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No officer shall issue certificate of nomination to any person who is a candidate in said primary until the votes cast under the provisions of this Act have been returned, counted and canvassed as herein provided.
After the canvass has been completed in compliance with the provisions of this Act, certificates of nomination shall be issued to the persons entitled to receive the same by the officers whose duty it is to issue such certificates.
Sec. 11. Canvass of vote at general election.—The canvass of the ballots cast under the provisions of this Act at any general election shall commence at twelve o'clock noon on the First Monday following the election. The Commission shall canvass all ballots received by it up to midnight of the day on which the election is held. Upon the completion of said canvass the Commission shall adjourn and take a recess until the Fourth Tuesday after the First Monday succeeding the general election, and shall then reconvene for the purpose of counting and canvassing all ballots cast by absent voters who were outside of the Continental United States on the day of the election, which ballots have been received by the Commission prior to midnight on the Fourth Monday succeeding the election. Upon the completion of said canvass the Commission shall send a certified copy of the abstract of the vote cast to the various officers and parties whose duty it is to issue certificates of nomination to candidates for office. A certified copy of this abstract of the vote cast on all county officers in the several counties of the State shall, so far as relates to each of the several counties, be sent to the county clerk or other officer whose duty it is in each of said counties to issue certificates of election; a certified copy of the abstract of the vote cast on all offices in each of the several subdivisions larger than a county, so far as relates to the offices in said subdivision, shall be sent to the proper officer or board whose duty it is to issue certificate of election; certified copy of the abstract of the vote cast, in so far as relates to all officers to whom the Secretary of State issues certificates of election, shall be sent to the Secretary of State. The various county clerks, county canvassing boards, Secretary of State, state canvassing board, and all officers on whom the duty of canvassing votes has been placed by law, shall proceed to can
Canvass by Election Commission
vass the vote cast under the provisions of this Act in the same manner as is now provided for canvassing of votes at any general election. No canvassing board shall complete its canvass until the ballots cast under the provisions of this Act have been returned, counted and canvassed as herein provided. No officer shall issue any certificate of election until the ballots cast under provisions of this Act have been returned, counted and canvassed as herein provided. After the ballots cast under the provisions of this Act have been returned, counted and canvassed as herein provided, certificates of election shall be issued to the persons entitled to rceive the same by the various officers whose duty it is to issue such certificates.
Sec. 12. Canvass by state election commission. In canvassing the votes cast under the provisions of this Act the State Election Commission shall open, in the presence of each other, the cnvelope addressed to the State Election Commission, and shall thereafter examine the name and affidavit of the voter that appears on the red envelope. If the voter has signed the affidavit in compliance with the provisions of this act and it appears to the Commission that he is entitled to cast his ballot, said Commission, in the presence of each other, shall open the red envelope and examine the ballot or ballots therein inclosed for the purpose of ascertaining whether or not said ballot is one that was sent out by said Commission. If the ballot or ballots inclosed is one that has been sent out by the Commission, the Commission shall deposit the same in a suitable ballot box. It is not necessary that all the ballots be placed in the same ballot box, but the Commission shall so proceed as to protect the secrecy of the ballot. In canvassing the votes cast under the provisions of this Act, the laws relating to the duties and powers of judges, and clerks of election, and election boards generally, shall, in so far as applicable apply to the State Election Commission. In case there is a conflict, the provisions of this Act shall govern.
Sec. 13. Care of soldier votes.-All envelopes addressed to the State Election Commission containing ballots cast at any primary or general election shall be from the time of delivery until the votes are canvassed under the absolute and exclusive control of the State Election Commission. Said Commission shall make
whatever provision is necessary to properly care for said ballots and to prevent the loss of any of said ballots or any tampering therewith.
Sec. 14. Construction of Act.-No informality in the manner of carrying out the provisions of this Act shall invalidate the election held under the same or authorize the rejection of the returns thereof, and this Act shall be liberally construed for the purposes herein expressed. All elections held under the provisions of this Act shall be subject to contest and inquiry in the same manner as elections held within this State.
Sec. 15. Penalties.-All the provisions of the penal laws relating to crimes against the elective franchise shall be deemed to apply to all elections held under the provisions of this Act. Any person who shall violate any such provisions shall be subject to the penalties prescribed by the laws of this State. The duties imposed upon officers under the provisions of this Act are mandatory and any officer who shall fail or neglect to perform the duties imposed upon him by the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding Five Hundred Dollars. Where no other penalty is imposed, any person violating any of the provisions of this Act shall be fined not to exceed One Hundred Dollars or be imprisoned in the county jail not to exceed three months.
Sec. 16. Penalties applicable to public officers.—The several officers or persons directed and authorized to conduct elections ander the provisions of this Act shall have like power and they as well as other persons who may be candidates for office at such election shall be subject to like penalties and restrictions as are declared and provided for by law in case of elections within this State, and all provisions of the laws of this State in so far as applicable and not inconsistent with the provisions of this Act shall apply to elections and primary elections held under the provisions of this Act. In the sending of the ballots in this Act provided for nothing shall be inclosed therewith except the matters in this Act provided for.
Sec. 17. Organization and rules of election commission. The State Election Commissioner shall be the chairman of the State
Election Commission. A majority of said commission shall constitute a quorum. The Election Commission shall prescribe such rules and regulations, not inconsistent with the provisions of this Act as may be necessary to carry out the provisions of this Act according to its true intent.
Said Election Commission shall provide all necessary ballots. records, books, forms, blanks, envelopes, stationery, postage, blank forms, and index cards as may be necessary for the proper administration of the provisions of this Act. The said Election Commissioner and his assistants shall transmit to the proper places and to the proper persons all necessary papers, ballots, instructions and pamphlets in strict compliance with the provisions of this Act and shall administer the provisions in such a way as to carry out this Act according to its true intent and purpose.
Sec. 18. Appropriation.—There is hereby appropriated out of the general fund of the State of Nebraska the sum of $25,000.00, or so much thereof as may be necessary to defray the expenses of administering the provisions of this act. The Election Commission shall appoint the necessary clerical assistants to properly administer this Act in so far as it relates to the duties imposed upon said Election Commission and the Election Commissioner. The Governor shall appoint the necessary clerical assistants to properly administer the provisions of this Act in so far as it relates to the duties imposed upon the Governor. The Election Commissioner and the Governor shall fix the amount of compensation to be paid to the said clerks and the same shall be paid out of the appropriation provided for in this section.
Sec. 19. Repeal.—Chapter 177 of the laws of 1917 and all acts or parts of acts in conflict with the provisions of this Act are hereby repealed.
Sec. 20. Emergency.—Whereas, an emergency exists, this law shall be in force from and after its passage and approval.
Approved, April 8, 1918.
(House Roll No. 2.)
[Introduced by Crist Anderson, C. W. Trumble, C. Petrus Peterson, Dennis H. Cronin, Soren Fries, J. N. Norton, James H. Craddock, J. E. Jacobson, Lloyd Thomas, Dwight S. Dalbey, Jacob Sass,
P. B. Neff, J. J. Shannon, George Jackson.] AN ACT to amend Sections 7, 9 and 10 of Chapter 33 of the Laws of Ne
braska for 1917; and to amend Sections 2087, 2091 and 2092 of the Revised Statutes of Nebraska for 1913; and to repeal Sections 2087, 2091 and 2092 of the Revised Statutes of Nebraska for 1913 as they now exist, and repeal Sections 7, 9 and 10 of Chapter 33 of the Laws of Nebraska for 1917 as they now exist.
Be It Enacted by the People of the State of Nebraska:
Section 1. Amendment.—That Section 7 of Chapter 33 of the Laws of Nebraska for 1917, is hereby amended to read as follows:
2077. Section 139. Canvass by County Board—how made: Upon the reception of the returns of each election precinct, township or ward by the county clerk, directed to him as hereinbefore provided, and within six days after the closing of the polls, he, together with two disinterested electors of the county, to be chosen by himself, shall open the poll books and from the returns therein make abstracts of the votes cast, in the following manner: Of votes for governor, lieutenant governor, members of congress, secretary of state, auditor of public accounts, state treasurer, attorney general, commissioner of public lands and buildings, and member of railway commission, on one sheet; of votes for president and vice president on one sheet; of votes for United States senator on one sheet; of votes for judges of the supreme and district courts, regents of the university and the state superintendent of public instruction on one sheet; of votes for members of the legislature from the county alone on one sheet; of votes for mem. bers of the legislature by districts comprising more than one county on one sheet; and of votes for county, precinct and town. ship officers on one sheet.
The foregoing abstracts shall be preserved by the county cerk in his office.
When the canvassing board has completed the canvass heretofore referred to in this Section it shall take a recess until after