July 1, 19u7, to prepare all forms
necessary to carry out the provisions of
this act, which forms shall be substantially
followed In all primaries held in pursuance
thereof. Such forms shall be printed with
ooples of this act for public use and dis
tribution. Section S3. Any person entitled to vote
at a primary election shall, on the day of
such election, be entitled to absent himself
from any service or employment In which
he la then engaged or employed, for a
period of two hxiurs between the time of
opening and closing the polls, and such
voter shall not, because of so absenting
himself, be llabls to any penalty nor shall
any deduction be made, on account of such
absence, from his usual salary or wages;
provided, however, that application for
such leavs of absence shall be made prior
to the day of the primary. The employer
may specify the hours during which the
employe may absent himself.
Section 36. At the general primary elec
tion next preceding any general election
at which, any constitutional amendment
shall by law be required to be submitted
to the electors of he state. It shall be the
duty of the secretary of state at the same
time that he shall ceriry the names of
oaradldates for stats officers to tha county
clerks, likewise to "certify to such county
clerks any such amendment or amendments
to be submitted at the general election.
end It shall be ths duty of the county
clerks to cause to bo printed In the primary
election ballots of all political parties tho
question of suoh constitutional amendments
in tho same manner and form as they are
required to be printed on the official general
election ballots, and such elector may de
clare hlmsAlf in favor of or against any
such amendments the same as at such
general election. The election boards in
the various preclncta shall make returns of
the number of votes In favor cf and against
any such amendment, to the county olerk
at the same time and In tha same manner
as upon candidates for nomination, and
such returns shall be canvamed by tha
county canvassing boards with other re
turns, and tha county clerks shall make
returns to the secretary of sate of the
votes upon such amendments with the other
returns of this act. Buch returns shall
be canvassed by the state canvassing
board, and If a majority of the
electors of any party voting upon such
amendment shall declare In favor of or
against any such amendment, such declara
tion shall be considered rs a portion of the
ticket of such party and shall be so certi
fied by him to ths various county clerks.
Section 8t. Delegates to national conven
tions of the various political parties shall
be selected at a stats or state and con
gressional conventions composed of dele
gates chosen in such manner as may be
determined by the state committees of
each respective party; provided, that the
delegates to suoh states or state and con
gressional conventions snail oe apportioned
by such committees to the several counties
upon the vote cast at the lost election
for elecKirs for president and vice president
In ths respective counties, snd provided
further, that each county shall be entitled
to at leaat one delegate In such convention
or conventions.
Section 37. Penal Provisions It shall
bo unlawful for any person to falsely per
sonate and vote under the name of any
other person or Intentionally vote without
the right so to do; to wilfully or wrong-
I fully obstruct or prevent others from vot
ing who have the right so to do. at such
I nrlmary election: fraudulently or wrong
fully deposit In the ballot box, or take
therefrom, any official primary ballot, or
commit any fraud or wrong tending to de
feat ths result of a primary election; give
or agree to give to any qualified voter at
any primary election held under the pro
visions of this act, any money or valuahls
thing as a consideration for his vote for
any person to bs voted for st said primary
election: accept or receive any valuable
thing as consideration for his vote for
any person to be voted for at said primary
election; oner to accept ana receive, or ac
cept and receive, any money or valuable
thing In consideration of his filing or agree
ing to file, or not tiling 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
valuable thing, in consideration of his with
drawing his nams as a candidate for nomi
nation at such primary election.
Any person who shall offer, or with
knowledge of the same permit any person
to offer for his benefit any bribe to a voter
to Induce hlin to sign any election or nom
ination paper, or any person who shall ac
cept any such brOnt or promise of gain of
any kind In tha natura of a bribe aa a con
sideration for signing the same, whether
such bribe or promise of gain In the nature
of a bribe be offered or accepted before
or after such signing, or any person who
shall sign more nomination petitions than
there are positions to fill In sny kind of
offices, shall be guilty of a misdemeanor.
Any person committing any of the acta
herein declared unlawful shall be deemed
guilty of a misdemeanor and upon convlo
tlun thereof be punished by Imprisonment
In the county jail not less than one nor
niore than six months.
1 Any act declared an offense by ths
general laws of this stats concerning cau
cuses and elections shall also In like case,
be an offense in all prlmariea and shall
be punished In the same form and manner
as therein provided, and all the penalties
and provisions of ths law as to such cau
cuses and elections, except as otherwise
provided, shall apply In such caae with
equal force, and to ths same extent as
trough fully set forth In this act.
I Any person wno shall forgs any nomi
nation paper shall be deemed guilty of
fora-ery. and on conviction punished ao
cordlngly. Any persons who, being In
roest-sslon of nomination papers entitled to
he filed under this act, or any act of the
legislature, shall wrongfully slther sup
press, neglect, or wilfully fall to cause to
f nled at the proper time In ths proper of
fice, shall on conviction, be punished by
Imprisonment In the oounty Jail not to
exceed six months, or by a fine not to ea
rned five hundred dollars (Iboi.OO) or both
by such fine and Imprisonment in the dis
cretion of tha court.
Section Oeneral Election Ltwi so
Apply Tho provisions of the siatutes
row In force In relation to the holding of
elections, vi. e auucuauun vs wide vw
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polls, the challenging- of voters, the manner
of conducting elections, of counting the bal
lots and making returns thereofT and all
other kindred subjects, except contests,
shall apply to all primaries Insofar as
they are consistent with this act, ths In
tent of this act being to pines ths primary
under ths regulation and protection of the
laws now In force as to elections.
Section 39. All nominations for candidates
of any political party for office to be filled
at a special election or any other ofllce
to be filled by the electors, excepted
from the provisions of this act, shall
be nominated by a convention or com
mittee of their political party, which
nomination shall bs in writing, shall
contain the name of the office for
which each person was nominated, ths name
and residence of each person and, if In a
city, the street, number of residence, and
place of business, If any, and ahall desig
nate In not more than five words, the party
which said convention or committee
represents. . It shall be signed . by
a presiding officer and the secre
tary of such convention or committee, whs)
shall add to' their signatures their respec
tive places of business and take an oath
before a qualified officer to administer
ths sams. that ths affiants were such offi
cers at such convention or committee, and
that said certificate; and ths statements
therein contained, are true to the beat of
their knowledge and belief. Such certificate
of nomination of candidates for office to
be filled by the voters of ths entire state,
or any division or district greater than a
county, Including candidates for congress
or any party action taken relative to any
proposed constitutional amendment, shall
ne filed with the secretary of state, ex
cept as In this act otherwise provided.
Such certificate of nomination for all
county, district, township or precinct
offices. Including memr? of both branches
of ths legislature, n Xie filed with the
county clerk of the respective counties
wherein the officers are to be elected, snd
In case the legislative districts from which
ths candidate Is to be elected embraces
mors than one county, then and In that
case, the certificate shall be filed with ths
county clerk of esch oounty Included In
such district; certificates for nomination
of tha Judge of the district court shall be
filed with ths secretary of state; certifi
cates for nomination of municipal officers
shall Im filed with the clerk of such mu
nicipal corporation wherein the officers are
to be elected.
It is the Intention that the manner Dte
vlried In this section for ths nomination of
officers 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
officers or members of school boards not
members of boards of education.
Section 40 'When nominations are made
by a convention or committee, aa provided
for In section 89 of this set. ths certifi
cates of nomination to bs filed with ths
secretary of stats shall be filed not less
than twenty-five days before the day fixed
by law for the election of the persons In
nomination, and ths certificates of nomina
tion herein directed to be filed with county
clerk shall be filed not less than twenty
davs befors election, and the certificates of
nomination herein directed to be filed with
the municipal clerk shall be filed not less
than fifteen dsys 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 ro,ulri.
Section 41 Whenever any person nomt
nntrd for public office, as In this act pro
vided, shall at least fifteen days before
election notlfv the officers with whom the
original certificate of nomination was filed
or If nominated at a primary election, as
In this act provided, snd ths office for
which he was nominated was an o flics 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 county where such office Is to be voted,
or If a municipal office ths clerk of the
city or vlllsse, by a statement In writing
by him and duly acknowledged that he de
clines the nomination, the sams 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 mall or
otherwise, on or more persons whnss
names are attached to the original certifi
cate of nomination (provided he was nomi
nated by a convention or committee), or If
nominated at a primary election, as pro
vided for In this act, the chairman or sec
retary of ths campaign or J-arty committes
of his political party, If there bs one. and
If not, at least tnree of the prominent mem
bers of bis political party in the state, that
he has declined sucn nomination by mail
ing or delivering to them personally notice
of such fact, snd three days shall be given
such party committee or convention to
Dominate a person to fill such vacancy.
Section 42 All certificates of nomination
or nomination statements which are In ap
parent conformity with the provisions of
this set shall be deemed to be valid unless
objections thereto shall be duly made In
writing within three days after the filing of
the stuns. In case suun objection Is made
notice thereof shall forthwith be mailed
to all cand'datss who mav be affected
thereby, addressed to them at their re
spective places of resldencs as given In
the certificate of nomination or In the
nomination affidavits of such persona
on file In that office. Objections v ta
the use of party name may alo be made
and passed upon In tha sams manner as
otuecilona to certificates and nomination
Statements.
Ths officer with whom the original cer
tificate was filed, or who made an affidavit
to the orlginnl nominating statement, shall.
In ths first Instance, pass upon ths validity
of such cbjectlon. and his decision shall bs
final, unless an order shall Pe mads lu the
matter hy a county court, or by a judga
of ths district court, or by a Justice of ths
supreme court at chambers, on or before
thi- second Wednesday preceding the elec
tion. Such order may be mude summarily
upon application of any party Interested,
and upon such notice as the court or Judge
may require. TUe decision of the seqieiaxy
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of state, or the order of the Judge or su
preme court Justice revising such decision,
shall be binding on all other county, mu
nicipal or other officers with whom cer
tificates of nomination are filed.
Section 48. In case of a division of any
party, the secretary of state shall give th
preference of party name to the convention
held at the time and place designated in
the call of the regularly constituted party
authorities, snd If the other faction or fac
tions shall present no other party name,
the secretary of state shall select a name
or title and place the same on the ballot
before the list of candidates of said faction.
The sctlon of the preceding national
convention of such party, regularly called,
shall determine the action of the secretary
of state, or the court in Its decision. The
secretary of state may be compelled by
peremptory order of mandamus proceed
ings, to perform his duty Jn this regard.
Section 44. No person shall be entitled to
or allowed to file a nomination certificate as
provided for In this act, or to have his
name placed upon a primary election ballot
for any primary election to be held, un
less 4be political party which -he states in
said affidavit he affiliates with, polled at
the last election before the primary elec
tion to bs hsld, at least 1 per cent of tha
entire vote In the stats, county or subdivis
ion or district for which he seeks the
nomination for office In.
sotlon 40. I. Electors May Torm a Vsw
srty They shall not adopt the name of
any old political party or any word forming
a , irt of such name. In order to form a
m party there shall be present at a mass
convention electors to the number of at
least five hundred. (500) In a state conven
tion, one hundred (100) In a congressional
district or county convention, or twenty
five (26) In any precinct, city, village or
ward convention, except In cities or coun
ties having a population of fifty thousand
(60,000) or more, at least two hundred (200)
shall be required to Dartlclpate.
1 Such ' convention snail adopt a party
nams and electors at least to ths number
respectively above mentioned, and electors
to at least the number speclfiel shall sign
an agreement to form such new party and
support Its nominees at the next election.
and upon filing such written agreement
with ths secretary of state, county, city,
or village clerk, as ths case may be, to
gether with an affidavit of some qualified
elector that he saw all of the persons
whose names are signed to such agreement
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subscribe the same and he verily believe
them all to be qualified electors. Such
new party shall be entitled to hsve a sep
arate party ballot at ths next primary
election held thereafter, provided that its
candidates for nomination shall be re
quired to file nomination papers signed by
at least 60 per cent of those who subscribed
the agreement to form such new party.
Section 47. 'When the name of a candi
date appears on a petition presented by a
political party or members thereof with
the required number of signers and It Is
expressly stated In said petition that the
candidate Is a candidate of two or more
parties, each of which shall be entitled to
nominate a candidate, then It ahall be the
duty of the officer making up the ballot
to place the name of such candidate or
candidates upon the ballot In the same
manner as now provided for In th general
election law for ballots at the general
election.
Section 48. Th secretary of state shall
cause to be preserved in his office for tha
period of one (1) year a copy of all nomi
nating statements and certificates of nomi
nation filed .therein., under the pvoylelone of
this act,, snd each county ana municipal
clerk Shall cause to be preserved in his
office for the period of two (2) years, all
nominating statements and certificates of
nomination filed therein undor tha
provisions of this act. All . such
nominating statements and certifi
cates shall, at all reasonable hours, be
open to public Inspection.
Section 4. That sections 6T14, 6716, 6716.
6717, 6718, 6719. 5;a, 6721, 6722, 6no, 5n1, 6802,
Saoj, 604, 6Hi. 607, 60. 6te, 6810, 6S1L 6767.
67ti8, 6770, 6771, 6772,. 6773, 6774, 6776, 6776. of
Cobbey's annotated statutes of Nebraska
of the years 1903, 6811al to 6811hl Cobbey s
supplement for the year 1906, ss the same
now exlet, and all acts or parts of acts In
conflict with the provisions of this act, be
and the some are hereby repealed.
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