ing; and no prosecution, action or proceeding shall be dismissed without notice to, or against the objection of, such associate counsel until the reasons of the county attorney for such dismissal, together with the objections thereto of said associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court, with such limitation as to the time of filing such reasons and objections as the court may impose.

Twenty-five voters may contest right of nomination on ground of violation of this act.-Sec. 33. Any twenty-five voters of the state, or of any political division thereof, may contest the right of any person to nomination, position, or office for which said voters had the right to vote, on the ground of deliberate, serious and material violation of the provisions of this act or of any other provisions of law relating to nominations and elections. Any defeated candidate for said nomination, position or office may make said contest. Said procedure shall be commenced by petition filed in the district court of the county in which the candidate whose election is contested. resides, and the contest shall be carried on according to law.

In case of contests over nominations, the court shall pronounce whether the incumbent or contestant was duly nominated, and the person so declared nominated shall have his name printed on the official ballots.

District court to determine merits of case.-Sec. 34. When upon the trial of any action or proceedings under this act it shall appear from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, or was committed without his sanction or connivance, and that all reasonable means were taken by such candidate at such election, or were taken by or on behalf of the candidate, or that the offenses complained of were trivial, unimportant or limited in character, and that in all respects his candidacy and election were free from all offensive or illegal acts, or that any act or omission of any candidate complained of arose from accidental miscalculation or from some other reasonable cause of like nature, and in any case did not arise from any want of good faith, and under the circumstances it seems to the court to be unjust that the candidate shall forfeit his nomination, position or office, then the nomination or election of such candidate shall not by reason of such offense complained of to be void, nor shall the candidate be removed from nor deprived of his nomination, position or office.

Contest to commence within ten days after primary or thirty days after a general election.-Sec. 35. Any proceeding under this act contesting any nomination or election must be commenced within ten days after the day of the primary or thirty days after a general election, unless the ground of action is discovered from the statements filed under this act, in which event the action must be commenced within ten and thirty days after such discovery, respectively. Any proceeding to annul any nomination or election of any person for office mentioned in this act, must be filed in the district. court of the county in which the person resides whose right to the nomination, position or office is contested.

Disqualification of candidate.-Sec. 36. A candidate elected to an office, and whose election thereto has been annulled and set aside for any offense mentioned in this act, shall not, during the period fixed by law as the term of such office, be appointed to fill any vacancy which may occur in such office. A candidate or other person who is removed from or deprived of his office for any offense mentioned in this act, shall not, during the period remaining as the unexpired term of such office, or during the period fixed by law as the next ensuing term of such office, be appointed to fill any vacancy which may occur in such office. Any appointment to an office made in violation of or contrary to the provisions of this section shall be void.

One provision of act not to invalidate remainder. Sec. 37. In event that any provision or paragraph or part of this act shall be questioned in any court and shall be held to be invalid, the remainder of the act shall not be invalidated, but shall remain in full force and effect.

Criminal procedure.-Sec. 38. (1) If any person shall in a criminal action be judged to have been guilty of any violation of this act while a candidate for any office under the constitution or laws of the state, or under any ordinance of any town or municipality therein, other than the office of state senator or member of the house of representatives, the court shall, after entering the adjudication of guilty, enter a supplemental judgment, declaring such person to have forfeited the office in the conduct of the campaign for the nomination or election to which he was guilty of such violation, and shall transmit to the filing officer of such candidate a transcript of such supplemental judgment, and thereupon such office shall be deemed vacant and shall be filled as provided by law.

(2.) If any person shall, in a criminal action, be adjudicated guilty of any violation of this act, committed while he was a candidate for the office of state senator, member of the house of representatives, United States senator, or representative in congress, or while he was a member of the personal campaign committee of any such candidate, the court, after entering such adjudication, shall forthwith transmit to the presiding officer of the legislative body as a member of which such officer was a candidate when such violation occurred, a certificate setting forth such adjudication of guilty.

Employment of counsel.-Sec. 39. Nothing contained in this act shall prevent any candidate from employing counsel to represent him in any action or proceeding, affecting his rights as a candidate, nor from paying all costs and disbursements necessary incidental thereto. No sum so paid or incurred shall be deemed a part of the campaign expenses of any such candidate.

Construction of terms.-Sec. 40. The following words and phrases as used in this act shall be construed as follows:

(1) Any act shall be deemed to have been for "political purposes" when the act is of a nature, is done with the intent, or is done in such a way, as to influence or tend to influence, directly or indirectly, voting at any primary or election or on account of any person having voted, or refrained from voting, or being about to vote or refrain from voting at any election or primary.

(2) The term "candidate" shall mean and include every person for whom it is contemplated or desired that votes may be cast at any election or primary, and who either tacitly or expressly consents to be so considered, except candidates for president and vicepresident of the United States.

(3) The term "disbursement" shall mean and include every act by or through which any money, property, office or position or other thing of value passes or is directly or indirectly conveyed, given, promised, paid, expended, pledged, contributed or lent, and also any money, property, office or position or other thing of value so given, provided, paid, expended, promised, pledged, contributed or lent.

(4) The term "filing office," when used with reference to any candidate, shall be construed to mean the officer who is authorized by law to a certificate of nomination or election to such candidate if he be successful. If there be no officer authorized to issue such

certificate of nomination or election, then such term shall be construed to mean the clerk of the town, city or village in which such candidate resides.

(5) The term "primary" shall mean and include any primary election law held under the general election laws of this state.

(6) The term "election" shall mean and include all general, special or other elections, provided for under the general election laws of the state, or under the election laws governing any election in any district, county, town, city, village or other municipality therein.

(7) The term "personal campaign committee" shall mean any committee appointed by a candidate at any primary election.

(8) The term "party committee" shall mean any committee appointed or elected to represent any political party with a party organization in this state.

(9) Every two or more persons elected or appointed by any political party or association for the purpose, wholly or partly, of raising, collecting, or disbursing money, or directing the raising, collecting or disbursing thereof, for nomination or election purposes, and every two or more persons who shall co-operate in the raising, collecting, or disbursing of money used, or to be used for or against the election to public office of any person or any class or number of persons, or for or against the adoption of any law, ordinance, or constitutional amendment, shall be deemed a "political committee" within the meaning of this chapter.

(10) The term "committee" shall mean any personal campaign committee, party committee, or political committee unless the intent is clearly shown to be otherwise.

Penalty for violation.-Sec. 41. Any person violating any provisions of this act except as otherwise provided herein, shall upon conviction thereof be punished by imprisonment in the county jail for a period of not less than one month nor more than one year, or by imprisonment in the state prison for a period of not less than one year nor more than three years, or by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by both such fine and imprisonment; and no person so convicted shall be permitted to take or hold office to which he was elected, if any, or receive the emoluments thereof.

Ten thousand dollars appropriated for use of Attorney General in enforcement of act.-Sec. 42. That the sum of $10,000.00 or as

much of the same as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the fiscal year ending July 31, 1913, and biennially thereafter, the same to be placed at the disposal of the Attorney General for the purpose of enforcing the provisions of this act.

Certain sections repealed.-Sec. 43. Sections 348 to 358, Revised Laws of Minnesota for 1905, and all other acts or parts of acts inconsistent with the provisions of this act, except as herein provided, are hereby repealed.

Approved June 20, 1912.

CHAPTER 4-H. F. No. 25.

An Act to authorize villages and cities of the third and fourth class to aid in the purchase of sites for and the construction and erection of armories.

Be it enacted by the Legislature of the State of Minnesota :

Certain villages and cities authorized to appropriate money for armories. Section 1. That all villages, also cities of the third and fourth class, when so authorized by a vote of their respective municipalities, are hereby authorized to appropriate a sum of money, not exceeding one per cent of their respective last assessed real estate valuations, to aid in the purchase of sites for and the construction and erection of armories therein, as provided by chapter 302, General Laws 1911.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved June 17, 1912.