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State primary election law, passed in 1912, as amended in 1914, 1916 . Kentucky. 400dpi TIFF G4 page images University of Kentucky, Electronic Information Access & Management Center Lexington, Kentucky 2002 b98-61-43711507 Electronic reproduction. 2002. (Beyond the shelf, serving historic Kentuckiana through virtual access (IMLS LG-03-02-0012-02) ; These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. State primary election law, passed in 1912, as amended in 1914, 1916 . Kentucky. s.n., [Frankfort, Ky. : 1916] 38 p. ; 22 cm. Coleman Caption title. Microfilm. Atlanta, Ga. : SOLINET, 2000. 1 microfilm reel ; 35 mm. (SOLINET/ASERL Cooperative Microfilming Project (NEH PA-23166-98) ; SOL MN08695.12 KUK) s2000 gaun a Printing Master B98-61. IMLS This electronic text file was created by Optical Character Recognition (OCR). No corrections have been made to the OCR-ed text and no editing has been done to the content of the original document. Encoding has been done through an automated process using the recommendations for Level 1 of the TEI in Libraries Guidelines. Digital page images are linked to the text file. Election law Kentucky. Primaries. THE STATE PRIMARY ELECTION LAW, PASSED IN 1912, AND AS AMENDED IN 1914, 1916 "1. Nominations-How Made -Hereafter all candi- dates for elective offices to be voted for at any general election shall be nominated: " 1. By a primary election held in accordance witQ, the provisions of this act or "2. By certificates of nomination signad ard filed as herein provided. The provisionj of t1his Act snpll uat apply to candidates for trustees of commor schools or members of school boards nor to trustees in towns of the fifth and sixth classes nor to candidates for presidential electors, but such candidates for such offices shall be nominated and have their nominations certified as- now, or may be hereafter provided by law. This Act shall not be construed to repeal or affect in any way-an Act en- titled, 'An Act to amend an Act entitled,' 'An Act for the government of cities of the second class in the Com- monwealth of Kentucky,' approved March 21, 1910, Chap- ter 50, Acts 1910. (Section 2 is repealed by Act of 1914.) "3. Time and Place of Holding-On the first Satur- day in August of each year between the hours of 6 o 'clock a. m., and 4 o 'clock p. m., there shall be held at the regular polling places in each election precinct in this State a primary election for the nomination of candidates by political parties as hereinafter defined, to be voted for at the next November election. The provisions of this act shall not apply to vacancies in offices to be filled at special elections held at times other than the regular No- STATE PRIMARY ELECTION LAW. vember elections. Nominations by political parties to fill vacancies at special elections to be held on days other than the regular November election shall be made in such manner as may be determined by the governing authority of such political party in the territory in which said elec- tion is to be held. "4. Unexpired Terms-Candidates for unexpired terms to be filled at the November election shall be nominated at the primary next preceding such November election: Provided, that such vacancy occurred not less than seventy days before the day on which the next primary is to be held But if such vacancy occurred less than seventy days before the primary election, the nomin- ation shall be made in such manner as may be determined by the governing authority of the political parties. In the preparation of ballots hereinafter provided for, candi- dates for full terms shall be grouped together, and can- didates for unexpired terms shall be grouped together on the party ballots, under appropriate headings, so that the voter may easily distinguish the candidates for full terms from the candidates for unexpired terms. " 5. Parties Required to Nominate in the Primary- A political party within the meaning of this Act is an affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, and which at the last preceding election at which presidential electors were voted for, cast at least twenty per cent of the total vote cast at said election in this State. And such political party shall nominate all of its candidates for elective offices to be voted for at the next succeeding general election at the primary election herein provided for, and not otherwise; Provided, that whlen a vacancy occurs after any nomination by death or otherwise, the governing authority of such party may provide for filling such vacancies and making such nominations; and when such 2 STATE PRIMARY ELECTION LAW. nominations have been so made the certificates of nomina- tion shall be signed by the chairman and secretary of the governing authority of the party making same, and shall be filed in the same manner as to certificates of nomina- tion at a primary election. "6. Notification and Declaration-Affidavits, How Prepared and Filed-Any qualified elector who is a mem- ber of a party within the meaning of this Act, and who has affiliated with and supported the nominees of the party at whose hands he seeks the nomination, as defined, elsewhere in this Act, shall have his name printed on the official ballot of his party for any office to which he is eligible in any primary held under the provisions of this Act, upon filing with the proper officer at the proper time, a notification and declaration, which notification and declaration shall be in the following form, and shall be filled in as to all the requirements therein contained, and the declaration therein shall be subscribed and sworn to by the person making same, before any officer qualified to administer an oath. "Said notification and declaration shall be in the fol- lowing form: "Notification and Declaration." Of. ........................... For Nomination to the Office Of . To . .(County Court Clerk or Secretary of State, as the case may be.) Commonwealth of Kentucky, .. County. For the purpose of having my name placed on the official primary election ballot as a candidate for nomination b) the .(name of party) party, I .... (name in full as desired on the ballot) do solmenly swear (or affirm), that I reside at No ... , Street, in the City of ., County 3 STATE PRIMARY ELECTION LAW. of - ., State of Kentucky, and that I am a registered.- (party) voter in . Precinct, City of-- ............. ...... ... that I believe in the prin- ciples of said -- (.............n........ (ame of party) party, and intend to support its principles and policies, and vote for its nominees at the coming general election, and that I have affiliated with such party and that I supported its nominees at the last general election, or was prevented from doing so by reason of ................................-.. (state reason here); that if nominated as a candidate of said................. party at the said ensuing election, I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining or relating to corrupt and fraudulent practice in campaigns or elections in this State, and if finally elected, I will qualify for said office. .. .. -... (Signature of Candidate) Subscribed and sworn to before me by ...... ...... this . .... . . ...........day of . ............. ....., 19....... _ .-.. - (Signature of Officer) (Title of Officer)" The said candidate shall at the time of filing his notifi- cation and declaration file therewith an affidavit of two reputable electors, members of the same party to which the applicant belongs, which affidavit shall be in the following form, and filled out so as to meet all the re- quirements indicated therein: Commonwealth of Kentucky, .- _......- .- . C o u n ty . We, .. ... and . do solemnly swear (or affirm), that we are qualified electors and members of the .....................-... .......... .. (name of party) party, and have affiliated with said party, and supported its nominees at the last general election; that we are residents and legal voters of the City of _.-----.-----..__- County of .............., State of 4 STATE PRIMARY ELECTION LAW. Kentucky; that we are personally acquainted with ........................................ , who files the hereto attached notifica- tion and declaration, and we know him to be a discreet. citizen, and a member of the ................... ............ party, and that to the best of our knowledge and belief, he has affili- ated with and supported said party as defined in the primary election law; that he is a resident of the City, County and State set out in his notification and declara- tion, and we believe him to be qualified to fill the office of ............................................... ................................... ..................... . ... ............... ..... (Signature of affiants). Subscribed and sworn to before me by . ... and ... this . day of . 19. ........................................................................ (Signatu re of Officer) ...................................................................... (Title of Officer). "Said application and declaration, and the accompany- ing affidavits may be on the same or separate sheets, but shall be filed together and at the same time, and when so filed with the proper officer, it shall be the duty of said officer, upon the candidate's compliance with the require- ments of this Act as to payment of fees as elsewhere provided, to have printed the applicant's name on the ballot according to the primary election law, under the penalties provided therein. "7. Time and Place of Filing-For all offices to be voted for by the electors of one county or of a city, dis- trict or subdivision therein, except members of Congress, said nomination papers shall be filed with the County Clerk of such county, at least thirty days prior to the holding of the primary election. For State officers, members of Congress, and for all officers to be voted for by the electors of more than one county, said nomination STATE PRIMARY ELECTION LAW. paper shall be filed with the Secretary of State, at least forty days before the holding of the primary election. (Section 8 is repealed in law of 1914). "9. Certificate Where Only One Candidate Files Papers-Immediately after the expiration of the time for filing applications and declarations for places on the ballot, if it should appear that there is only one candidate who has filed the necessary papers for the place on the ballot of any party on whose ballot he is entitled to have his name printed, the officer with whom such papers are filed shall issue to such candidate a certificate of nomina- tion, which shall have the same force and effect as the certificate of nomination provided herein to be issued by the canvassing officers. "10. Nomination Papers, When Destroyed-All nomination papers in the custody of the County Clerk and the Secrtary of State under the provisions of this Act shall be destroyed six months after the primary elec- tion for which said papers were filed. But such papers as are material to any investigation or litigation then pending shall not be destroyed until the final determina- tion of such investigation or litigation. "11. Inspection of Papers-All nomination papers filed under the provisions of this act shall at all times be subject to inspection by candidates and by the County Attorney, the Commonwealth Attorney and the Attorney General. "12. Register of Candidates-The Secretary of State and the County Court Clerks shall each keep a book entitled 'REGISTER OF CANDIDATES FOR NOMINA- TION IN THE PRIMARY ELECTION,' and shall enter therein on different pages of said book for the different political parties subject to the provisions of this law the title of office sought and name and residence of each can- didate for nomination in the primary election, the name of his political party, and the date of 'receiving his peti- 6 STATE PRIMARY ELECTION LAW. tions. Said book shall be so kept that the names of all candidates of the same political parties shall be on the same or successive pages and the names of candidates of no two political parties shall appear on the same page. Said books are hereby declared to be public records. " 13. Certification of Candidates by Secretary of State-Not less than thirty days before the primary elec- tion is to be held, the Secretary of State shall certify to the County Clerks of the respective counties entitled un- der the law to participate in the nomination of the respective candidates, the name, place of resident, and party of each candidate for each office, as specified in the nominating petitions filed with him, and shall designate, subject to the provisions of this act, the device under which the groups or lists of candidates, or candidate, of each party shall be printed, in the order in which they shall appear on the ballot. " 14. Order of Names Certified by Secretary of State -How Determined-For the purpose of determining the order in which the names of candidates to be voted for by the electors of the entire State shall be certified and printed on the ballots under the designation of the re- spective offices, the Secretary of State shall prepare lists of the counties of each Congressional district of the State. He shall then arrange the surname of all candidates for each office in alphabetical order for the first Congressi6nal district, and the names shall be certified in this order to the County Clerks of all the counties comprising said Congressional district. Thereafter for each succeeding Congressional district, taken in the order of their num- bers, the name appearing first for each office in the last preceding district shall be placed last, and the name ap- pearing second in the last preceding district shall be placed first, and each other name be moved up one place. The list shall be certified accordingly. "For all other offices for which nominating papers are 7 STATE PRIMARY ELECTION LAW. filed with the Secretary of State, the order of names of candidates for each office shall be determined by lot at a public drawing to be held in the office of the Secretary of State thirty-eight (38) days before the primary elec- tion at two o'clock p. m., standard time. " 15. Publication of Names by County Clerk-Order of Printing-Not less than twenty days before the pri- mary election the County Clerk of each county shall pub- lish under the proper party designation and title of each office the names of all persons certified to him by the Sec- retary of State, in the same order in which they were certified, and of all persons for whom nomination papers have been filed with such County Clerk. Only the names of persons who have substantially complied with the provisions of this Act shall be published or printed on the ballot, and such names shall be published or printed in the order in which they are to be printed on the ballots. Said publication shall be done by posting a notice at the door of the court house and causing said list to be printed once in a newspaper of general circulation in such county, if there be such a newspaper. "The order in which the names of candidates for each office for whom nomination papers have been filed in the office of the County Clerk, shall be printed on the primary election ballot, shall be determined at a public drawing in the office of the County Clerk twenty-five days before such primary election at 2 o 'clock p. m., standard time. "16. Order in Which Different Offices Shall Appear on Ballot-The order in which the different offices are printed on the primary election ballot shall be the same as in the case of regular elections. The office of Unitet States Senator shall come first when candidates for said office are to be nominated. "17. Ballots and Ballot Boxes-There shall be a separate ballot for each political party subject to this Act, at the primary election provided for herein. Such ballots 8 STATE PRIMARY ELECTION LAW. shall be printed in substantially the same manner as now provided by law in case of regular elections, except that on the back thereof shall be printed the words 'Official Primary Ballot,' and at the head thereof shall be printed the words 'Official Primary Ballot,' together with proper party name and the party emblem. The party emblem in each case shall be the same as that used at the last pre- ceding regular election, unless sixty days before the primary election the proper party authority certify a different emblem to the Secretary of State, in which event he shall certify the new emblem to the County Clerks as herein provided. "All the official ballots designed to be voted in the primary nominating elections shall be printed in black ink upon a good quality of white ballot paper. The ar- rangement of each ballot shall be exactly the sam for each political party, and the size and the printing shall be the same for each political party. Duplicate impres- sions of the ballots for each political party voted for at every primary election shall be printed upon cheaper colored paper. These colored ballots shall be used solely as sample ballots for the information and convenience of voters, and they shall not be voted or counted. "The ballots shall be printed so as to give each elector a clear opportunity to designate his choice of candidates for nomination by making with a stencil cross in the square after the name of each candidate for whom he wishes to vote for nomination; and on the ballot may be printed such words as will aid the elector to do this, such as, 'Vote for one,' 'Vote for two,' and the like, to inform the elector of the number of candidates for whom he is entitled to vote for each office, and at the bottom or outer end of each ballot shall be prepared a secondary stub, separated from the body by a perforated line. Said sec- ondary stub shalt be in all respects as the like stub on the 9 STATE PRIMARY ELECTION LAW. ballot used at the general elections, and shall be used in like manner and for the same purpose. "Separate ballot boxes shall be supplied for each party and the ballots cast shall be placed in the appropriate party boxes, but a ballot shall not be disqualified by rea- son of having been in the wrong ballot box. " (17a.) Registration of Women Voters-In any year in which any General Election is held, where school offi- cers are to be voted for, or school questions are to be voted upon, in which women are entitled to vote as pro- vided in Chapter Forty-seven of the Acts of the General Assembly of nineteen hundred and twelve, such women voters as are qualified to vote under said law, may be specially registered as provided in Section twenty of the Primary Election Act, and it shall be the duty of the County Clerk to permit all women qualified under said act to so specially register. "18. Number of Ballots-There shall be provided and furnished at each primary nominating election and at each election precinct seventy-five per cent more official ballots for each political party than the number of votes cast by such political party at the last preceding presi- dential election, and if a precinct was created since the last presidential election, the County Court Clerk shall furnish such number of ballots in such precinct as may be requested by the Chairman of the County Executive Com- mittee or authority of each political party, not exceeding, however, three hundred ballots for each party for each such precinct. "In any and all elections in which women are qualified to vote, the clerk shall furnish for such women voters, for each precinct in which the election is to be held, a number equal to fifty per cent of the entire number of ballots furnished for the male voters in each precinct, and the ballots cast by such women shall be treated in all respects like the ballots cast by male voters, and deposited 10 STATE PRiMARY ELECTION LAW. in the boxes hereinbefore provided for the respective parties. "19. Qualifications of Electors-Before a person shall be qualified to vote in the primary election herein provided for, he shall possess all the qualifications now prescribed by the constitution and as are now required of voters in regular elections. Except that in the case of women electors the qualifications shall be as prescribed in Chapter 47 of the Acts of the General Assembly of 1912. He shall, in addition to said qualifications, be a member of the party for whose nominees he intends to cast his vote, and shall have affiliated with said party and supported its nominees, and no person shall be deemed to have affiliated with the party in whose primary he seems (seeks) to cast his vote, if he voted against the nominee or nominees of such party at the last general election. Said qualifications shall be determined as of the date of the primary, without regard to the qualifications or disquali- fications as they may exist at the succeeding regular elec- tion. In precincts where registration is required, no elec- tor, except those entitled to be specially registered as herein provided, shall be entitled to vote in any primary, unless he is registered in the registration book of said precinct for the preceding year, as affiliating with the party whose ballot he offers to vote. If so registered, he shall be entitled to vote the ballot of the party with which he is registered and no other. In other precincts, qualified electors shall be allowed to vote only the ballot of the party of which they are members, and with which they have affiliated and supported as defined herein. Pro- vided that all minors who will become twenty-one years of age before the November election shall be entitled to vote in said primary by declaring the party of their choice. The qualifications above described shall apply to candidates and voters alike. "In order to determine in case of doubt, any of the, 11 STATE PRIMARY ELECTION LAW. qualifications above mentioned, the judge of the election shall have power to and he shall swear any person offering himself to vote as to any of said qualifications, and when so sworn the judge shall direct the clerk to, and the clerk shall write upon the primary stub bearing the voter's name, the words, 'sworn as to qualifications.' And any voter making a false statement as to any of his qualifica- tions shall be liable to indictment and conviction for false swearing. "Any judge of election knowingly receiving a vote of any elector who is not qualified as provided in this Act shall be guilty of a misdemeanor, and upon conviction, shall be fined one hundred dollars for each offense, ana any person so voting knowing that lie is not qualified as provided in this Act, shall be guilty of a misdemeanor and upon conviction, shall be fined one hundred dollars for each offense, the fine in each case to be recovered upon information or indictment in any court having jurisdic- tion. "20. Special Registration-Fourteen days before the primary provided for in this act there shall be a spe- cial registration at the office of the County Clerk, for per- sons entitled to be specially registered for the purpose of voting in said primary. The following persons and no others shall be entitled to special registration: "'1. Any persons who were absent from the city or town of their residence during the entire time of the reg- istration for the preceding year. "2. Persons who were prevented from registering by reason of their own sickness or by death in their imme- diate families. "3. Persons who moved into the city or town of their present residence after the latest date that would enable them to register for the purpose of voting in the last reg- ular election, and who have the qualifications of voters in the precincts in which they reside. 12 STATE PRIMARY ELECTION LAW. "4. Persons who have become of age since the last election and have the qualifications of electors. "Before registering any person under this section the County Clerk shall require him to make written oath as to the cause of his failure to attend last regular registra- tion. In all cases where illness is given as a cause for failure so to register, the affidavit of a physician setting forth the fact shall also be required. All affidavits pro- vided for under this section shall be kept in a bound book made for that purpose. When the proper affidavits have been made, the clerk or his deputy shall write the name of the person applying in the proper registration book of the preceding year on the last page containing the names be- ginning with the same letter, and, if necessary, on pages immediately following; and in the column headed 'Re- marks,' shall be written the words 'Specially Registered,' with the signature of the clerk and the date. "Any elector present in the office of the County Clerk may challenge the right of any person to register specially under this section, and thereupon the County Clerk shall examine such person and any witnesses who may be of- fered, under oath, and shall determine the right of said person to register. The registration books in the posses- sion of the County Clerks shall be sent to the polls and shall be used by the election officers to determine the. right of any person to vote in the primary election; and there shall be no special registration at the polls. "21. Transfer Certificates-There shall be no trans- fer certificates for enabling electors to vote in the primary election, but any voter who has removed from one pre- cinct to another, in which registration is required, after having been registered for the last Novem- ber election may apply to the County Clerk upon the day for special registration provided for in the last preceding section and have his name cancelled off by writing op- posite it in the column headed 'Remarks' the word 're- 13 STATE PRIMARY ELECTION LAW. moved,' and upon making oath that he is a qualified voter or will be a qualified voter, on the day of the primary in the precinct of his present residence he shall be entitled to be specially registered as provided in the last preceding section. Persons removing from one city or town to an- other city or town in a different county shall not be re- quired to have their registration cancelled, but may be specially registered upon making the affidavit as herein provided. "22. Officers of Election-Officers of election for the primary shall be appointed by the County Board of Elec- tion Commissioners as provided by the law in the case ot the November elections: Provided, That the list of names selected by the several party committees shall be sub- mitted to said Board not less than fifteen (15) days be- fore the holding of the primary and shall be open to inspection thereafter; and provided, that candidates be- fore the primary shall be entitled, if they so desire, to unite regardless of party, in designating the names of persons to be appointed officers of election, un- der the rules hereinafter laid down. All designations of persons selected by candidates for appointment shall be made by written notice to said Board, delivered to any member thereof, not later than ten days before said pri- mary. Any group of 25 per cent. of all candidates before. the primary shall be entitled to have appointed as an election officer one person in each precinct for which a name is so submitted. In cases where names are so des- ignated for several precincts, the persons so designated shall be appointed in equal proportions to the offices of Clerk, Sheriff and Judge in the different precincts. In like manner 50 per cent. of all candidates before the primary shall be entitled to designate two persons to be appointed officers of election in each precinct. In such cases one of the persons so designated shall be appointed (.erk of Vllection iin one-half of the precincts for which 14 STATE PRIMARY ELECTION LAW. names are so designated. If 75 per cent. of all candidates so unite they shall be entitled to designate three persons to be appointed officers of election in each precinct, and one of the persons so designated shall be appointed Clerk of Election in each of three-fourths of all the precincts for which names are so designated; and all the candidates by so uniting shall be entitled to the appointment of four officers of election in each precinct for which names are thus designated. "In cases where candidates unite in the selection of persons to be appointed officers of election, as herein pro- vided, the lists of names submitted by the party commit- tees shall be treated by the Board of Election Commis- sioners as follows: If only one group of 25 per cent. of the candidates unite in selecting one person to be ap- pointed an officer of election in each precinct so desig- nated, said Board shall appoint only one officer of election for such precinct or precincts from the list submitted by the committee of that party whose candidates form a majority of the signers of such written designation. If the signers of such lists are divided equally between the parties, then the list of names submitted by each party committee shall have chosen from it only one name for an officer of election in every other precinct among those for which names are thus designated. If two groups of 25 per cent. or one group of 50 per cent. of all candidates so unite in designating persons to be appointed officers of election in one or more precincts, the remaining officers in such precincts shall be selected equally from the lists of the several party committees. In the event that 75 per cent. -of all candidates unite to procure the appoint- ment of election officers in one or more precincts, or if three groups of 25 per cent. of the candidates, or one group of 50 per cent. and another of 25 per cent. of the candidates submit names under the provisions of this section, the remaining officer of election in each of such 15 STATE PRIMARY ELECTION LAW. precincts shall be chosen alternately from the lists of the different party committees. "All persons who are to act as election officers shall be appointed by said Board in accordance with the fore- going provisions, and the list of officers of election with the office to which each person is appointed shall be made up and open to inspection by any candidate, not later than the noon on the Saturday preceding the day of the primary. "The duties herein provided shall be enforceable against said County Board of Election Commissioners, on the petition of any candidate, by the writ of man- damus. Proceedings in such cases shall be instituted in the Circuit Court. The proceedings shall be summary and without delay, and the orders of the Court shall be final and not appealable. "23. Challengers and Inspectors-Each political party shall be entitled to have not exceeding two chal- lengers and two inspectors at each precinct during the holding of said primary election, same to be appointed and to serve under the following conditions: "Any group of candidates of the same political party equal to twenty-five per cent. of all the candidates for such party to be voted for in a county (including State, district and all other candidates) in any primary may recommend to the Countv Committee or governing au- thority of such party for the county a list of persons whom they desire to have appointed as challengers and inspectors in each precinct in such county. If more than two such lists are furnished said Committee or governing authority as herein provided, said Committee or govern- ing authoritv shall in making appointments of challengers and inspectors so alternate between the several lists so furnished as to give to each list an equal amount or pro- portion of the appointments, but in no event shall there be appointed more than one challenger and one inspector 16 STATE PRIMARY ELECTION LAW. for any precinct from any one list. The lists of chal- lengers and inspectors herein provided shall be presented to the Chairman or Secretary of the Party Committee of the county not less than ten days before the date on which the primary is to be held; and said Committee or the Chairman thereof shall make the appointments and certify to same at least five days before the date on which said primary is held. Said appointment of chal- lengers and inspectors shall be certified in all respects as challengers and inspectors at regular elections, except as otherwise herein provided, and said challengers and inspectors shall be subject to the same penalties and possess the same rights and privileges as challengers and inspectors at general elections: Provided, That the chal- lengers of one political party shall not be entitled to chal- lenge those persons who offer to vote for candidates of any other party in such primary; and the inspectors of one political party shall not be permitted to examine or inspect the ballots or returns of any other political party than the one for which he was appointed. The provisions of this section shall be enforceable against the chairman of the political party committees in the same manner as provided in the last preceding section of this Act. " 24. Manner of Voting-Any person desiring to vote shall give his name, his residence and the name of his political party to the clerk of election, who shall there- upon announce the same in the presence of the judge of election, and if such person is entitled to vote the ballot of the party to which he claims to belong, in such pri- mary election, the clerk shall write on the primary stub of the ballot to be voted by such person, his name and residence. The clerk shall then tear off the ballot at the perforated line and endorse his own name across the back of the ballot and then deliver the ballot to the elector, who shall be entitled to receive only one official ballot, and when the clerk shall deliver said ballot to the elector, 17 STATE PRIMARY ELECTION LAW. said elector shall immediately retire to a voting booth and there prepare his ballot; and when he has prepared it he shall fold it so as to conceal the names of all candi- dates thereon and shall immediately return to the officers of election and deliver his folded ballot to the judges of election. The judges of election shall in the presence of the elector, remove the secondary stub from said bal- lot and deposit said ballot in the box provided for the political party for which it is cast. '25. Disposition of Unused Ballots-Counting Vote -Return of Vote-Immediately after the close of the polls at a primary nominating election and before the bal- lot boxes are opened, the officers of election shall count all the remaining ballots that have not been used and shall stamp with a rubber stencil the word 'unused' upon the face of each unused ballot so as to be plainly seen, and in their certificate of the results of the election they shall certify how many ballots were not used, and the ballots that were not used shall be left attached to the stub book, which shall be returned to the County Clerk as is now required by law. The County Clerk, before receipting for the ballot boxes, shall count the unused ballots and see that they are properly stamped, and in his receipt given to the election officers delivering the ballot boxes he shall state the number of unused ballots, and that the same are properly stamped. Then the names of the elec- tors of each political party who voted at said primary nominating election shall be counted and the number so voting for each political party shall be written and certi- fied in each of the poll books on a blank certificate pre- pared for that purpose and signed by all election officers at the precinct in the same manner as is provided, or may hereafter be provided, for certifying and signing the official returns in said primary elections or the returns in said general election. Said officers of election shall count the number of ballots cast by each political party, 18 STATE PRIMARY ELECTION LAW. and shall keep them separate so that all the ballots be- longing to one party shall be in one bunch and the ballots belonging to another party in another bunch, and so on as to all parties who participate in such primary elections. As soon as the officers of such elections have thus sepa- rated, sorted and bunched the ballots for each political party, then they shall take the tally sheets provided by the county clerk and shall count all the ballots for each poli- tical party separately until the count is completed, and shall certify to the number of votes for each candidate for nomination for each office upon the ticket of each party. They shall then place the counted ballots in the ballot box of each respective political party after first fastening and sealing said ballots for each political party in a separate bundle, and sealing them for transmission to the county clerk as is now, or may hereafter, be required for the transmission of ballots voted at regular election. Said election officers shall then place the tally sheet for each political party in separate envelopes provided for that purpose by the county court clerk, and they shall seal said envelopes and place them in the ballot box of such party. They shall then place all contested, disputed and spoiled ballots in envelopes prepared for that purpose and seal the same and place same in the ballot boxes. Then after the officers of election have thus counted, certified and prepared the election returns, they shall put the cer- tified election returns in the ballot box of each respective political party, together with all the supplies that are to be used in connection with said election, such as stencil, ink pads, sealing wax, stamps, seals, and other supplies that are, or may be required to be returned to the county court clerk, and lock said ballot boxes; and the sheriff of election and that judge who is of the opposite political affiliation, shall immediately take and deliver said ballot boxes, with the election returns to the county court clerk, and the same shall be received and receipted for in the 19 STATE PRIMARY ELECTION LAW. same manner as the ballot boxes and election returns in general elections, except that said ballot boxes shall be opened by the county court clerk and the returns therein destroyed within ten days before the succeeding Novem- ber election: Provided, That where a contest has been in stituted and not disposed of, the ballot boxes shall not be opened by said clerk until after said contest has been finally disposed of. It shall be the duty of the county clerk to furnish to the election officers of each precinct in the county, a rubber stencil containing the word "un- used," the letters of which shall not be less than one-half inch in height. Said stencil shall be returned to the county clerk at the same time and in the same manner that the county election seal for the precinct is returned. It shall also be the duty of the county clerk to have this act printed in full in his instructions to election officers. " 26. Canvassing Returns-Certificates of Nomina- tion-On the third day after the close of any primary nominating election the County Election Commissioners of each county shall proceed to canvass the returns of said primary election and tabulate the same. The tabula- tion of votes for all offices for which the nomination pa- pers are required to be filed in the County Clerk's office shall be on another separate sheet of paper for each political party and shall be filed in the County Clerk's office immediately after the canvass of the returns and tabulation of the votes by said Election Commissioners; and certificates of nomination shall immediately issue to the persons receiving the greatest number of votes for offices for which they were candidates. And said certifi- cates shall not less than fifteen days next before the day on which the General November Election is held, be filed with the County Clerk. Such tabulation of votes for nominations for candidates for office whose nomination papers are now, or may hereafter be, required to be filed in the office of the Secretary of State, shall be made on 20 STATE PRIMARY ELECTION LAW. one separate sheet for each political party and shall be immediately transmitted under seal to the Seertary of State, in like manner as other election returns are trans- mitted to him. On the fourteenth day after such primary iominating election the State Board of Election Commis- sioners shall meet at the Capitol and canvass the returns of said primary election that have been certified and filed with the Secretary of State for all officers where the re- turns are required to be certified to and filed with the Secretary of State for all the political parties en- titled to participate in such primary nominating election; and after they have completed the tabulation and canvass of the returns of said primary nominating election they shall immediately certify to the same, and they shall issue to that candidate of each political party re- ceiving the highest number of votes for the office for which he was a candidate, a certificate of nomination, which certificate shall, not less than thirty days next be- fore the day on which the general November election is held, be filed in the office of the Secretary of State. The Secretary of State shall, not less than twenty days before the day on which the general NQvember election is held, certify under the seal of his office the persons whose names are entitled to be printed on the official ballot at the November election as the candidates of the various political parties for the offices to be filled at such election, and who have been nominated as herein provided; and he shall make and transmit by registered mail, a duplicate of such list and certificate of nomination of candidates for offices to the County Court Clerks of every county in the State where the candidate is to be voted for by the State at large, and he shall so transmit the names of such candidates to the County Court Clerks of each and every county in the district in which such candidate is to be voted for where the candidate is to be voted for by a dis- trict composed of more than one county. 21 STATE PRIMARY ELECTION LAW. "27. Omissions or Errors of Officers-Review by Court-Whenever it shall be made to appear by affidavit accompanied by a motion, filed in the Circuit Court in the county where the cause of action arises, as hereinafter provided, that an error or omission has occurred or is about to occur in the placing or failing to place the name of any candidate on the official primary ballot, or that an error or wrong has been or is about to be committed in the printing of said ballots, or any officer has failed or is about to fail to perform any duty imposed by this Act, the court shall order the officer or person charged with such error, wrong, neglect or failure to forthwith correct the error, desist from such wrongful act, to supply the failure, or to perform the duty, or show good cause why he should not be compelled so to do. Failure to obey the orders of the judge or court shall be treated as a contempt of court, and may be punished as such. Any officer whose duty it is to prepare or furnish ballots as required under this Act, who shall willfully or neglectfully fail to do so, shall, upon conviction therefor be fined not less than one thousand (1,000) dollars nor more than two thousand (2,000) dollars for each offense and in addition thereto may be imprisoned in the county jail not less than sixty days nor more than six months. If the Circuit Court be not in session in the county, the Circuit Judge of the district in which the county lies shall hear and determine the matter. If the Circuit Judge of the district in which the county lies be absent from the district, then the mo- tion and affidavit shall be filed before the Circuit Judge of a contiguous district, if he be therin at the time, and if not, then before any Circuit Judge in the Common- wealth. And any of the Circuit Judges above indicated shall have full power to hear the complaint during court or in vacation in a summary manner, and to determine and make final orders therein; and when any such order is made, it shall be conclusive and not subject to appeal. 22 STATE PRIMARY ELECTION LAW. "Of the filing of the motion and affidavit, and the time and place of hearing thereon the officer or person against whom same is directed shall have notice, which notice shall be served as notices are directed to be served under the provisions of the Civil Code of Practice. "Candidates only shall have the right to institute pro- ceedings under this section, and the candidates shall pay the costs of the proceedings. "28. Contests-Any candidate wishing to contest the nomination of any other candidate who was voted for at any primary election held under this Act shall give no- tice in writing to the person whose nomination he intends to contest, stating the grounds of such contest, within five days from the time the Election Commissioners shall have awarded the certificate of nomination to such can- didate whose nomination is contested. Said notice shall be served in the same manner as a summons from the Cir- cuit Court, and shall warn the contestee of the time and place, when and where the contestee shall be required to answer and defend such contest, which shall not be less than three, nor more than ten days after the service thereof. Such contest shall be tried by the Judge of the Circuit Court of the county in which the contestee resides or is served. Upon return of said notice properly exe- cuted as herein provided, to the office of the Circuit Clerk of the county in which said contestee resides or is served with such notice of contest, it shall be the duty of the Clerk of the Circuit Court to immediately docket said cause and to immediately notify the presiding judge of the Circuit Court of said county that such contest has been instituted. Provided, That in counties constituting separate Circuit Court Dis- tricts and having more than one Circuit Judge the judge who shall hear and determine such cause shall be determined by lot. On or before the time for the return of said notice of contest, the contestee may controvert the 23 STATE PRIMARY ELECTION LAW. grounds of contest and may also set up additional grounds of contest against the contestant. If additional grounds of contest are set up by the response of the contestee the court may allow the contestant reasonable time, not to exceed three days, however, in which to reply; but no additional grounds of contest shall be set up in any reply, and the cause shall be tried upon the grounds of contest contained in the original notice by the contestant and the response of the contestee. Each party to such contest shall be entitled in the production of evidence to be used on the trial thereof to all the remedies allowed in cases at law and in equity and the judge shall proceed to a trial of said cause within five days after the issue is joined as herein provided. In trying such contests the court shall hear and determine all questions of law and fact without the intervention of a jury and may examine the witnesses orally or require the parties to take the evidence by de- positions, in the discretion of the court, or as may be agreed by the parties: Provided, however, That if the evidence is taken orally either party may have the right to require it to be taken by the official stenographer or reporter for the court, to be taken and transcribed and paid for as evidence in other civil actions. The court may require the contestant, or the person who has the burden of proof under the issues joined, to complete his proof in not less than five days, and the contestee, or the per- sons not having the burden, to complete his proof in not less than five days thereafter, and each party may be given one day additionl for producing evidence in rebut- tal, and no greater time shall be extended, unless the court be satisfied that the ends of justice demand it. The court shall, immediately after the evidence is concluded, consider said contest and determine the same, and his judgment shall be filed in the office of the Circuit Court Clerk as the judgment of the court, and shall have the same force and effect as a judgment rendered by the court 24 STATE PRIMARY ELECTION LAW. in term time. The party desiring to appeal from the judg- ment of the court shall, on the same day after the same is rendered, execute a supersedeas bond in the same form and to the same effect as other supersedeas bonds in other civil actions for an appeal to the Court of Appeals, and the clerk shall immediately thereafterwards transmit to the Clerk of the Court of Appeals the original papers in said contest, including such transcript of evidence as may be furnished or as may be required by the court or by the parties, and said record of said contest when received by the Clerk of the Court of Appeals shall be immediately delivered to the Chief Justice, and said contest shall have precedence over all other business and causes then pend- ing in the Court of Appeals and shall be heard and dis- posed of by the Court of Appeals as speedily as the exigen- cies in the case will admit. If on the trial of such contest the issue is finally decided in favor of the contestee this fact shall be certified to the Secretary of State, and to the County Court Clerk of the county in which the cause is finally determined. If said contest is finally decided in favor of the contestant this fact shall be certified to the Secretary of State, and to the Clerk of the Circuit Court of the county in which the contest originated; and if the contest was of a nomination that is required to be cer- tified to the Secretary of State, then the Secretary of State will place the name of the successful contestant on the ticket in the place of the name of the contestee to be voted for by his political party at the succeeding Novem- ber election. If the nomination is one that is required to be certified to the County Court Clerk, then the County Court Clerk or clerks of the county or counties in which such candidate is to be voted for, shall place the name of the successful contestant on the ballot of his political party in lieu of the name of the contestee, to be voted for at the succeeding November election. Provided, however, That when the contests provided for in this Act shall be for 25 STATE PRIMARY ELECTION LAW. nomination to offices for the State at large, the notice of the contest shall be filed and the contest tried in the Franklin Circuit Court; but shall otherwise be subject to the provisions of this Act. "29. Election Supplies and Expenses-All the sup- plies for holding said primary elections, and all the ex- penses of such primary elections shall be furnished and paid for in the same manner and by the same authority as the like supplies and expenses of the general election; and the paper for the printing of the ballots for the pri- mary nominating election shall be furnished in the same way and paid for in the same way as the paper used for printing the ballots for the regular election; and the printing of the ballots and the distribution of the same, except as otherwise herein provided, shall be in the same manner as is now, or may hereafter be prescribed for the printing and distribution of ballots for the gen- eral election; and all officers shall receive the same fees for services rendered in the holding of the Primary Nom- inating Election as are paid for the same or similar serv- ices in holding the general election, and payable in the same manner and by the same authority. "30. County Clerks-Compensations-For his serv- ices under this Act, the County Clerk shall receive the fol- lowing fees and no other: For every declaration filed by a candidate, one dollar, which is to be paid by the candidate upon the filing of his declaration; for publishing the list of names of the candidates before the primary, twenty- five cents for each name, and the cost of printing; for each name specially registered by him as herein provided, ten cents. All fees and expenses incurred under this Act, ex- cept the one above specifically mentioned, shall be paid as other election expenses are paid under the law. "31. Forgery of Signatures-Any person who shall forge any name of a signer to a nomination paper shall 26 STATE PRIMARY ELECTION LAW. be guilty of forgery, and on conviction, be punished ac- cordingly. "32. Suppression of Nomination Papers-Any per- son who, being in possession of nomination papers entitled to be filed under this Act, shall wrongfully either alter, mutilate or suppress, neglect or fail to cause the same to be filed at the proper time in the proper office, shall be guilty of a misdemeanor and, on conviction, be punished by imprisonment in the county jail not to exceed six months, or by a fine not to exceed 500.00 or both such fine and imprisonment. "33. County Clerk-Penalty Against For Wrongful Acts-The County Clerk shall be under the same duties and subject to the same liabilities for failure to perform same, with reference to printing the ballots for primary elections held under this Act, as he now is with reference to the November elections.. Any County Clerk who shall knowingly cause to be printed on any official primary ballot the name of any candidate who has not filed the nomination paper required by this Act, or who shall knowingly fail to cause the name of any candidate who has complied therewith to be printed upon the proper bal- lot, or who shall knowingly cause to be printed upon the ballot for the regular election the name of any candidate of any political party embraced in this Act who was not nominated in the manner provided in this Act, shall for- feit his office and be guilty of a felony and, upon convic- tion, be confined in the penitentiary for not less than one year nor for more than three years. "Any County Clerk who shall register any person spe- cially under the provision of this Act, without administer- ing and preserving in a book the affidavits herein provided for, shall be guilty of a misdemeanor, and, upon convic- tion, be fined not less than 25.00 nor more than 200.00. "34. Secretary of State-Penalties Against For Wrongful Actu-Any SQer.tary of State who ahg11 l4qw. 27 STATE PRIMARY ELECTION LAW. ingly certify to the County Clerk of any county the name of anv candidate who has not filed the nomination paper provided for by this Act, or who shall knowingly fail to certifv the name of any candidate for whom the proper nominating paper has been filed with him, as herein pro- vided, or who shall knowingly certify to any County Clerk the name of any candidate of any political party embraced in this Act, to be printed on the ballots for the November election, who was not nominated in the man- ner provided in this Act, shall forfeit his office and be guilty of a felony, and upon conviction, be confined in the penitentiary for not less than one year nor more than three years. "3a. Penalties-Any act or deed denounced by the general lawsvs of the State concerning elections shall also be an offense under this Act, and shall be punishable in the same form and manner as provided for the punish- ment of like offense against the general election laws, and all the penalties denounced for violation of the gen- eral election laws shall apply with equal and like force to all and similar violations and infractions of the provi- sions of this Act, and shall be as effective as though fully set out herein. "36. Rules Applying to Primaries-Except as here- in otherwise provided, primarv elections under this Act shall be conducted substantially as now provided by law in case of regular elections. Any omission ill this Act shall be supplied as nearly as practicable from the Stat- utes governing the November elections. This Act shall be liberally construed so as to carry out its purpose, and give to the voters of the different parties an opportunity to select their candidates. "37. Repeal-All acts or parts of acts inconsistent with this Act, or in conflict with the provisions of this Act, are hereby repealed. "38. Emergency-It being the sense of the General 28 STATE PRIMARY ELECTION L.\w. Assembly that the foregoing amendments should become effective as to the Primary elections to be held in the year 1914, an emergency is declared to exist, and this amenda- tory Act shall become effective upon its passage and ap- proval by the Governor, and laws which are in conflict herewith are hereby repealed." CHAPTER 68. AN ACT to provide for the officers of the State register- ing on the day of an election. Be it enacted by the General Assembly of the Common- wealth of Kentucky: 1. All officers of the State of Kentucky who are ab- sent from the town or county of their residence on Elec- tion Day, are hereby authorized to register as voters be- fore the County Clerk on the day of any election. 2. The County Clerk of the county of their residence shall issue to such officers, on the day of any election, a certificate of registration which shall have the same effect as if issued by the regular registration officers. 3. All laws or parts of laws in conflict herewith are repealed. Approved by the Governor, March 13, 1912. CHAPTER 13. AN ACT to promote pure elections, primaries and conven- tions and to prevent corrupt practice in the same; to limit the expenses of candidates; to prescribe the duties of candidates and providing penalties and remedies for violations, and declaring void, under certain conditions, elections in which these provisions or any of them have been violated. Be it enacted by the General Assembly of the Common- weath of Kentucky: 1. It shall be unlawful for any public service cor- 29 STATE PRIMARY ELECTIoN LAW. poration, engaged in business in this State, to contribute, either directly or indirectly, any money, service or other thing of value, towards the nomination or election of any State, county, city, town, municipal or district officer. It shall be unlawful for any corporation, person, com- pany or association, to contribute, either directly or in- directly, money, service or other thing of value, towards the nomination or election of any State, county, city, town, district or municipal officer; if any such officer, in his official capacity, is required by law to perform any duties peculiar to such corporation, person, company or associa- tion not common to the general public, or if it is the duty of such officer to supervise, regulate or control in any way or manner, the affairs of such corporation, com- pany, person or association, or if such officer has any duty to perform in assessing the property of any such corpora- tion, person, company or association for taxation. No offi- cer or agent of any public service corporation, or any other corporation in the class above mentioned, and no officer or agent of any company or association, and no agent for any person in the class above men- tioned, shall contribute, either directly or indirectly, for or on behalf of any such corporation, company, associa- tion or person in money, service or other thing of value towards the nomination or election of any State, county, city, town, district or municipal officer. No attorney shall accept employment and compensation from any corpora- tion mentioned above, or from any person, company, or association mentioned above, with the understanding or agreement, either verbal, written or implied, that he will contriOhte all or any part of sueh compensation so re- ceived, either directly or indirectly, towards the nomina- tion or election of any State, county, city, town, district or municipal officer. No corporation, company, associa- tion or person mentioned above shall pay, promise, loan or become pecuniarily liable in any way for any money, 30 STATE PRIMARY ELECTION LAW. 31 or other valuable thing in behalf of any candidate for office at any election, primary or nominating convention held in this State, and no officer or agent of any such c:)r- poration, association, or company shall on behalf of such corporation, company, or association, pay, promise, loan or become pecuniarily liable in any way for any money, of other valuable thing, in behalf of any candidate for office at any election, primary or nominating convention held in this State. Any corporation, company, association or person, or any officer or agent of any such corporation, company or association, or any agent for any person, who shall be guilty of any violation of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceed- ing 10,000.000 and imprisoned in the county jail not less than thirty days and not exceeding one year, and any attorney violating the provisions of this section shall be subject to a like penalty, and in addition he shall be de- barred from the practice of law in this State, and the judgment of conviction shall so declare. It shall be unlawful for any corporation not falling within the above mentioned classes to contribute, either directly or indirectly, any money, service or other thing of value towards the nomination or election of any State, county, city, town, municipal or district officer; or to ex- pend, pay, promise, loan or become pecuniarily liable in any way for any money, or other valuable thing in be- half of any candidate for office at any election, primary or nominating convention held in this State; and no officer or agent of any such corporation shall for, and in behalf of, such corporation, contribute, either directly or indirectly, any money, service, or other thing of value, to- wards the nomination or election of any State, county, city, town, municipal or district officer, and no attorney or other person shall accept employment and compensa- tion from such corporation with the understanding or STATE PRIMARY ELECTION LAW. agreement, either direct or implied, that he will contritute to any such candidate, or in his behalf, all, or any part, of such compensation. Any such corporation or any offi. cer or agent of such corporation violating the provisions of this paragraph shall be deemed guilty of a misde- meanor, and upon conviction shall be fined in any sum not exceeding 1,000.00, and any such officer or agent of any such corporation shall be imprisoned not exceeding one year, and any attorney violating the provisions of this paragraph shall be subject to the same penalties, and in addition shall be debarred from the practice of law, arid Ihe judgment of conviction shall so declare. S 2. It shall be unlawful icr any corporation, perso1l company or individual to coerce, or direct, any employe to vote for any party, or person who may be a candidate for any office, in this State, or for any person who may be a candidate for a nomination for any office, or to threaten to discharge such employe if he votes for any candidate; or if such emplove is discharged on account of his exercise of suffrage, or to give out, or circulate any statement or report that such employes are expected, or have been requested or directed by such corporation, per- son, individual or company, or by any one acting for such, or any such, to vote for any person, group of persons, or measure, and any person, corporation or company, violat- ing this section, shall be deemed guilty of a disdemeanor, and upon conviction shall be fined in any sum not to ex- ceed and not less than 1,000.00 nor more than 5,000.00 or imprisonment in the county jail not to exceed six months or both. 3. It shall be unlawful for any person who is a can- didate for nomination or election for any State, county, city, town, municipal or district office to. expend, pay, promise, loan, or become pecuniarily liable in any way for money, or other thing of value, either directly or indi- rectly, or to agree or enter into any contract with any 32 STATE PRIMARY ELECTION LAW. corporation, association or person to vote for or support any particular thing or measure in consideration of the vote or support, moral or financial, of any such corpora- tion, association or person, and it shall be unlawful for any corporation, association or person to demand that any candidate for office shall promise or agree in advance or shall make any contract, oral or written, to support any particular individual, thing or measure, in considera- tion for the vote or the support, financial or moral, of such corporation, or person, in any election, primary or nominating convention, but no expenditure made by any candidate, or others for him, for the purpose of employ- ing and paying clerks and stenographers, or for printing and advertising, or in securing suitable halls for public speaking or suitable headquarters, stationery and stamps, or actual traveling expenses, shall be deemed illegal, and any person, corporation, or company violating this section shall be fined in any sum not to exceed 5,000.00 or be imprisoned in the county jail not to exceed six months, or both. 4. Any person who shall be a candidate before any caucus or convention, or at any primary election, or any final election for any State, city, county, town, municipal or district office shall on the fifteenth day before the date for making such nomination, and also on the fifteenth day before the final election, file with the officer with whom his nomination papers must be filed in cage of a primary, and with the chairman of the board authorized to issue the certificate of election after a final election, or with the Secretary of State when nomination is made by cau- cus or convention for officers of the State at large, or for districts larger than one county, and with the county clerk in all other cases, a statement in writing, which statement shall be subscribed and sworn to by such candidate and which shall set forth in detail all sums of money, or other thing of value, contributed, disbursed, expended or prom- 33 STATE PRIMARY ELECTION LAW. ised by him, and to the best of his knowledge and belief, by any person in his behalf, wholly or in part, endeavor- ing to secure his nomination or election to such office or place; and also sums of money contributed. disbursed, ex- pended or promised by him in support, and in connection with the nomination or election of any other person at such election, primary or nominating convention, and showing the dates when, the persons to whom, and the purpose for which, all such sums were paid, expended or promised. Said statement shall set forth in detail each item of con- tribution or expenditure, and he shall before some officer qualified to administer oaths subscribe and file with the said statement the following oath: "I do solemnly swear (or affirm) that the statement herewith filed embraces all money spent by me, or in my behalf with my knowledge; by any person for me; that I have neither, directly nor indirectly, arranged for or en- courged the spending of any money other than as shown in my said statement; that I have not repaid any money so spent or claimed to have been spent, and that I will not do so, and that I have not violated any of the provisions of this act in letter or in spirit." 5. Any campaign committee or individual having charge of the candidacy of any person or group of per- sons, or managing or paying the expenses, or contributing to the expenses of a campaign for the adoption or rejec- tion of any question submitted to the people for their ap- proval or rejection at any election shall make out a state- ment in the same manner and form as that provided for the candidate in this act, and it shall be verfied by the chairman or secretary of the campaign committee or per- son acting in the capacity of chairman or secretary of such committee, and said statement shall be filed with the same officers with whom the candidates are required to file their statement. Any person violating the provision of this section shall be fined not less than one hundred dol- 34 STATE PRIMARY ELECTION LAW. lars nor more than five thousand dollars or confined in the county jail at hard labor for not less than one month or more than twelve months or so both fined and im- prisoned. 6. Every candidate, as previously mentioned in this act, and every campaign committee, person or persons in charge of said campaign, shall within thirty days after the election, caucus, convention or primary election held to fill any office or place for which such person may be a candidate, make out and file with the officers above men- tioned a statement subscribed and sworn to as indicated in previous sections, which statement shall set forth in de- tail all sums of money contributed, disbursed, expended or promised by him, and to the best of his knowledge and belief, by any person in his behalf, wholly or in part, en- deavoring to secure his nomination or election to said office, and also all sums of money contributed, disbursed, expended or promised by him in support and in connec- tion with the nomination or election of any other persons at such election, primary, caucus or nominating conven- tion showing the dates when, persons to whom and the purpose for which all such sums were paid, expended or promised; provided, however, that the statement provided for in this section shall relate to matters occurring after the filing of the first statement provided for in this act. 7. No officer or board authorized by law to issue cer- tificates of election or nomination shall issue any such certificates to any person until the statements required by this act shall have been made and filed as required. 8. Any person failing to comply with the above pro- visions by failing to file the statement or statements as ,,quii .A slsall I e lable to a fine not exceeding 500.00, which may be recovered by indictment or by penal action. 9. No person shall be permitted to qualify as an elective officer or receive a certificate of nomination until he shall have filed the statements as provided by this act, 35 STATE PRIMARY ELECTION LAW. and no officer shall receive any salary or emolument for any period prior to the filing of such statements. 10. Said statements when filed as required by this act shall at all times be open to public inspection and copies thereof may be obtained by any person desiring same. 11. In any contest over the nomination or election of anv officer mentioned in this act, it may be alleged in the pleadings that the provisions of this act have been violated by the candidate or by others in his behalf with his knowledge, and if it so appears upon the trial of said contest, then said nomination or election shall be declared void, and it is hereby provided that the candidate who has received the next highest number of votes and who has not violated the provisions of this act shall be de- clared nominated or elected unless it also appears that one of the parties to the contest received a plurality of the votes cast and did not violate the provisions of this act. 12. The provisions of this act shall apply to the nom- ination and election of members of the General Assembly. 13. No candidate for Governor in a primary election or before a convention in this State, shall expend exceed- ing 10,000.00, including that expended in his behalf by others, and this sum shall not be exceeded in the final election; no other candidate for office from the State at large shall expend, or have expended in his behalf to- gether exceeding 5,000.00 in a primary election or before a convention, and this sum shall not be exceeded in the final election. 14. No candidate for Railroad Commissioner in a primary election or before a convention, shall expend, or have expended for him together, exceeding 3,000.00, and this sum shall not be exceeded in the final election; no candidate for judge of the Court of Appeals in a primary election or before a convention, shall expend, or have ex- pended for him together, exceeding 3,000.00, and this sum shall not be exceeded in the final election. 36 ST ATE PRIMARY ELECTION LAW. 37 15. No candidate for Circuit Judge in a primary election or before a convention, shall expend or have ex- pended for him together, exceeding 2,500.00, and this sum shall not be exceeded in the final election, and the provisions of this section shall apply to candidates for Commonwealth 's Attorneys. 16. No candidate for a county office in a county hav- ing a city of the first class, in a primary election or before a convention, shall expend or have expended for him to- gether, exceeding 2,500.00, and this sum shall not be exceeded in the final election; the amount shall be limited to 2,000.00 in counties having cities of the second class; to 1,500.00 in counties having Cities of the third class, and 1,000.00 in all other e)c1unries; aind the provisions as to candidates in counties having cities of the first class shall apply to all otler counties except as to amount ex- pended. 17. No candidate for lepresentative in the General Assembly in a primary, or before a convention, shall ex- pend or have expended for him together, exceeding 350.00, and this sum shall not be exceeded in the final election; no candidate for State Senator in a primary, or before a convention, shall expend or have expended for him together, exceeding 500.00, and this sum shall not be exceeded in the final election. 18. No candidate for any other office in this State in a primary, or before a convention or caucus, shall ex- pend or have expended for him together, exceeding 500.00, and the sum shall not be exceeded in the final election. 19. Any person violating any provision of this act wrhere no other penalty is provided shall be subject to a fine of not less than 100.00 nor more than 1,000.00. 20. The statement of any person testifying in any case pending under the provisions of this act shall not 37 38 STATE PRIMARY ELECTION LAW. be used against him in any prosecutions or civil proceed- ing. 21. The grand jury in each county in this State is given full power to investigate any violation of this act, and to that end may compel any corporation, company or association to produce all books, correspondence or papers which may show or tend to show any violation of this act, and may compel any officer, agent, employe, cus- todian or other person having the possession of any such books, correspondence or papers, or other evidence ma- terial to the matter under investigation to appear and testify, and any such person refusing to obey any such summons from the grand jury or refusing to appear and testify, shall be proceeded against for contempt, and upon conviction fnedl in any sum not exceeding 1,000.00 or im- prisoned not exceedinig one year. Approved March 13, 1916,