5597. Each district a corporation-Powers.

Every district organized under the provisions of this act shall be a body politic and corporate, and shall be known by the corporate name of "Drainage District Number. . . . . . . .of........County," and shall have power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, have and use a corporate seal, and exercise any and all other powers, as a corporation, necessary to carry out the purposes of this act.

History.-Laws 1905, H. R. 224, sec. 37; in force March 29.

ELECTIONS.

5600. General elections-When held.

The general election of this state for the election of officers named in section 7 of this chapter shall be held on Tuesday succeeding the first Monday in November of each even numbered year.

History.—Changed to even numbered years 1905, H. R. 235; in force July 1.

1. Held unconstitutional in State ex rel.

v. Galusha, in June, 1905.

5606. Election of state and county officers.

One (1) Judge of the Supreme Court and two (2) regents of the university shall be elected in the year nineteen hundred six (1906), and every second year thereafter, who shall serve for the term of six years. Judges of the district court shall be elected in the year nineteen hundred eight (1908) and every four years thereafter. The governor, lieutenant-governor, congressman, state-treasurer, auditor of public accounts, secretary of state, attorney general, commissioner of public lands and buildings, superintendent of public instruction, and members of the legislature shall be elected in the year eighteen hundred and eighty (1880) and every second year thereafter. In all counties, one county assessor shall be elected in the year 1908 and every fourth year thereafter. In all counties having a population of 18003 inhabitants or more, to be ascertained by the last census. One register of deeds shall be elected in the year 1906 and every four years thereafter. In counties not under township organization, one (1) county judge, shall be elected in the year nineteen hundred six and every second year thereafter, one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, one (1) county superintendent of public instruction shall be elected in the year nineteen hundred six (1906) and every second year thereafter, and in each precinct two justices of the peace and two (2) constables shall be elected in the year 1906 and every second year thereafter except as hereinafter provided, and one (1) overseer of highways for each road district shall be elected in the year 1906 and every two years thereafter in counties having five (5) commissioners, three (3) commissioners shall be elected in the year 1908 and three (3) commissioners every fourth year thereafter, and two (2) commissioners shall be elected in the year 1906 and every fourth year thereafter. In counties having three (3) commissioners, two (2) commissioners shall be elected in the year 1906 and two (2) commissioners every fourth year thereafter and one (1) commissioner shall be elected in the year 1908 and one (1) commissioner every fourth year thereafter. In counties under township organization one (1) sheriff, one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) county surveyor, one (1) county superintendent of public instruction, and one (1) county judge shall be elected at the first general election occurring on the even numbered years after the adoption of township organiza

tion, and every two years thereafter. At the first general election occurring on the even numbered years in each township after the adoption of township organization, one (1) town clerk, one (1) town treasurer, one (1) overseer of highways in each road district, one (1) justice of the peace and one constable shall be elected at said election, and every second year thereafter, except as hereinafter in this section provided, and at the first general election occurring on the even numbered year after the adoption of township organization in any county, in each city and each village, having one thousand (1000) inhabitants or over, two justices and two constables shall be elected at said election and every second year thereafter. Provided, however, that in all cities of the metropolitan class there shall be six justices of the peace, and six constables for each of said metropolitan cities and no more, and also one police judge for each of said cities of the metropolitan class. And in all cities of the first class having less than eighty thousand (80000) and more than twenty-five thousand (25,000) inhabitants there shall be elected three justices of the peace and three constables for each of such cities and no more. In each county having a population of eight thousand (8,000) inhabitants or more, there shall be elected in the year 1908 and every four years thereafter, a clerk of the district court in and for such county, and in each county having a population of less than eight thousand (8000) inhabitants the county clerk shall be ex officio clerk of the district court and perform the duties devolving upon the officer by law. All county, precinct and township officers created by the statute or that may be hereinafter created shall be elected at such general election as may be provided in the law creating the office or officers.

History. Time changed to even numbered years 1905, H. R. 235, sec. 2; in force July 1. 1. Held unconstitutional in State ex rel. v. Galusha, in June, 1905.

5611

1. It is the duty of the county board to designate polling places. They should select the places reasonably convenient for voters and create election districts to suit their convenience. They have power to locate a voting place outside of the voting district. An elector must vote at the place designated by the county board. Opinions Atty. Genl. 1902-3, 285.

5628

1. The judges of election have no authority to consult their own knowledge or to examine witnesses other than the challengee. Opinions Atty. Genl. 1902-3, 53.

5632

1. The duty of an election board to canvass the votes cast at an election is a political duty plainly described by a positive statute, and can not be enjoined by the courts, and will be compelled by mandamus, notwithstanding an injunction. State ex rel. v. Carlson, · Neb. 101 N. W. R. 1004.

2. A canvassing board acts ministerially and can not go behind the returns to ascertain the intention of voters, nor can

it consolidate votes cast for candidates designated on the ballot by different names. Opinions Atty. Genl. 1902-3, 297.

5645

15. A canvassing board must canvass all the returns of an election, and its duty is not discharged by an incorrect or partial performance. I it refuse to canvass some of the votes and adjourns sine die it may be compelled by mandamus to reconvene and complete the canvass. When the canvassing board discovers an error in its work it may convene, reexamine, and recertify its return. The ballots, though sealed up, may be reopened for the purpose of making a complete canvass. Opinions Atty. Genl. 1902-3, 155.

5769

5714 to 5722. Partially repealed by 5811a.

5766 to 5778. Partially repealed by 5811a.
5778

1. One who took part in nominating a candidate for office by petition can not defeat the nomination by withdrawing his name. Opinions Atty. Genl. 1902-3, 290. 5774

1. In the absence of a special provision the general statute, sec. 1841, applies, and eight days (sec. 5776) should be computed by excluding the day of filing the certificate and including the day of the election. State ex rel. v. Dewey, Neb.; 102 N. W. R. 1015.

2. If all parties interested agree to a change of candidates, and the declination of the first nominee and the nomination of his successor are both filed eight days before the election, the name of the second should be placed upon the hallots. State ex rel. v. Dewey, Neb. -; 102 N. W. R. 1015.

5777

2. The county clerk has authority to let the contract for printing the ballots for a general election. Opinions Atty. Genl. 1902-3, 132.

9. The names of candidates must occur one after the other in a single column. Opinions Atty. Genl. 1902-3, 293. .

10. In an election precinct comprising more than one road district an elector can not vote for a road overseer outside of the district in which the elector resides. Opinions Atty. Genl. 1902-3, 284.

5797

1. A ballot marked only in the fusion circle at the top will count for fusion candidates only. Opinions Atty. Genl. 1902-3, 147.

2. Form of ballots illustrated. Opinions Atty. Genl. .1902-3, 143.

3. The name of the candidate should appear but once on the official ballot. Where a candidate files two certificates, one by a party convention and the other by petition, his name should be placed on the ballot as the nominee of such party alone. Opinions Atty. Genl. 1902-3, 146.

5800

1. A court of equity will not undertake to supervise the acts and management of a political party for the protection of a purely political right. Winnett v. Adams, Neb.; 99 N. W. R. 681.

5800 to 5811. Partially repealed by 5811a.

Secs. 5811a to 5811h'. An act entitled An act to provide for primary elections in counties having a population of more than 125,000 inhabitants and to regulate the same, to provide for the nomination of certain candidates for certain offices at such primary elections; provide for the election of delegates to state and congressional and judicial conventions; to provide for the election of members of the state, congressional, and county committees of the several political parties at such primary election; to provide penalties for the violation of the provisions of this act and to repeal sections 117, 118, 119, 120, 121, 122, 123, 124, 125, [5714 to 5722], 125a, 125b, 125c, 125d, 125e, 125f, 125g, 125h, 125i, 125j, 125k, 125-1, [5800 to 5811], 126, 127, [5766, 5767], 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, and 140 [5768 to 5778] of chapter 26 of the Compiled Statutes of Nebraska for 1903 so far as the same conflicts with the provisions of this act and all acts and parts of acts in conflict herewith. Thomas's primary bill. 1905, S. F. 42; in force July 1.

5811a. Definition and construction.

The words and phrases in this act shall, unless the same be inconsistent with the context, be construed as follows: The word "primary," the primary election. provided for by this act; The word "election," a general or city election, ast designated from a primary election; The words "November election," the general election held in November; The word "precinct," a district established by law within which all qualified electors vote at one polling place. This statute shall be liberally construed so that the real will of the electors may not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary or certifying to the result thereof.

History.-Laws 1905, S. F. 42, sec. 1; in force July 1.

5811b. Candidates-How nominated.

Hereafter all candidates for elective offices and delegates to Judicial and Congressional and State Conventions, in all counties having a population of more than 125,000 inhabitants, except those expressly exempt from the provisions of this act, shall be nominated: 1. By a primary held in accordance with this act, or 2. By nomination papers, signed and filed as provided by existing statutes. 3. This act shall not apply to special elections to fill vacancies. History-Laws 1905, S. F. 42, sec. 2; in force July 1.

5811c. Primaries-When and where held.

There shall be a primary election held at regular polling places in each precinct on Tuesday, 7 weeks preceding the general election in November, 1905 and annually thereafter on Tuesday, 7 weeks before the general election in November, for the nomination of all candidates, except those exempt from the provisions of this act, to be voted for at the November election, and said day shall be the first day for the registration of voters in all cities and such counties where registration is required. Any primary other than that provided for above shall be held on Tuesday, four weeks (4) before the election, except primaries for the election of delegates to District and State Conventions, which primaries shall be held seven weeks prior to said convention.

History.-Laws 1905, S. F. 42, sec. 3; in force July 1.

5811d. Notice of primaries-How given.

At least sixty days before the time of holding such primary the County Clerk shall publish a notice designating the offices for which candidates are to be nominated once each week, for three consecutive weeks in at least two and not to exceed four newspapers of general circulation published in said county, and shall cause notice of such primary to be posted at the regular polling place in each precinct in his county; such notice shall state the time when and place where the primary will be held in each precinct therein, together with the offices for which candidates are to be nominated. In case of city election, the city clerk shall cause one publication of such notice to be given in two papers, and shall also post such notice at the regular polling place in each election precinct, such publication and posting to be not more than twenty and not less than ten days. before such primary election.

History.-Laws 1905, S. F. 42, sec. 4; in force July 1.

5811e. Nomination papers-How prepared and signed.

at.

The name of no candidate shall be printed upon an official primary ballot unless at least 30 days prior to such primary he shall have filed a written application with the proper authority in substantially the following form: I, the undersigned, qualified elector, of........precinct, (or ward), of........ County, (or City), in the State of Nebraska, affiliating with the........party and residing .hereby request that my name be placed upon the official primary ballot of the said party for the primary election to be held on the........ Tuesday in September........year, as a candidate for the office of. and I pledge myself to abide by the results of said primary election. Said nomination papers shall be filed. For offices elective wholly in one county, except city offices, in the office of the Clerk of such county. For City offices and for members of Boards of Education in the office of the City Clerk. The fees for filing shall be computed at one per cent of the emoluments authorized by law for the office to which said candidate aspires, during the term for which he would serve, if elected, to be paid at the time of filing the petition, as follows: If voted for in only on:

county, to the county treasurer. If voted for only in a city, to the city treasurer thereof. Proviso. That no filing fee shall be less than ten dollars, except for offices without emolument, in which case there shall be no filing fee, except delegates to a convention shall pay a filing fee of fifty cents for each delegate. History.-Laws 1905, S. F. 42, sec. 5; in force July 1.

5811f. When entitled to a separate ticket.

Any political organization which at the last preceding general election was represented on the official ballot by either regular party candidates or by individual nominees only, may, upon complying with the provisions of this act, have a separate primary election ticket as a political party, if any of its candidates or individual nominees receive one (1) per cent of the total vote cast at the last preceding general election in the state, or sub-division thereof, in which the candidate seeks the nomination. Nomination papers may also be filed for nonpartisan candidates.

History.-Laws 1905, S. F. 42, sec. 6; in force July 1.

5811g. Nomination papers-Where filed.

All nomination papers for officers or delegates to be voted for wholly within the county, except city officers shall be filed in the office of the County Clerk of such county. For city officers, in the office of the City Clerk.

History-Laws 1905, S. F. 42, sec. 7; in force July 1.

5811h. Primary election ballot.

The method of voting at such primary election shall be by ballot, and all ballots voted shall be printed as herein provided. On the 14th 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, 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; he shall then proceed to have printed a separate primary election ballot for each political party which has qualified as herein provided. Each party ticket shall be absolutely uniform in color and size, shall be white and printed in black ink and in form as follows:-LEGISLATIVE.