fore the district court. May be ap pealed to the su preme court. in the manner that civil actions are tried by the court. Said contest shall be brought on for hearing and the cost therein taxed by said district court in the manner that To be heard becivil actions are conducted. Said district court at the next general or special term, after the expiration of thirty (30) days after the votes are canvassed, shall hear and determine the contest; and the judge of the said court, in case no general or special term occur within ninety (90) days after the canvass of the votes, shall appoint a special term of said court, to convene within ten (10) days after notice of such contest shall be given to him. When the judgment or decision of the district court shall be removed to the supreme court, the party removing the same shall file in the district court in a bond to the opposite party, in such sum not less than five hundred (500) dollars, and with such sureties as shall be approved by the judge, conditioned for the payment of all costs incurred by the respondent in case the appellant fail on his appeal. The return on said appeal shall be made, settled, certified and filed in the supreme court within fifteen (15) days after the date of service of notice of appeal, and upon perfecting said appeal the same may be brought on for hearing and determination before said supreme court at any time when the same shall be in session, and upon ten (10) days' notice from either party; and the same shall be heard and determined in a summary manner. Such notice of hearing may be served during the term or in vacation. This act shall not apply to any case now pending. SEC. 96. After a contest has been instituted, either party to the contest shall have the right to have the ballots referred to inspected for the purpose of enabling him to prepare his contest for trial; and, upon application by such party to the district court, upon a verified petition stating that he cannot prepare his case for trial without an examination and inspection of the ballots cast at the preceding election, the judges of said court shall appoint three (3) persons, one (1) to be selected by each of the parties to the contest, and these to select a third, to whom the inspection and examination of said ballots shall be referred; Provided, That said inspection and examination shall be had and conducted in the presence of the proper custodian of the ballots; and Provided further, That the party making such application shall file with the clerk of the district court a bond in the sum of two hundred and fifty (250) dollars, with two (2) sureties, to be approved by the judge of said court, conditioned that he will pay the cost and expense of such examination and inspection, in the event that he shall fail to maintain his contest. Should either party to the contest neglect or refuse to name the persons to whom said inspection shall be referred on his part, such person shall be selected and appointed by the judges of the district court to whom the application The ballots may be inspected. Contesting county seat election. is made. On the trial of any contested election for any of the offices in the eighty-sixth (86th), ninety-first (91st) or ninety-fifth (95th) sections of this chapter named, the parties to the contest may introduce written or oral testimony, but no depositions shall be read at such trial, unless the other party has reasonable notice of the time and place of taking the same. SEC. 97. In any county in which there is a vote for the removal of the county seat, or changing the county line of said county, or upon any other subjects which by law may be submitted to the vote of the people, any elector therein may contest the validity of such election as to the right of the place declared to be selected for the county seat to be such; or as to the result when the proposition to remove a county seat is declared defeated, or as to any county line declared established by said vote; or as to the result of any vote upon any subject submitted as aforesaid. Such elector shall give notice in writing of such contest to the county commissioners, or one (1) of them, in the county in which said vote was taken, by serving copies of said notices personally upon said commissioners within thirty (30) days after the result of said vote is declared or proclaimed. Such notice shall specify the points on which said election will be contested, and a copy thereof shall be filed with the clerk of the district court of the proper county within ten (10) days after the service thereof upon a county commissioner; and the district court at its first general or special term shall hear and determine on such contest upon the oral and written evidence of the parties; and depositions may be taken by any of the parties to the proceedings in the same manner as in civil actions, but no appeal to said district court shall be necessary in any such case. Such commissioners, or, upon their failure, any elector of the proper county, may appear and defend in such contest, and introduce evidence as in other actions. Term of office. elected to fill vacancy. GENERAL PROVISIONS. SEC. 98. The regular term of office of all state and county officers shall commence on the first (1st) Monday of January next succeeding their election, unless otherwise provided by law. SEC. 99. Any state, county or district officer elected or Term of officer appointed to fill a vacancy shall qualify and enter upon the duties of his office immediately thereafter; and, when elected, hold the same during the unexpired term for which he is elected, and until his successor is appointed and qualified; but if appointed to he shall hold his office until the next general election, when his successor for the remainder of the unexpired term shall be chosen, and until his successor is elected and qualified. on election day. SEC. 100. During any day on which any general, No civil process special, town or charter election is held, no civil process shall be served upon any elector entitled to vote at any election. SEC. 101. The secretary of state shall provide uniform blanks for making lists or registers, required by law, and affidavits and all other blanks necessary to be used in the several election districts at any election; he shall also provide copies of this law and transmit the same to the auditor of each county at least thirty (30) days before any election, and the auditor shall forthwith deliver the clerk of every town and city in his county the necessary copies of each of said blanks, and one (1) copy of the said law for each election district in his town or city. Blanks to be furnished by secretary of state. SEC. 102. Fees. Every auditor, chairman of the board of county commissioners and justices of the peace shall Fees to officers. receive for services performed under this chapter the following fees: For making the statements for every one hundred (100) words, eight (8) cents; for every certificate, with seal attached, to statements, thirty (30) cents, which fees shall be allowed by the board of county commissioners of the proper county and paid by the county treasurer upon the warrant of the county auditor. turns. SEC. 103. There shall be paid out of the county treas- Payment for ury of each county, to the person carrying the returns of carrying reelection to the auditor of the county, the sum of ten (10) cents for every mile necessarily traveled in going to and returning from the office of the county auditor for the purpose of carrying such returns; this provision to extend to unorganized counties, and to be paid out of the treasury of the county to which they are attached. All fees for carrying election returns shall be audited and allowed by the board of county commissioners of the proper county in the same manner as other claims are allowed, and may be paid upon the warrant of the county auditor. presidential SEC. 104. Each presidential elector attending at the Payment to seat of government, as provided in this act, shall receive electors. three (3) dollars for every day's attendance, and three (3) dollars for every twenty (20) miles traveled in going to and returning from the seat of government, estimated from his place of residence, by the most usual route. sums shall be allowed by the auditor upon the certificate of the governor, and paid by the state treasurer out of any money in the treasury not otherwise appropriated. Such SEC. 105. At all elections to be held under this chapter Payment to the judges and clerks of election shall receive as compen- clerks of eleojudges and sation for their services the sum of three (3) dollars each tion. per day, and all special constables the sum of two (2) dollars each per day, and such fees and the expenses of providing ballot boxes and polling places shall be borne by the several townships, cities and villages where the election is saloon or bar room. conducted; but the said judges and clerks shall not be allowed any pay except for actual services on registration and election days. SEC. 106. Regulations, Prohibitions, Penalties.- No elecNo election in a tion shall be held, nor shall any election be appointed to be held, in any saloon or bar-room, or in any room contiguous with or adjoining thereto. Should any place be designated or appointed for holding an election in violation hereof, or become subject to such objection after having been so designated, the judges of election shall have power, and it shall be their duty, on or before the day of such election, and before the opening of the polls on such day, to procure a suitable place as near thereto as may be not subject to like objection. Said judges of election shall meet at the place first designated, at the time for opening the polls, and after any vacancies in their number shall have been filled, adjourn to the place chosen by them, and at the time of such adjournment give public notice by proclamation to the electors present of such change, and post in a conspicuous manner notice of the place where such election shall be held, and all expense attending such change shall be certified by such judges to the proper authorities, and shall be allowed and paid accordingly. No liquors shall No saloon or bar-room shall be open on election day Care of ballots. Νο SEC. 107. Any person or persons introducing in any way, upon election day, into a place where an election is being held any spirituous liquors, and any judge or clerk of election drinking any such liquors in such place, or being intoxicated therein, upon election day, shall be deemed guilty of a misdemeanor, and, upon conviction thereof be fore any court of competent jurisdiction, shall be punished by a fine not exceeding one hundred (100) dollars, or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment, in the discretion of the court. spirituous, malt or intoxicating liquor shall be sold or given away, nor shall any store, saloon or bar-room where such liquor is sold or given away be open on any general or special election day from the hour of five (5) o'clock in the forenoon to the hour of eight (8) o'clock in the afternoon. Whoever violates the provisions of this section shall be fined not less than one hundred (100) dollars nor more than three hundred (300) dollars for each offense. It shall be the duty of the mayor, sheriff, constable and other officers and magistrates to see that the provisions of this section are enforced, and it shall be the duty of the mayor on the day next preceding any election to issue a proclamation that the provisions of this section will be strictly enforced. case the mayor fail to perform the duties herein described, he shall be subject to a fine of one thousand (1,000) dollars, or imprisonment in the county jail for sixty (60) days, or both, in the discretion of the court. In SEC. 108. If any judge or clerk of election, or any other officer, or any other person required by this chapter to keep safely and produce the ballots intrusted to him on the day of election, or to perform any act or thing whatever, shall willfully fail or refuse to perform such act or thing, or shall be guilty of any fraud, corruption, partiality or misbehavior in canvassing or making any returns of votes, or shall wrongfully refuse to make or deliver any certificate of election, or shall willfully perform any act or thing falsely or corruptly in any manner, he shall be guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than six (6) months nor more than one (1) year, or by a fine of not less than five hundred (500) dollars nor more than two thousand (2,000) dollars, or both, in the discretion of the court. The provisions of this section to apply in all cases coming within the provisions of this chapter where other punishment is not specifically provided for. closing the vote of an election. SEC. 109. Any judge of election, person marking the Penalty for disvote of an elector, or any other person who discloses to any person the name of any candidate for whom such elector has voted, or shall mark the vote of an elector in any other manner than directed by such elector, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than thirty (30) dollars nor more than two hundred (200) dollars, or by imprisonment in the county jail not less than ten (10) nor more than ninety (90) days, or both such fine and imprisonment, in the discretion of the court. plies. SEC. 110. No person shall, during the election, remove Misdemeanor or destroy any of the supplies or other conveniences placed for removing or in the booths or compartments aforesaid for the purpose of destroying supenabling the voter to prepare his ballot. No person shall, during an election, remove, tear down or deface the cards printed for the instruction of voters. Any person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor. SEC. 111. Whoever shall willfully take or carry away from the place where has been deposited, or shall deface or mutilate, damage or add to, any poll book, ballot, list or register, or any name or figure therein, shall, on conviction thereof, be fined in a sum not exceeding one thousand (1,000) dollars, or be imprisoned in the state prison not longer than one (1) year, or both, in the discretion of the court. SEC. 112. Any person who shall take or deface any list of names posted by any board of registration as hereinbefore provided for, shall be guilty of a misdemeanor, and, on conviction thereof, be punished by a fine of fifty (50) dollars, or be imprisoned in the county jail for a term of sixty (60) days, or both, in the discretion of the court. SEC. 113. Whoever aids, assists, counsels or advises another to vote, knowing that such person is not duly qualified to vote at the place where and at the time when the Penalty for will ful injury to poll books, ballots, t etc. |