liiiii-/ ELECTION LAWS OF HAWAII . ■ OF THE (f f«v:t -D^'TV :, i ELECTION LAWS OF HAWAII 1910 HONOLULU: HAWAIIAN GAZETTE CO.. LTD. 1910 l"^ II '? preltace:. The object of this compilation is to bring together under one cover all laws as they now stand governing territorial, munici- pal and county elections, together with references to all final adjudications of the courts bearing upon such laws. The com- pilation is intended mainly for the use of registration boards and election inspectors, also for the use of candidates and voters. For this reason the order of the sections of the Organic Act included in the compilation has been rearranged, begin- ning with citizenship, qualifications and disqualifications of voters — matters of inquiry which naturally precede an elec- tion ; following with the provisions as to the manner of holding elections, who are to be elected, i. e., delegate, senators and representatives ; and with the disqualifications of those seek- ing to be elected, together with the exemptions of electors on election day from military duty and arrest ; next are inserted provisions respecting the Senate, the number of members, sena- torial districts, apportionment of senators, method of voting for senators and their qualifications ; a similar arrangement follows as to representatives; each in turn is followed by the general provisions as to the boundaries of election districts and precincts, offences against election laws, etc. No rearrangement has been made in the order of sections making up chapters 7, 8 and 9 of the Revised Laws, 1905, nor of the various sections of the municipal and county laws. No difficulty, it is hoped, will be experienced in looking up particular sections of the Organic Act if the arrangement above indicated is borne in mind. The laws set out in this pamphlet are the general election laws which govern not only the election of delegate, senators and representatives, but that of county and municipal officers also. The following abbreviations have been used: R. S. Revised Statutes of the United States. Stat, at L. Statutes at Large of the United States. Org. Act. Organic Act of Hawaii. R. L. Revised Laws of Hawaii, 1905. C. L. Civil Laws of 1897. (Ballou's compilation.) S. L. Session Laws. . c. Chapter, s. Section. p. Pages in this compilation. E. A. MOTT-SMITH, Secretary of Hawaii. Honolulu, July 15, 1910. 365849 Digitized by the Internet Archive in 2008 with funding from IVIicrosoft Corporation http://www.archive.org/details/electionlawsofhaOOhawarich PROVISIONS OF THE ORGANIC ACT. Sec. 4. Citizenship. That all persons who were citizens of the Kepublic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. Under this provision all persons born or naturnlized in Hawaii prior to Augrust 12, 1898, became on that date citizens of the United States and of the Territory of Hawaii. .\1I persons Ijorn or naturalized in the Hawaiian Islands were citizens of the Republic of Hawaii. Const. Hawaii, 1894, Art. 17, s. 1. (C. L. 1897, p. 6.) All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the U. S. : s. 1, 14th Amendment to the U. S. Constitution. Chinese who were citizens of Hawaii 071 .Vn^. 12, 1898, either by birth or by naturalization whether under the nioniirchv or the republic, became American citizens under this s. : 23 Ops. 509: U. S. V. Ching Tai Sai, 1 Estee, 118. Between 1842 and 1892, 731 Chinese were naturnlized. The records of such naturalizations are now in the archives of Hawaii. Since 1892 no Chinese have been naturalized. Possibly one or two Japanese were naturalized prior to 1892; none have been naturalized since that date. A person born in the U. S. of parents of Chinese descent, subjects of the Emperor of China, but having a permanent domicile in the U. S. and there car- rying on business and not being engaged in any diplomatic or official capacity, becomes at the time of his birth a citizen of the U. S. bv virtue of s. 1, 14th Amendment Const. U. S. See U. S. V. Wong Kim Ark, 169 U. S. 649. Under the provisions of s. 2169, R. S., only aliens who are white persons or of African descent or nativity may be naturalized, thus excluding Chinese and Japanese. See 5 Fed. Stat. Ann., pp. 207 and 208. A judgment of naturalization of either a Japanese or Chinese is therefore void. In re Gee Hop, 71 Fed. 274.; In re Tamashita, 30 Wash. 234; In re Katzunuma, Ops. Atty. Gen. Haw., Sept. 28, 1907. From April 26, 1905, until June 30, 1910, the Secretary of Hawaii was authorized to issue certificates of Hawaiian birth to persons born in the Hawaiian Islands, which certi- ficates are prima facie evidence of the facts therein stated before an election or registration board. Act. 64, S. L. 1905, amended by Act 79, S. L. 1907, repealed by Act 15. S. L. 1909. In Territory v. Morita Kaizo, 17 Haw. 295, it was held that the Circuit Courts of Hawaii had under the provisions of the Rev. Stat, of the U. S. and the Organic Act the power to naturalize aliens. On appeal to the U. S. Supreme Court this point was raised, but not decided, the case being dismissed on jurisdictional grounds. Morita Kaizo v. Henry, 211 U. S. 146. The question as to the power of Circuit Courts to naturalize has been removed bv the act of June 29, 1906. 34 Stat, at L. 596, and by s. 9 of the act of May 27, 1910, ratifying all naturalizations of the Circuit Courts of Hawaii made prior to the act of June 29, 1906. See note to next s. For powers of board of registration respecting the exam- ination of persons desiring to register as voters, see s. 40, R. L., p. 16, and 88. 43 to 49, R. L., pp. 17, 18. Sec. 100. Naturalization. That for the purposes of natu- ralization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed eciuivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. All records relating to naturalization, all declarations of in- tention to become citizens of the United States, and all certi- ficates of naturalization filed, recorded, or issued prior to the O ORGANIC ACT. taking effect of the naturalization Act of June twenty-ninth, nineteen hundred and six, in and from any circuit court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. This s. is griven as amended by s. 9 of the Act of May 27, 1910. The first paragraph of the s., being the s. as it originally stood before amendment, has been held to have been repealed by implication by the Act of June 29, 1906, 34 Stat, at L., p. 596, entitled "An Act to Establish a Bureau of Immigration and Naturaliza- tion and to Provide for a Uniform Rule for the Naturalization of Aliens throusrhout the United States." See In re Bodiek, 162 Fed 469. The last paragraph of the s. removes the doubt as to the legality of naturalizations by the Circuit Courts of Hawaii prior to the taking effect of the Act of June 29, i906, above referred to. See Territory v. Morita Eaizo, 17 Haw. 295: same v. same, 18 Haw. 28, 658. Kaizo V. Henry, 211 U. S. 146. Sec. 60. Qualifications of Voters for Representatives. That in order to be qualified to vote for representatives a person shall : First : Be a male citizen of the United States. Second : Have resided in the Territory not less than one year preceding and in the representative district in which he offers to register not less than three months immediately pre- ceding the time at which he offers to register. Third : Have attained the age of twenty-one years. Fourth: Prior to each regular election, during the time prescribed by law for registration, have caused his name to be entered on the register of voters for representatives for his district. Fifth: Be able to speak, read, and write the English or Hawaiian languages. This applies to the first Territorial election as well as to subsequent elections: In re Loucks, 13 H. 17: residence in the Territory for a year means in the Hawaiian Islands and is not limited to the time subsequent to the establishment of the Ter- ritorial government: id.; a person who lives on a steamer engaged in inter-island trade does not thereby become resident of a particular precinct though the steamer docks in such precinrt and that is her home port : In re Irving, 13 H. 22. This s. is referred to also in 14 H. 146: 15 H. 266. For other qualifications of voters see Org. Act, ss. 4. 18, 62, 63 and note to s. 100; also see general election laws, s. 30, p. 13: ss. 42 to 49, pp. 16 to 18: ss. 50 to 53, p. 18; s. 55, p. 19; ss. 57 and 58, p. 19 ; also Act 78, S. L. 1907, appearing on p. 20. Sec. 62. Qualifications of Voters for Senators and in all other Elections. That in order to be oualified to vote for senators and for voting in all other elections in the Territory of HaAvaii a person must possess all the qualifications and be subject to all the conditions required by this Act of voters for representatives. Elections under county act and under city and county act are some of the "other elections" referred to in this section: in such cases the registration list for the last previous general election should be used; Fairchild v. Smith, 15 H. 265; see also Emmeluth v. Supervisors. 19 H. 171: also Act 39, c. 10, s. 31. S. L. 1905; and c. 10, Act 118, S. L. 1907; s. 42, Act 118, S. L. 1907, was held void in Emmeluth v. Supervisors, supra. Sec. 18. Disqualification: voters: office holders. No idiot or insane person, and no person Avho shall be expelled from the legislature for giving or receiving bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any criminal offense punishable by imprison- ORGANIC ACT. / ment, whether with or without hard labor, for a term exceed- ing one year, whether with or without fine, shall register to vote or shall vote or hold any office, in, or under, or by author- ity of, the government, unless the person so convicted shall have been pardoned and restored to his civil rights. See ss. 49, 63, 107-112, R. L., pp. 18, 22, 32-35, for penalties for offenses apainst election laws; also see Kanealii v. Hardy, 17 H. 18; Willis v. Kanealii, 17 H. 243; Brown v. laukea, 18 H. 140. Sec. 63. Disqualification: Army, Navy. That no person shall be allowed to vote who is in the Territory by reason of being in the Army or Navy or by reason of being attached to troops in the service of the United States. Cf. R. S. 8. 1860, Subd. 3. See. 12. Legislature. That the legislature of the Territory of Hawaii shall consist of two houses, styled, respectively, the senate and house of representatives, which shall organize and sit separately, except as otherwise herein provided. The two houses shall be styled "The Legislature of the Ter- ritory of Hawaii. ' ' Sec. 13. Legislators. That no person shall sit as a senator or representative in the legislature unless elected under and in conformity with this Act. Sec. 14. General Elections. That a general election shall be held on the Tuesday next after the first Monday in Novem- ber, nineteen hundred, and every second year thereafter: Pro- vided, hoicever, that the governor may, in his discretion, on thirty days' notice, order a special election beforo^he first gen- eral election, if, in his opinion, the public interests shall require a special session of the legislature. Referred to in Fairchlld v. Smith, 15 H, 266; For election of delegate see below for s. 85 of the Org. Act as amended by act of June 28, 1906, 34 Stat, at L. 550. For election of county officers see p. 35 for chapters 10 and 11 of act 39, S. L. 1905, as amended by Act 54, S. L. 1905, sec. 3. For election of city and county officers see p. 38 for chapters 10 and 11 of Act 118, S. L. 1907. For filling vacancies among legislators see p. 9 for s. 31, and p. 10 for s. 37, Org. Act. Under the provisions of Act 119, S. L. 1907, no liquor can be sold during \oting hours, except at a club, hotel or restaurant. Sec. 15. Each House Judge of Elections. That each house shall be the judge of the elections, returns, and qualifications of its own members. This prevents the secretary of the Territory and the courts from passing on the eligibility of a candidate for the legislature except when it is clearly their duty to do so: Harris v. Cooper, 14 H. 148; In re Contested Election, 15 H. 329, 332. This section was referred to also in Fairchild v. Smith, 15 H. 266. Sec. 85. Delegate to Congress. That a Delegate to the House of Representatives of the United States, to serve during each Congress, shall be elected by the voters qualified to vote for members of the house of repesentatives of the legislatui-e. Such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii. 8 ORGANIC ACT. Such election shall be held on the first Tuesday after the first Monday in November of every even year and at such places as shall be designated by the secretary of the Territory. The ballot for Delegate shall be such as the legislature of Hawaii may designate, and until provision is made by the Territorial legislature the ballot shall be of pink paper and shall be of the same general form as those used for the election of represtanta- tives to the legislature. The method of certifying the names of candidates for place on this ballot and all the conduct of the election of a Delegate shall be in conformity to the general election laws of the Ter- ritory of Hawaii. The person having the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Rep- resentatives, with the right of debate, but not of voting. In case of a vacancy occurring in the office of Delegate, the gov- ernor of the Territory is directed to call a special election to fill such vacancy. Provided, Jioicever, That no vacancy shall be filled which occurs within five months of the expiration of a Congressional term. This section is given as amended by act of June 28, 1906, c. 3582, 34 Stat, at Ij. 550, omitting however, the last paragraph of such amendatory act, which em- powers the legislature of Hawaii to amend any part of the election laws. For such last paragraph see below, p. 11, "Legislature May Alter Election Laws." Sec. 56. Town, City, and County Government. That the legislature may create counties and town and city municipali- ties within the Territory of Hawaii and provide for the gov- ernment thereof, and all officials thereof shall be appointed or elected, as the case may be, in such manner as shall be pro- vided by the governor and legislature of the Territory. This s, is given as amended by act March 3. 1905. 33 Stat, at L. 336; Cf. act June 8, 1878, 20 Stat, at L. 101; see also Castle v. Secretary, 16 H. 769; County V. Whitney, 17 H. 176; Emmeluth v. Supervisors, 19 H. 171. For election of county officers see p. 35 for chapters 10 and 11 of Act 39, S. L. 1905, .as amended by Act 54, S. L. 1905, s. 3. For election of city and county officers see p. 38 for chapters 10 and 11 of act 118, S. L. 1907; see also Emmeluth v. Super- visors, 19 H. 171, holding s. 42 of c. 10 and s. 70 of c. 12 of act 118, S. L. 1907, void. Sec. 16. Disqualification of Legislators. That no member of the legislature shall, during the term for which he is elected, be appointed or elected to any office of the Territory of Hawaii. See Org. Act s. 17 below, and s. 18, p. 6. Sec. 17. Disqualifications of Government OflBcers and Em- ployees. That no person holding office in or under or by authority of the Government of the United States or of the Territory of Hawaii shall be eligible to election to the legis- lature, or to hold the position of a member of the same while holding said office. Notaries and similar officers were held within inhibition of somewhat similar provision of Const, of 1887: to be eligible, officers must resign before, not after, election: In re Notaries, 8 Haw. 561. Sec. 57. Exemption of Electors on Election Day. That every elector shall be privileged from arrest on election day ORGANIC ACT. V during his attendance at election and in going to and returning therefrom, except in case of breach of the peace then com- mitted, or in case of treason or felony. Sec. 58. Exemption Electors from Military duty when; provision for taking vote of. That no elector shall be so obliged to perform military duty on the day of election as to prevent his voting, except in time of war or public danger, or in case of absence from his place of residence in actual military ser- vice, m which case provision may be made by law for taking his vote. THE SENATE. See. 30. Number of Members. That the senate shall be composed of lifteeii members, who shall hold office for four years: Provided, houerer, That of the senators elected at the first general election, two from the first district, one from the second, three from the third, and one from the fourth district shall hold office for two years only, the details of such appor- tionment to be provided for by the legislature. Referred to In re Loucks, 13 H. 19. Congress apportioned the senators on failure of the territorial legislature to do so: 32 Stat, at L. 200, c. 817, Cf. Org. Act s. 55 where power apportionment given. See. 31. Vacancies. That vacancies caused by death, resig- nation, or otherwise shall be filled for the unexpired term at general or special elections. Sec. 32. Senatorial Districts. That for the purpose of rep- resentation ill the senate, until otherwise provided by law, the Territory is divided into the following senatorial districts, namely : First district : The island of Hawaii. Second district: The islands of Maui, Molokai, Lanai and Kahoolawe. Third district : The island of Oahu. Fourth district : The islands of Kauai and Niihau. Apportionment of senators, see below for s. 33 Org. Act: method for voting for senators, see below for s. 61, Org. Act. The election districts are further partic- ularly described in Act 84, S. L. 1909. Sec. 33. Apportionment of Senators to be elected. That the electors in the said districts shall be entitled to elect senators as follows: In the first district, four ; In the second district, three ; In the third district, six; In the fourth district, two. For senatorial districts, see above, s. 32 Org. Act ; for method of voting for senators, see below, s. 61, Org. Act. Sec. 61. Method of Voting for Senators. That each voter for senator may cast one vote for each senator to be elected from the senatorial district in which he is entitled to vote. 10 ORGANIC ACT. The required number of candidates receiving the highest number of votes in the respective senatorial districts shall be the senators for such district. For senatorial districts, see above, s. .32 Org. Act; apportionment , of senators, see above, s. 33 Org. Act; disqualifications of government offieers and' government employees, p. 8, s. 17, Org. Act; other disqualifications, see p. fi, s. 18, Org. Act; for qualifications for senators, see below s. 34, Org. Act. Sec. 34. Qualifications of Senators. That in order to be eligible to election as a senator a person shall — Be a male citizen of the United States; Have attained the age of thirty years ; Have resided in the Hawaiian Islands not less than three years and be qualified to vote for senators in the district from which he is elected. Referred to In re Loucks, 13 H. 21. THE HOUSE OF REPRESENTATIVES. Sec. 35, Number of Representatives. That the house of representatives shall be composed of thirty members, elected, except as herein provided, every second year. Sec. 36. Term of Office. That the term of office of the representatives elected at any general or special election shall be until the next general election held thereafter. Sec. 37. Vacancies. That vacancies in the office of repre- sentative caused by death, resignation, or otherwise shall be filled for the unexpired term at special elections. Sec. 38. Representative Districts. That for the purpose of representation in the house of representatives, until otherwise provided by law, the Territory is divided into the following representative districts, namely: First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua. Second district : That portion of the island of Hawaii known as Kau, Kona and Kohala. Third district : The islands of IMaui, Molokai, Lanai, and Kahoolawe. Fourth district : That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pali to Mokapu Point. Fifth district. That portion of the Island of Oahu lying west and north of the fourth district. Sixth district : The islands of Kauai and Niiliau. Apportionment of representatives, see below for s. 39, Org. Act: method of voting for representatives, see below for s. 59, Org. Act. The election districts are further particularly described in Act 84, S. L. 1909. Sec. 39. Apportionment of representatives to be elected. That the electors in the said districts shall be entitled to elect representatives as follows : ORGANIC ACT. 11 In the first district, four ; In the second district, four; In the third district, six; In the fourth district, six ; In the fifth district, six ; In the sixth district, four. For representative districts, see above sec. 38 Org. Act; method of voting for representatives, see below sec, 59 Org. Act. Sec. 59. Method of voting for representatives. That eaeli voter for representatives may cast a vote for as many repre- sentatives as are to be elected from the representative district in which he is entitled to vote. The required number of candidates receiving the highest number of votes in the respective representative districts shall be the representatives for such districts. For representative districts see above, s. 38 Org. Act; apportionment of rep- resentatives, see above, s. 39 Org. .\ct; disqualifications of government officers and employees, see p. 8, s. 17 Org. Act; other disqualifications, see above p. 6, s. 18 Org. Act; qualifications of representatives, see below, s. 40 Org. Act. Sec. 40. Qualifications of Representatives. That in order to be eligible to be a member of the house of representatives a person shall, at the time of election — Have attained the age of twenty-five years ; Be a male citizen of the United States ; Have resided in the ITawniiaii Tslnnds not less than three years ; And shall be qualified to vote for representatives in the dis- trict from which he is elected. Referred to In re Loucks, 13 H. 21; see Harris v. Cooper, 14 H. 146, holding that the secretary of Hawaii cannot lawfully inquire into and pass upon qualifica- tions of candidates for the office of representative. Sec. 65. Legislature alter boundaries: apportion Senators. That the legislature of the Territory may from time to time establish and alter the boundaries of election districts and vot- ing precincts and apportion the senators and representatives to be elected from such districts. On changes of districts, see p. 9. s. 32, and p. 10, s. 38. Org. Act. The gov- ernor may nlso chanse precinct boundaries, s. 106, R. L., p. 31. This section was amended by implication by act of June 28, 1906, 34 Stat, at L. 550, giving the legislature the right to amend all £lection laws, see below. See also, act 39, c. 10, s. 30, S. L. 1905; and act 118, c. 10, s. 41, S. L. 1907: post. pp. 35 and 38. Sec. 64. Rules, regulations registering districts and pre- cincts continued in force. That the rules and regulations for administering oaths and holding elections set forth in Ballou's Compilation, Civil Laws, Appendix, and the list of registering districts and precincts appended, are continued in force with the following changes, to wit : The changes referred to are not inserted for the reason that the rules and regu- lations as amended by this s. are now e. 7, 8 and 9 of the R. L., which are set forth in this compilation under the title of "General Election Laws." Legislature may alter election laws. ' ' The legislature of the Territory of Hawaii shall have the right to alter or amend any part of the election laws of said Territory, including those pro- viding for an election of Delegate to Congress, and its action shall be the law, with full, binding force, until altered, amended, or repealed by Congress." This is a part of the act of .June 28, 1906. 34 Stat, at L. 550, which amended s. 8."i of the Org. Act. Sec pp. 7, 8 for the other provisions of the act. 12 REVISED LAWS. GENERAL ELECTION LAWS. PROVISIONS OF THE REVISED LAWS. CHAPTER 7.* ELECTIONS. GENERAL ELECTIONS. See. 25. Proclamation. At least forty days before any elec- tion, the governor shall issue an election proclamation and transmit copies of the same to the several boards of inspectors throughout the Territory or where such election is to be held. See ss. 106, 105, 61, par. 2, pp. 31, 32, 21. The general proclamation should be issued long enough prior to Aug. 3, to enable the several registration boards to decide on times and places for meetings, notice of which mus bte published not later than Aug. 3, see s. 39, p. 1 5 ; for con- tents of proclamation see s. 26 below; proclamations must be sent to inspectors of election in time to permit them to post same at least 7 days before elecion day, see s. 27 below and s. 61, par. 2, p. 21. Under s. 106, governor may alter precinct boundaries; if done in p-eneral proclamation, same should be issued not less than 60 days prior to election day. Supervisors issue proclamation for county election 60 days before general, and 40 days before special elections, act 39, c. 10, s. 36, S. L. 1905, p. 35. The mayor issues proclamation for city and county election 40 davs before general, and 30 days before special elections; act 118, c. 10, s. 47, S. 'L. 1907, p. 38. Sec. 26. Contents. Such proclamation shall contain a state- ment of the time and places where, and the purposes for which, the election is to be held. It may also contain any other relevant matter deemed proper by the governor, including an oifer of rewards for the detection and conviction of offenders against the election laws. See Brown v. laukea, 18 H. 151; also note to preceding section. Sec. 27. Publication. Such proclamation shall be published in the Hawaiian and English languages in one or more news- papers and copies of so much of such election proclamation as relates to the respective districts shall be posted in not less than three public and frequented places in each precinct where such election is to be held. See Brown v. laukea, 18 H. 151. * This c. and the next c. (except s, 27, which is given as amended by Act 6, S. L. 1907; the first paragraph of s. 39, which is S. L. 1903, e. 25, s. 1; the last paragraph of s. 40, which is S. L. 1894-5, c. 1, s. 1, C. L. s. 1101: s. 85, which is given as amended bv Act 129, S. L. 1907: and s. 101. which is S. L. 1894-5, c. 8, s. 16, C. L. s. IIOO": s. 58A, which is s. 1, Act 78, S. L, 1907; and s. 65. which is given as amended by Act 19, S. L. 1907;) are the rules (C. L., p. 785) relating to elections, which were made by the president of Hawaii with the approval of the cabinet under Const, of 1894, art. 79, as amended and continued in force by Org. Act. ss. 64, 65. and as amended under authority of act of June 28, 1906. 34 Stat, at L. 550. They are subject to change by the Territorial legislature. (See act just cited.) As to election districts and precincts, appeals, etc., see Org. Act, ss. 32, 38, 58, 64, 65; see also ss. 50, 106. For other provisions relating to elec- tions, see c. 8, R. L., on districts and precincts; c. 9, R. L., on offences against election laws, and Org. Act, ss. 12-65, miscellaneous. REVISED LAWS. 13 SPECIAL ELECTIONS. Sec. 28. To Fill Vacancy. Whenever any vacancy in the membership of the legishiture shall occur, the governor shall cause a special election to be held to fill the same. Any special election shall conform in all respects, except as otherwise in this chapter provided, to the regular biennial elections held under the provisions of this chapter. Vacancies in senate may be filled in general or special elections; in house, at special elections: Org. Act, ss. 31, 37, pp. 9, 10. Vacancies in county super- visors filled by governor, act 39, c. 13, s. 61, S. L. J 905; for filling vacancies in city and county supervisors, see act 118, c. 13, s. 77, S. L. 1907; for filling vacancies in office of delegate, see s. 83, Org. Act, p. 7. Sec. 29. In Case of Tie. In case of the failure of an elec- tion by reason of the ecpiality of vote between two or more candidates, a return in accortlanee with the facts shall be made by the high sheriff, or sheriff', as the case may be, to the gov- ernor, who shall immediately order a special election to fill such vacancy. In case of such special election the nominations of candidates already filed shall be sufficient. Nominations -for new candidates may also be made in accordance with the pro- visions of this chapter. On duties of high sheriff when there is not a tie, see ss. 99, 100, p. 30; on nominations, see s. ;il ; on county elections, see act 39, c. 10, s. 35, S. L. 1905, p. 36; on city and county elections, see act 118, c. 10, s. 46, S. L. 1907, p. 39; see also Blake v. Baker, 19 H. 264. See. 30. Register. At any intermediate special election the register of voters used at the last preceding general election shall be used without change. See s. 54 et seq, A voter who has moved may vote at special election in precinct in which he was last registered: s. 42; see on construction of "last preceding general election," Re Voters, 11 H. 370, not now applicable. The register used at the last preceding general election for representatives is the one to be used at all intermediate elec- tions, e. g., an intermediate general election for county officers, as well as at special elections for the legislature: Fairchild v. Smith, 15 H. 262: Emmeluth v. Supervisors, 19 H. 171; see also s. 58A, (Act 78, S. L. 1907), which probably is not amendatory of this section. CANDIDATES. Sec. 31. Nominations; Deposit; Withdrawal. No person shall be permitted to stand as a candidate for election to the legislature unless he shall be nominated and so requested in writing, signed by not less than twenty-five duly qualified elec- tors of the district in which an election is ordered, and in which he is requested to be a candidate. Such nomination shall, ex- cept as hereinafter provided, be deposited with the secretary of the Territory not less than thirty days before the day of a general election or twenty days prior to a special election, except on the island of Oahu, where such nomination shall be deposited not less than ten days before the daj' of any election. Each nomination shall be accompanied by a deposit of twen- ty-five dollars, on account of the expenses attending the elec- tion, which amount shall be paid into the treasury as a govern- ment realization. 14 REVISED LAWS. Upon receipt at the office of the secretary of the Territory of a nomination of a candidate, the day, hour, and minute when it was received shall be indorsed thereon. Provided, however, that in case of the withdrawal or death of a candidate, a new nomination or nominations to replace the name of the person who has died or withdrawn may be made, irrespective of such limit of time, with the inspectors of elec- tion of the districts in which such death or withdrawal has taken place, and the fee in this chapter required deposited with them. In such case a voter, while voting, may write the name of any such new candidate upon the ballot, and vote for it as in this chapter provided. On qualifications of candidates, see Org. Act, ss. 4, 18, 58, 60, 62, 63, and note to s. 72 of this e. See Willis v. Kanealii, 17 H. 244. 248: In re Election, 8 H, 604; Harris v. Cooper, 14 H. 145; Chandler v. Secretary, 19 H. 225, holding the foregoing statute mandatory, that in computing the time limit of 30 davs election dav must be ex- cluded, and that if the 30th day falls on a Sund.iy the time is not thereby extended to the following Monday, but that the secretary must receive nomination papers tendei-ed on Sunday; see also Ops. Atty Gen. of Haw., Oct. 5, 1908. Sec. 32. Withdrawal; Notice. Any candidate may with- draw, before an election, by giving notice to the secretary of the Territory in writing. If a candidate shall withdraw after the printing of the ballots such candidate shall also notify in writing the inspectors of election of the precincts in which he was a candidate ; and the inspectors shall post before the open- ing of the polls on election day a notice of such withdrawal, or of the death of any candidate, and also the name or names of any new candidates, at the polling place. Sec. 33. Assistants at Polls. Every candidate shall, on the day preceding the election, furnish the iuspectors at each pre- cinct with a complete list of the names of all persons allowed by law to be employed and so employed by him to assist at such precinct in the election, and no person whose name is not on such list shall be permitted to attend at the polling place on behalf of such candidate. Nothing in this chapter contained shall be construed to forbid the gratuitous assistance of any candidate by any person. See sis. 65 and 79, R. L. Sec. 34. Election Expenses, Statement. Within twenty days following any election, each candidate and each agent or committee acting for or on behalf of any candidate, shall file with the secretary of the Territory an itemized statement of his or their expenses by, for, or on behalf of such candidate for election, showing each amount expended, the purpose or object for which each expenditure was made, and the person or persons to whom made ; which statement shall be sworn to by each person making such expenditures and shall be open to public inspection. Sec. 35. No Expenses, Statement. If a candidate ot any agent or committee acting on his behalf has, or have, incurred REVISED LAWS. . 15 no expenses on account of such election, he and they shall file within twenty days after the election, with the secretary of the Territory, a sworn statement setting forth such fact. Sec. 36. What Expenses Legal, The following expenses, and no other, may be legally incurred by or for a candidate for election as senator or representative, viz : 1. His personal expenses as a candidate ; 2. Expenses of printing and advertising; 3. Cost of stationery and postage ; 4. Expenses of public meetings ; 5. Rent and supplies of committee rooms not to exceed one for each polling place ; 6. Salaries of not more than one clerk and two messengers for each polling place ; 7. Salaries of not more than one watcher, on election day only, at each polling place. BOARDS OF REGISTRATION. Sec. 37. Appointment, Tenure. For the purpose of exam- ining applicants for registration as voters and determining their eligibility, there shall be five boards of registration, one for that portion of the island of Hawaii known as Puna, Hilo and Hamakua; one for that portion of the island of Hawaii known as Kau, Kona and Kohala ; one for the islands of Maui, Molokai, Lanai and Kahoolawe; one for the island of Oahu; and one for the islands of Kauai and Niihau. Such boards, which shall consist of three members each, shall be appointed by the governor by and with the advice and consent of the senate, and their terms of office shall be four years. Appoint- ments made by the governor when the senate is not in session shall be valid until the succeeding meeting of that body. See Brown v. laukea, 18 H. 151 ; s. 32, act 39, S. L. 1905, p. 36; s. 43, act 118, S. L. 1907, p. 39; also act 84, S. L. 1909. The boards are removable by the governor with the consent of senate: Org. Act, s. 80. Sec. 38. Meetings. The boards shall meet within their respective districts at such times between the last day of August and the tenth day of October in the year nineteen hundred and six, and between such days in each second year thereafter, as many times as may be necessary to enable them to register all persons entitled to register. Prior to act 78. S. L. 1907, which took effect April 19, 1907, persons registered at a meeting held later than the time prescribed, conld not vote. Ee Kapahu, 8. H. 738. Since that act took effect, persons who fail to register by reason of sickness or absence from the Territory during the last preceding registration period, may be registered at any time not later than the day preceding any election by conforming to the special requirements of that act. This section referred to in Brown V. laukea, 18 H. 151, and in Emmoluth v. Supervisors, 19 H. 171; see s. 104, p. 31, for compensation, and Ops. Atty. Gen. of Haw., June 2, 1908, holding that actual service after Oct. 10, may be paid for. Sec. 39. Notice of Meetings; Adjournments. It shall be the duty of the boards of registration of the several districts to 16 . REVISED LAWS. publish a notice in English and Hawaiian of all meetings of the board in newspapers of general circulation in the district and by posting notices in at least three places in each district. The first publication shall be not less than four weeks before such meetings and the notices shall appear Aveekly for at least three weeks. The hours which the board shall be in session shall be given in such notices as well as the day. The time and place of all meetings of the several boads shall be advertised in the English and Hawaiian languages, in news- papers or by notices posted in at least three frequented places in the locality where such meetings are to be held. This para- graph shall not be construed to prohibit the adjournment of any such advertised meeting from day to day to a time certain, announced at the time of adjournment. Sec. 40. Powers. Each board of registation is hereby given all the powers and authority, for the summoning and examin- ing of witnesses and the maintenance of order, including the power to punish for contempt, by law given to circuit courts. Every member of the boards of registration of voters is here- by authorized to administer oaths in all cases in which oaths are by law authorized. On powers of circuit courts as to witnesses, see R. L. ss. 1651, 1897; as to contempts, R. L. s. 3069 ; on administering oaths, see also s. 48. Sec. 41. Records of Procesdings. In addition to the regis- ter of voters herein provided to be kept, the several boards shall each keep books of record in w^hich full and detailed minutes shall be preserved of all their jirocpedings. Such minutes shall be kept from day to day, and shall contain : 1. The date and place of the meeting ; 2. The names of the members of the board present : 3. The name of each person applying for registration ; whether such name was registered or rejected, and if rejected, the reason therefor ; 4. The name of each person to whom an oath is adminis- tered, and, if an examination is held, the names of the wit- nesses and the substance of the answers of the applicant and of the witnesses ; 5. The name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered thereon : 6. All other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it. Records of board are prima facie evidence, and are open to inspection : ss. 101, 102, p. 31 ; see also Willis v. Kanealii, 17 H. 248. APPLICATIONS AND EXA:\[INATI0NS FOR REGISTRATION. Sec. 42. Place of Registering and Voting. Every person qualified to register may do so in the precinct in which he REVISED LAWS, 17 resides ; and no person shall register or vote in any other pre- cinct than that in which he resides. If any person resides in more than one precinct, he may elect which precinct he will register in ; but he shall register in one precinct only. Provided, Jioiccrer, that at any special election, any person who has previously registered, and since registering has moved his residence to another precinct without having had an oppor- tunity to register therein, may vote in the precinct in which he was last registered. Residence in the Territory for one year and district for three months is neces- sary: Org. Act, 8S. 60, 62. Persons in the Territory merely by reason of being in the army or navy cannot vote : Id. s. 63. Special provision may be made for re- ceiving votes of persons absent on military duty: Org. Act, s. 58. For other quali- fications ,see Odg. Act, ss. 18. 58, 60, 62, 63, and note to s. 100, pp. — of this compilation. As to the effect of, and what constitutes, change of residence, after registering, see King V. Hobron, 8 H. 152. One who has no place of abode except on a steamer engaged in inter-island trade, is not a resident of any particular ))recinct : Re Irving, 13 H. 12. On districts and precincts, see R. L. ss. 105, 106 and Act 84, S. L. 1909. Sec. 43. Personal Application Required. No name shall be placed upon the re<4ister of voters for either senators or repre- sentatives except upon the personal appearance of the applicant before the board of registration at an advertised public meet- ing of the board. Application in writing, without personal appearance, is not sufficient: Ee Elec- tion Laws, 8 H. $92; also Id. 8 H. 594; see Act 78, S. L. 1907, (s. 58A). Sec. 4-1, Examination. Each applicant to be placed upon the register for either senators or representatives, shall, upon each application for registration, be examined under oath by the board of registration as to each one of the required qualifi- cations ; provided, hoirerer, that after an applicant shall have once passed an examination concerning his ability understand- ingly to speak, read and write the English or Hawaiian lan- guages, it shall be at the discretion of the board to examine him further or not, concerning such qualification. As to voters for delegate see s. 85. Org. Act, as amended by act of June 28, 1906, 34 Stat, at L. 550, p. 7; for qualifications see s. 42, and Org. Act., ss. 4, 18, 60, 62. 63, 100 and notes. On administering oaths, see ss. 40, 48; see also Ops. Atty. Gen. of Haw., Oct. 19, 1908. Sec. 45. Scope. The examination, number of witnesses, and time or times of examination, shall be under the reasonable control and discretion of the board. Sec. 46. Burden of Proof. No board of registration shall enter the name of any person upon the register of voters for either senators or representatives until satisfied that such per- son possesses the requisite qualifications. As to voters for delegate, see s. 85 Org. Act as amended by act of June 28, 1906. 34 Stat, at L. 550; also Act 78, S. L. 1P07 (s. SSA). The registration list is conclusive on the right of a person to vote, Brown v. laukea, 18 H. 140. Sec. 47. Challenging. Any lawful voter may challenge the right to register of any person claiming to be eligible to register as a voter, cross-examine the applicant and any witnesses pro- 18 REVISED LAWS, duced by him, and may produce and examine witnesses against such eligibility. See Act 78, S. L. 1907 (s. 58A) ; and ss. 50-53, 55-58 R. L. ; in Brown v, laukea, 18 H. 140, held that a voter cannot be challenged at the polls. Sec. 48. Examination Under Oath. The examination of the applicant and of all witnesses examined before any board of registration, shall be under oath, administered by any of the members of such board, who are by this chapter authorized to administer oaths for such purpose. On administering oaths, see ss. 40, 44; also Act 78, S. L. 1907 (s. 58A). Sec. 49. Perjury. Any person who shall, under oath, know- ingly make any false statement before any such board ; or who, knowing that he is not entitled to register or to vote, shall so register or vote, shall be guilty of the offense of perjury. On perjury see R. L., c. 203; also s. 63, and Brown v. laukea, 18 H. 140. APPEAL FROM BOARD OF REGISTRATION. Sec. 50. To Supreme Court; If any board shall refuse to register the name of any person applying to be registered, the person refused, and, in case any name has been registered, any legal voter, may, at any time within ten days after the decision of such board, appeal to the supreme court in the manner pro- vided by law for civil appeals to the supreme court from the circuit court, or in such manner as may hereafter be provided by law. On appeals see R. L. c. 123; see also Act 78, S. L. 1907 (s. 58A) ; and. In re Loucks, 13 H. 17; In re Irving, 13 H. 22; Brown v. laukea, 18 H. 140 Sec. 51. Hearing; Decision Final. Upon such appeal being perfected, the supreme court shall proceed to hear such cause either in term time or in vacation, as soon thereafter as reason- ably may be ; and the determination by such court of such ques- tion shall be final. Sec. 52. Decision, Notice; Action on. Immediately upon rendering a decision upon any such appeal, the supreme court shall notify the board of registration from which such appeal was taken ; and if such decision shall reverse the decision of the board, such board shall immediately cause the register to be corrected to conform with such decision. Register cannot be changed except by order of the board, or by appeal to the Supreme Court, Brown v. laukea, 18 H. 140; see also ss. 55, 57, 58; see Act 78, 8. L. 1907 (s. 58A). Sec. 53. Status Pending- Appeal. In case of an appeal from a decision of any board admitting the name of any person to registration, the name of such person shall remain upon the register pending the decision of the supreme court concerning the same. If the person so registered shall vote at any election before a decision of the court shall have been made and acted upon, such vote shall not invalidate such election, even though the decision of the court shall be adv^erse to the registration of such name. See Brown v. laukea, 18 H. 140. REVISED LAWS. 19 REGISTER OF VOTERS. Sec. 54. Defined. The rej^ister of voters shall consist of a list of the names of the persons who have registered as voters in any election district, arranged alphabetically by precincts. Although there is no specific requirement to such effect, the original of each precinct register, with all corrections and additions noted therein should be deposited with the Secretary of Hawaii immediately after the general election day. This is the register referred to in s. 30. Sec. 55. Adding- to or Striking from. No name shall be registered or .stricken from tlie regi.ster except in an open meet- ing of the board and upon public announcement, except for the following causes, viz: 1. In case the supreme court shall render a decision upon appeal, reversing the decision of the board : 2. In case the board has decided that a person is entitled to registration and his name has been accidentally omitted from the register, misspelled, or he therein been misnamed. On changing register, see also ss. 52, 57, 58; also Act 78, S. L. 1907 (s. 58A) ; and Brown v. laukea, 18 H. 140. Sec. 56. Copies Furnished Inspectors ; Posting^. The respec- tive boards shall as soon as reasonably may be after the register of voters for any voting precinct is completed, prepare four copies thereof and forward them to the chairman of inspectors of election for such precinct ; or. in case such officer shall not then have been appointed, to the deputy sheriff of the district in which such precinct is located. The officer receiving such copies shall retain one for use at the election, and immediately post the other copies in three pub- lic and frequented places within the precinct, for the inspection of the public. Sec. 57. Changed, When and Why. If it shall be manifest to any board, at any time, that the name of a person admitted to registration has been accidentally omitted from the register, or misspelled, or that he has been misnamed therein, such board shall immediately remedy such omission or mistake, and, if a copy of the register has been sent to the election precinct in which such person is entitled to vote, shall immediately in writing, order the inspectors of election for such precinct to correct such copy of the register. Such order shall set forth the reasons for the action directed to be taken, and shall be retained and filed by the inspectors of election as a part of the records of the election. The power of revision and correction hereby conferred, shall not be construed to allow the reopening of the question of the qualifications of any person registered by the board. On changing register, see also ss. 52, 55, 58; also Act 78, S. L. 1907 (s. 58A). See. 58. Changed Only by Board. No name shall be added to or stricken from the register of voters, or in any man- ner changed by the inspectors of election, except upon the written order of the board of registration for such district. 20 REVISED LAWS. No change shall be made in the copy of the register of voters furnished to the inspectors by the board of registration ex- cept by the inspectors, upon and in accordance with the written order of the board of registration for the district. The name, date and reason for each change or correction made shall be entered in the inspector's record. On changing register see also ss. 52, 55, 58; also Act 78, S. L. 1907 (s. 58A) For general discussion of ss. 54-58, see Brown v. laukea, 18 H. 140. [Sec. 58 A.] Failure to Register. (Act 78, S. L. 1907, p. 99, Sec. 1.) No qualified elector shall be disqualified from voting by reason of his failure to register, if such failure be caused by sickness or absence from the Territory, during the last preceding registration period, provided that he shall make and present to the Board of Registration not later than the day preceding any election an affidavit in writing showing that his failure to register was caused by such sickness or ab- sence, and shall also set forth in said affidavit his place of residence and the facts necessary to show that he is a qualified voter in said precinct, and shall prove before said Board by affidavit of two qualified electors of the precinct in which he offers to vote that he is a qualified elector of the Territory and of the said precinct, stating the length of time said elector has resided in his representative district and in the Territory, and that such person offering to vote was absent from the Territory or by reason of sickness unable to register during the last preceding registration period. The aforesaid affidavits shall be subscribed and sworn to before a member of the Board of Registration. If it shall appear from said affidavits and be manifest to the Board of Registration that said elector desiring to vote has failed to register because of sickness or absence from the Ter- ritory as aforesaid, such Board shall immediately remedy such failure to register by adding the name of such elector to the register of voters, and if a copy of the register has been sent to the election precinct in which said elector is entitled to vote, shall immediately, in writing, order the inspectors of election of such precinct to correct such copy of the register by adding the name of such elector. Such order shall set forth the reasons for the actions directed to be taken, and shall be retained and filed by the inspectors of election as a part of the records of the election. On personal appearance and examination see also ss. 43, 44; refusal of board to register ss. 50, 52 ; changing register, ss. 52, 55, 57, 58 ; generally, ss. 46, 47, 48. INSPECTORS OF ELECTION. Sec. 59. Number, Appointment, Vacancies. There shall be three inspectors of election for each precinct. They shall be appointed by the governor, as far as reasonably practicable, from the opposing parties. In case of inability, failure or refusal of any person so ap- pointed to act as such inspector, the governor shall, so far as REVISED LAWS. 21 reasonably practicable, appoint a person to fill such vacancy from the same party that such person so failing to act be- longed to. Provided, however, that if it is impossible to communicate with the governor in time for him to make such appointment before the election is held, the remaining inspector or inspec- tors shall appoint a person or persons to fill such vacancy. Inspectors are appointed and removed by the governor with the consent of the senate : Org. Act, s. 80. For compensation of inspectors, see s. 104, R. L. Sec. 60. Chairman; Majority Decides. Unless otherwise directed by the governor, the inspector first named in the respective lists of boards of inspectors, shall be the chairman and shall preside at all meetings of the inspectors. A decision of a majority of the members of the board of inspectors shall be the decision of such board. In all cases under the provisions of this chapter where duties are to be performed by the chairman of the inspectors, such duties may be performed by some other one of the inspectors, whenever the chairman is temporarily absent or is otherwise for the time being unable to perform such duties. Sec. 61. Duties. It shall be the duty of the several boards of inspectors: 1. To post, as soon as received, written or printed copies of the register of voters received from the board of registration, in at least three public and frequented places in their several precincts; (see s. 56.) 2. In similar manner, to post all election proclamations at least seven days before any election, and at the opening of the polls to post the specimen ballots and cards of instruction, as in this chapter required; (see s. 27.) 3. To correct the copy of the register of voters, when, and in the manner ordered by the board of registration; (see ss. 57, 58.) 4. To prepare the polling places in the manner in this chapter required ; preside at each election and have full charge of the same and preserve order at the polls; (see s. 66 et seq.) 5. To record the name of each person polling a vote, and also check off, upon the register of voters furnished by the board of registration, the name of each voter polling a vote; 6. To ascertain and publicly announce the result of the election; (see ss. 92-97.) 7. To transmit the result of the election to the sheriff of the island, except in the island of Oahu, where the result shall be transmitted to the high sheriff; (see ss. 97, 98.) 8. To preserve and transmit to the Secretary of the Terri- tory all ballots polled, canceled or unused, together with all electoral lists and records concerning the election, and copies of the statements of the result of the election; (see s. 98.) 9. To keep a complete record of all transactions and pro- ceedings of the board of inspectors; (see ss. 58, 97, 101, 102.) 22 REVISED LAWS. 10, In case of the withdrawal or death of any candidate whose name has been printed on the ballots, or nomination of new candidates, to post a notice of such facts at the polls; (see ss. 31, 32.) 11. To care for the ballot boxes and other property per- taining to elections, and generally to do and perform all other acts, matters and things by law required of them or whicn are necessary or properly incidental to the execution of their duties. Sec. 62. May Administer Oaths. Each inspector of elec- tions is hereby empowered to administer any oath in this chap- ter provided to be administered by the inspectors of election. Sec. 63. Perjury. Any person taking any oath in this chapter prescribed or authorized to be administered, and wil- fully making oath to any false statement of fact, or wilfully making a false answer to any question put to him thereunder, shall be guilty of perjury. On perjury see R. L. c. 203 : also see s. 49, and fdt general discussion of ss. 59-63 see Brown v. laukea, 18 H. 140. POLLING PLACES, COT^IPARTMENTS, BALLOT BOXES, ETC. Sec. 64. None Where Liquor Sold. No polling place shall be on any premises where the sale of intoxicating liquors, beer or wine is licensed. Sec. 65. Marking Compartments. The inspectors shall cause to be provided within the polling apartment not less than three voting shelves or compartments at or in which voters may conveniently mark their ballots. Such shelves shall be so arranged that in marking ballots thereon the voters may be screened from the observation of others. A guard rail shall be so constructed and placed that only such persons as are inside said rail can approach within six feet of the ballot boxes and of such voting shelves or compartments. The arrangements shall be such that neither the ballot boxes nor the voting shelves or compartments shall be hidden from the view of those just outside the said guard rail. No person other than the election officers, and voters in the act of preparing their votes, or voting, shall be admitted within said rail, except by authority of the inspectors for the purpose of keeping order and enforcing the law. Each voting shelf or compartment shall be kept provided with conveniences for marking the ballots. This s. is given as amended by Act 19, S. L. 1907. See ss. 33, 79. Sec. 66. Voting Compartments. The inspectors shall pre- pare at each polling place a suitable compartment or space in which shall be placed at a point convenient for voters, the two ballot boxes herein provided for. REVISED LAWS. 23 Sec. 67. Ballot Boxes The Secretary of the Territory shall provide two suitable ballot boxes for each polling place. One of such boxes shall be marked in plain letters "For Senators," and the other "For Representatives." They shall bear no other device or mark. Such boxes shall be made of wood, of a single thickness of boards, not over one inch nor less three-quarters of an inch in thickness. They shall be smooth inside and out and shall have a hinged lid fastened securely by a good lock or locks. In the center of such lid there shall be an aperture of not more than three inches in length, and not over one-quarter of an inch in width, which may be protected by a lid or raised edge. Brown v. laukea, 18 H. 140. BALLOTS. Sec. 68. Defined. All elections shall be held by ballot only. A ballot is a written or printed, or partly written and partly printed paper containing the names of persons to be voted for and the office to be filled. Sec. 69. Contents. A ballot shall contain the name or names of the person or persons to be voted for; the office or offices for, and the district in which the election is being held ; and the term or terms of the respective offices being voted for. The name or names of the candidate or candidates shall be printed with the Hawaiian or English equivalent, if such there be, if the candidate shall so request the Secretary of the Ter- ritory in writing at the time his nomination is filed with the Secretary of the Territory. A ballot shall bear no word, motto, device, sign or symbol other than allowed in this chapter, and shall be so printed that the type shall not show a trace on the back. See s. 94. R. L., on what ballot may contain: also s. 31: also Brown v. laukea, 18 H. 152-155. Formerly in the absence of s^ntu^e to the contrary, names of can- didates might be in either or both languages : Re Boss, 8 H. 478 : Re Election Law, 8 H. 592. Sec. 70. Color. The ballots for senators shall be of blue paper and the ballots for representatives of white paper. Sec. 71. For Senators. The ballots used in any senatorial election district for the election of senators, shall be of uni- form size, weight, shape, thickness and of the same sizing color. Except as provided in section 31, the ballots for each senatorial district shall contain the names of all candidates for senators for such district who have been duly nominated in the manner in this chapter provided, and shall contain no other name. Sec. 72. For Representatives. The ballots used in any rep- resentative election district for the election of representatives, shall be of uniform size, weight, shape, thickness, and of the same sizing color. Except as provided in section 31, the ballots for each representative election district shall contain the names 24 REVISED LAWS. of all candidates for representatives for such district who have been duly nominated in the manner in this chapter provided, and shall contain no other name. See Willis v. Kanealii, 17 H. 244; Brown v. laukea, 18 H. 151. The secretary prepares the ballots: ss. 74-76. He should see if the requirements of s. 31 for a due nomination had been complied with, and should or should not place the names of candidates on the ballots accordingly, and may be compelled to do this by mandamus, but he cannot go back of the question of due nomination and inquire into the question of eligibility of the candidate, nor can the court compel him to omit the name of an ineligible candidate: Harris v. Cooper, 14 H. 145; Chandler v. Secretary, 19 H. 225. If a special election shall be held at the same time as a general election the ballot may be either joint or separate: Re Election Law, 8 H. 594. The secretary also prepares the ballot for the Delegate, which ballot, until the legislature otherwise provides, shall be of pink paper and shall be of the same general form as those of representatives : s. 85 Org. Act as amended by act of June 28, 1906, 34 Stat, at L. 550. The ballot for County officers is prepared by the County Clerk, is of green color and the general form, arrangement, number and style of printing as the ballots for senators and representatives. Act 39, c. 10, s. 39, S. L. 1905. The City and County Clerk of Honolulu performs a like duty, the ballots to be the same as for County officers. Act 118, c. 10, s. 49, S. L. 1907. Sec. 73. Arrangement of Names, Etc. The names of the candidates shall be placed upon the ballot in alphabetical order. A horizontal line shall be ruled between each name and its equivalent, if any, and the next name. Immediately after all the names, on the right hand side of the ballot, a ver- tical line shall be ruled, so that, in conjunction with said hori- zontal lines, a rectangular space shall be inclosed opposite each name and its equivalent, if any, of sufficient size to give ample room in which to designate the choice of the voter in the man- ner in this chapter prescribed. All of the names upon a ballot shall be placed at a uniform distance from the left hand edge thereof, and close thereto. Sec. 74. Printing" and Distributing. The ballots shall be printed by the Secretary of the Territory at government ex- pense. There shall be sent to each precinct not less than two ballots for each name upon the register of voters at the last preceding election. In case the boundaries of any precinct shall have been changed since the last preceding election, the number of ballots sent shall be such as shall be estimated by the Secretary of the Territory to be twice the number of voters in such precinct. On change of boundaries, see s. 106; also Org. Act, ss. 64. 65. Sec. 75. Sealed Until Polls Open. When printed the bal- lots shall be fastened together in blocks of one hundred each, in such manner that each ballot may be detached and removed separately. They shall be forwarded by the Secretary of the Territory to the inspectors in sealed packages, which shall not be opened until the opening of the polls in the manner in this chapter provided. A record of the number of ballots sent to each board of inspectors shall be kept by the Secretary of the Territory, Sec. 76. Distributed When. The ballots, specimen ballots, and cards of instruction herein provided for, shall be sent by the Secretary of the Territory to the several boards of inspec- tors so that they shall be received at least two days prior to the election. REVISED LAWS. 25 Sec. 77. Blank Ballots. As soon as practicable after the appointment of the several boards of inspectors, or immedi- ately after a special election is ordered, the Secretary of the Territory shall supply the several boards of inspectors with blank ballots of the paper and character and lined as required in this chapter. The number of such blanks shall be at least twice as many as the number of voters in the several precincts wherein the election is to take place. In case of any miscarriage or default whereby the printed ballots in this chapter provided for shall not be available at any precinct for use on election day, whether by reason of their not being received by the inspectors or of their destruc- tion or loss, the inspectors of such precinct shall ascertain, by examination upon oath or otherwise, who the duly nominated candidates for such district are, and shall cause to be prepared upon such blanks and as near as may be in accordance with the directions in this chapter contained concerning the ar- rangement of the names, sufficient ballots for the purpose of the election. In no case other than that named in this sectioti shall such blanks be used; and immediately after each election the inspectors shall return all unused blanks to the Secre- tary of the Territory. CONDUCT OF ELECTION, VOTING, ETC. See. 78. Hours for Voting. The polls shall be opened by the inspectors at 8 of the clock upon the morning of the election day, and shall be kept open continuously until 5 of the clock in the afternoon of said day, unless all of the registered voters of the precinct shall have polled their votes previously to that time, after which the polls shall be closed and the votes counted as in this chapter provided. Under the provisions of Act 119, S. L. 1907, no liquor can be sold during voting hours on election days, except at a club, hotel or restaurant. Sec. 79. Admission Within Polling Place. The inspectors shall, previously to opening the polls, set apart a sufficient space around the polling place to prevent interference with the conduct of the election ; and no person, other than the inspectors, the candidates or their respective agents, not more than two each, and such voters, not exceeding six at a time, as are for the time being actually engaged in voting, shall be permitted within the space so set apart during the time appointed for voting. See also ss. 33, and 65 as amended by Act 19, S. L. 1907, on admission within polling places. Sec. 80. Soldiers at Polls. No soldier shall go to the poll- ing place for any purpose in uniform ; nor shall any military or other organization march or go to the polling place in a body. Persons in Territory by reason of being in armv or nhvv cannot vote: Org. Act. 8. 63. - 6 . 26 REVISED LAWS. Sec. 81. Procedure Upon Opening- Polls. At the opening of the polls for election, the chairman of the inspectors shall, in presence of any bystanders, publicly open the ballot boxes and expose them to all persons present, that it may be seen that they are empty. They shall then be closed and locked and on no account opened till the poll is closed. At the opening of the polls the seals of the packages of ballots shall be publicly broken and the packages opened bj^ the chairman. A card of instruction detailing the method of marking ballots and of voting, and a specimen of each ballot shall be immediately posted at or in each voting shelf or compart- ment herein provided for; and not less than three such cards and three specimens of each ballot shall be immediately posted in conspicuous places outside the polling room. Sec. 82. Method of Folding Ballot. Before delivering a ballot to a voter the inspectors shall fold it twice, first across the middle so as to form a rectangle, and again in the same manner and in the same' direction, and in such manner as to conceal the contents thereof. Sec. 83. Delivery of Ballot to Voter. When any duly qualified voter shall offer to vote, the chairman of inspectors shall deliver to such voter a ballot or ballots for representa- tives or senators, as the case may be, properly folded as in this chapter provided. No one shall vote unless his name is on the register: Re Election Law, 8 H. 594. On correcting register, see ss. 52, 55, 58; also Act 78, S. L. 1907, (s. 58A). Sec. 84. Explanation to Voter. The inspectors of election may, and upon request shall, explain to the voter the mode of voting. Sec. 85. Method of Voting'. Upon receiving the ballots so folded as aforesaid, the voter receiving the same shall forth- with proceed into one of the compartments provided for the purpose, and shall then and therein mark his ballot in the manner in this chapter prescribed. He shall then refold the ballot or ballots in the same folds as it or they were in when handed to him by the inspectors, and shall, without delay and without showing or in any way displaying the contents of the ballot to anyone except as provided in section 90, leave the compartment and deliver such ballot or ballots so folded, to the inspector of election in charge of the ballot boxes, who shall not open or unfold the same, but shall examine the ends of the same sufficiently to be satisfied that there is but one ballot enfolded, where- upon the ballot or ballots shall be immediately dropped into the proper box or boxes by such inspector. No ballot enclosed in an envelope or wrapper of any kind shall be received or counted. Inspnctors must record and check off i the name of each person voting: s. 61, subd. 5. REVISED LAWS. 27 Sec. 86. Method of Marking Ballot. A voter shall desig- nate his choice for senators, representatives and delegate re- spectively by marking a cross, thus — X, with a black lead pencil in the righthand space or spaces provided for such purpose, opposite the name or. names of the candidate or candidates for whom he desires to vote. This s. is given as amended by Act 129, S. L. 1907. Sec. 87. Secrecy of Ballot. No voter shall exhibit his ballot to any other person, nor shall any person look at or ask to see the contents of the ballot of any voter, except as provided in section 89; nor shall any person within the space set apart for a polling place attempt to influence a voter in regard to whom he shall vote for. "When a voter is in the balloting compartment for the purpose of mari^ing his bal- lot, no other person shall, except as provided in section 89, be allowed to enter the compartment or to be in a position from which he can observe how the voter is marking his ballot. Sec. 88. Not to Remove or Exhibit Ballot. No person shall take a ballot out of the polling place; and if any person having received a ballot shall leave the polling place with- out first delivering the same to the inspector of election as provided in this chapter, or shall wilfully exhibit his ballot except as provided in section 89, after the same shall have been marked, he shall thereby forfeit his right to vote, and the chairman of inspectors shall cause a record to be made of such proceeding. Sec. 89. Assistance of Disabled Voter. Any voter who, by reason of blindness or other physical disability, is unable to mark his ballot, shall, if he so requests, receive the assist- ance of one of the inspectors in the marking thereof. Be- fore rendering such assistance the inspectors shall be satisfied that such physical disability exists. Inability througii ignorance, not through blindness, to read or write is not a physical disability. Ee Election Law, 8 Haw. 592. Sec. 90. Spoiled Ballots. If a voter spoils a ballot he may obtain one other, upon returning the spoiled one. The ballot thus returned shall be canceled immediately, and the reasons for such cancelation indorsed thereon and signed by the chairman of inspectors. COUNT. See. 91. Count, Public. In so far as the limits of the room in which the voting takes place shall reasonably allow, no person shall be prevented from attending the counting of the ballots on election day, unless it is necessary so to do to preserve the peace. Sec. 92. Method of Counting:. More Ballots Than Recorded. Immediately after the close of the polls the chairman of in- \ 28 REVISED LAWS. speetors shall open the ballot box and proceed to count the votes as follows: The whole number of ballots shall first be counted to see if their number corresponds with the number of ballots cast as recorded by the inspectors. If there are more ballots than such record calls for, the chairman of inspectors shall replace all the ballots in the ballot box, and close, lock and shake the same so as to thor- oughly mix the ballots. The box shall then be opened and a cloth laid over it, and the chairman of inspectors, having first held up his open hand Avith the arm bared to his elbow, shall introduce his hand under the cloth covering the ballot box and draw there- from, without looking, one ballot at a time, until the number of ballots in the ballot box is reduced to correspond with the number of names of voters who have voted, as recorded on the inspectors' list. The ballots so removed shall be marked immediately, be- fore proceeding further with the count, in such manner that they can afterwards be identified, and signed by the chairman of inspectors and shall be preserved with the records. If the inspectors, after withdrawing a ballot because the number counted ex- ceeds the number checked oflf, discover that they have omitted to check off the name of one who has voted, they should recount the ballots, including the one withdrawn: Mattoon v. Barnard, 8 H. 734. Sec. 93. Not More Than Recorded. If the number of ballots correspond with the number of persons recorded by the inspectors as having voted, or shall be less than such niimber, or shall, by the means provided herein have been made to correspond therewith, the inspectors shall then pro- ceed to count the vote cast for each candidate. Sec. 94. Rejected Ballots. If more names are voted for on a ballot than there are offices to be filled; or. If on a ballot for representatives a larger number of votes are marked than the law authorizes; or. If a ballot contains any mark or symbol whereby it may be identified, or any mark or symbol contrary to the pro- visions hereof; or. If two or more ballots are found in the ballot box so folded together as to make it clearly evident that more than one ballot was put in by one person; or, If a ballot in any other way be contrary to the provisions hereof; then such ballot and all it contains must be rejected. But no ballot shall be rejected for containing a less num- ber of names voted for than the law authorizes. Each ballot which shall be held to be invalid as aforesaid shall be indorsed on the back by the chairman of inspectors, with his name or initials, and the word "rejected." Ballots are invalid if two are folded together, whether fraud is intended or not : Re Faikuli, 8 H. 683; or if the cross mark is inclosed in a parenthesis: Mattoon ▼. Barnard, 8 H. 733: Brown v. laukea, 18 H. 139; or if the cross mark is on the left hand side of the candidate's name: Be Eapahu, 8 H. 737; or if the cross mark is in the same space with the candidate's name, or if the voter writes the candidate's REVISED LAWS. 29 name instead of making a cross mark (except as provided in s. 31, last paragraph), or if several straight lines are made before the cross mark: Holstein v. Young, 10 H. 216; Brown v. laukea, 18 H. 139; or if there are other marks of identification, apparently not the result of accident, such as dots or check marks; or if there are conspicuous erasures; Brown v. laukea, 18 H. 139; or if there is a small circle at or near one leg of a cross, or if all crosses are well formed except one, which is so made as to be a distinguishing mark: Cornwall v. Kaiue, 18 H. 167; or where the name of some one other than a candidate is written on the top of the ballot: Blake V. Baker, 19 H. 267. But ballots are not invalid merely because the cross mark is not entirely, if it is substantially in the proper space, or because it contains an inconspicuous mark evidently the result of an accident, carelessness, ignorance or want of skill, and not of evil intent, or because the cross is imperfectly drawn, the lines being repeated, or not straight, there being evidently an honest attempt to make the prescribed mark; or because there are well made erasures, or impresses of other crosses, the result of marking one ballot on top of another, or because they are torn : Holstein V. Young, lu H. 216; Brown v. laukea, 18 H. 140-154; Cornwell v. Kaiue, 18 H. 167 ; Blake v. Baker, 19 R. 267. Sec. 95. Validity of Ballot Decided Immediately. All questions as to the validity of any ballot shall be decided immediately, and the opinion of a majority of the inspectors shall be final and binding. Re Contested Election, 15 H. 329; if the courts may control the counting of ballots at nil at present, it would seem to be bv mandamus; see Mattoon v. Barnard, 8 H. 733; Harris v. Cooper, 14 II. 145; Ee dontested Election, 15 H. 329. On a contested county election, the Supreme Court will pass on the validity of ballots under the statutes there applicable: Brown t. laukea, 18 H. 131; Cornwell v. Kaiue, 18 H. 167; Blake v. Baker, 19 H. 267. Sec. 96. Ballots Read Aloud. In counting the votes, the names of the persons voted for shall be read in a loud, clear voice by one of the inspectors, and a record thereof shall be made at once by one of the inspectors. Sec, 97. Declaration of Result. When the inspectors have ascertained the number of votes given for each candidate they shall make public declaration of the whole number of votes east, the names of the persons voted for, and the num- ber of votes for each person. The chairman of inspectors shall cause a full record to be made of the same, in the inspectors' record book; one copy of such result shall be sent to the sheriff or high sheriff as provided in this chapter and one copy forwarded to the Secretary of the Territory. Sec. 98. Records, Etc.; Disposition. At the comlpletion of the count after the close of the polls and the public an- nouncement of the same, the inspectors shall immediately, in the presence of the candidates or of their agents, and of any voters desiring to be present, make up into a packet all of the ballots sent to the inspectors by the Secretary of the Territory, including all blank ballots whether used or not, and all printed ballots used, canceled or rejected ; together with the register and detailed record of voters received from the board of registration, and the list of voters and all other records appertaining to the election, except the copies of the result of the election in this chapter directed to be sent to the sheriff or high sheriff and to the Secretary of the Territory, Such packet shall be sealed by the inspectors with their own seal or seals, and the seals of such candi- dates or agents of candidates as may desire to seal the same. 30 REVISED LAWS. The inspectors shall thereupon mark such packet on the outside with the name and title of the Secretary of the Terri- tory, and a description of the contents thereof substantially as follows: viz: — "Records of election for 19.. repre- sentative district number polling precinct number , Island of ," and immediately forward the same to the Secretary of the Territory. Such packet shall not be opened or examined except in the presence of a jus- tice of the supreme court, and after such examination it shall be resealed in the presence of such justice. After the next general election the ballots may be destroyed by the Secretary of the Territory and the other election records opened and filed in the office of the Secretary of the Territory. The records shall be open to the inspection of any voter at all reasonable times: s. 102. TABULATION OF RETURNS; CERTIFICATE OF ELECTION. Sec. 99. Tabulation; Certificate of Election. Immediately upon receiving the returns of election from the several boards of inspectors of any election district, the high sheriff or sheriff, as the case may be, shall immediately tabulate such returns and ascertain the result of the election in such dis- trict. The number of persons to be elected receiving the highest number of votes in any election district shall be de- clared to be elected, and the high sheriff or sheriff, as the case may be, shall immediately deliver to the persons elected certificates of election. A copy of such tabulated returns and of each certificate of election shall immediately be for- warded by the high sheriff' or sheriff, as the case may be, to the Secretary of the Territory. Such copy of a certificate sent to the Secretary of the Territory shall be considered an original. Ii case of a tie. the high sheriff, or sheriff, shall so notify the governor: s. 29; see Blake v. Baker, 19 H. 264. Sec. 100. Certificate, Form. The certificate of election prescribed in the last section shall be substantially in the fol- lowing form, viz : "Certificate of Election. I, , sheriff of (or high sheriff of the Territory of Hawaii, as the case may be) do hereby certify that was, on the day of 19. ., duly elected a (senator or representa- tive, as the case may be) for the election district for a term expiring on the day of A. D. 19.. Witness my hand this day of , 19 . . Sheriff of (or high sheriff of the Territory.)" REVISED LAWS. 31 GENERAL PROVISIONS. See. 101. Records Prima Facie Evidence. Every record made in pursuance of law by a board of registration of voters, or a board of inspectors of election, shall be prima facie evi- dence of the facts therein set forth, and shall be received as such in any court or tribunal in which the same is offered as evidence. Sec. 102. Records Open to Inspection. The register of voters and all records appertaininir to the registry of voters, or to any election, in the possession of the board of regis- tration, the inspectors, of election, the high sheriff' or any sheriff', or the Secretary of the Territory, shall, at all rea- sonable times, be open to the inspection of any voter. Election records, when sealed and sent to the secretary after an election, can be oneiu'd only in the presence of a justice of the supreme court: s. 98; also see WllUs V. KaneaUi, 17 H. 247. Sec. 103. Blanks Furnished by Secretary. The Secretary of the Territory shall furnish suitable books and blanks for the records, registration, elections, certificates, and returns in this chapter provided for, which shall be of uniform character. Sec. 104. Expenses. The treasurer shall pay out of such appropriations as may be made by the legislature for election purposes, to the members of the board of registration, seven dollars a day of not less than six hours, for each day of actual service, which shall include traveling expenses; and to the inspectors of election the sum of ten dollars each for each election held; and shall also pay the necessary expenses of preparing the polls and holding the election, which expenses shall be regulated and limited by the treasurer and shall not include the cost of refreshments. Under a provision that no one hnldins more than one office should receive more than the salary of the hig-hest, if the salary of any was $]20n or more, since in- spectors of election are officers, it was held that dfputy sheriffs and public land agents, being officers could not be paid as inspectors when they act as such, but that school teachers and clerks of election precincts, being only employees, could be paid as inspectors: Cooper's Appeal, 11 II. 282. This restriction being no longer a part of the law, the ruling made in this case is no longer in force. See Act 150, S. L. 1909. Members of bonrds of registration mav be Dnid f'ir actual services rendered after Oct. 10; cf. s. 38; see Ops. Atty. Gen." of Haw., June 2, 1908. CHAPTER 8.* ELECTION DISTRICTS AND PRECINCTS. Sec. 105. Description; Voting Places. The following are declared to be the registration and election districts and pre- cincts of the Territory: Sec Governor's Proclamation for General Election. See s. 30, Act 39, S. L. 1905; also s. 41. Act 118, S. L. 1907: also Act 84, S. L. 1909. * The legislature may alter the election districts and precincts and apportion senators and renresentafive': to be elected from the districts: Org. Act, ss. 32. 38, 65. also act of June 28. 1906. 34 Stat, at L. 550. The governor may alter precincts, but not within sixty days of an election: s. 106, infra. The governor has at each election made some chansres in precincts for the purpose of the particular election in question, but the districts and precincts as given in this c. are as enacted bv Org. Act, s. 64. without change. As to precinct in which one should register and vote, see Org. Act, s. 42 and note. On several districts and apportionment of senators see Org. Act. ss. 32, 33, on representative districts and apportionment, see Org. Act, ss. 38, 39. For the election districts, see Act 84, S. L. 1909. OF "!"Ht 32 REVISED LAWS. Sec. 106. Precincts, how changed. Whenever the conven- ience of electors may so require, the governor shall set apart two or more precincts in each district : and each precinct so established shall have its separate polling place ; provided, that no change shall hereafter be made as to boundaries of any precinct within sixty days of an election. Legislature may change districts and precincts: Org. Act, ss. 32, 38, 65; also Act of June 28, 1906, 34 Stat, at L. 550. CHAPTER 9. OFFENSES AGAINST ELECTION LAWS. Sec. 107. Classes of Offenses. Offenses against the elec- tion laws are divided into two classes, viz.: ''election frauds" and "misdemeanors," as hereinafter defined. Brown v. laukea, 18 H. 140. Sec. 108. Election Frauds. The following persons shall be deemed guilty of an election fraud: 1. Every person who shall directly or indirectly, person- ally or through another, give, procure or lend, or agree or offer to give, procure or lend, or who shall endeavor to pro- cure, any money or office or place of employment of valuable consideration to or for any elector, or to or for any person for an elector, or to or for any particular person or party, or who shall do any such act on account of any person having voted or refrained from voting for any particular person at any election. 2. Every person who shall directly or indirectly, person- ally or through another, make any such gift, loan, offer, prom- ise, procurement or agreement as aforesaid, to any person, except to such assistants as are permitted by law, in order to induce such person to procure or endeavor to procure the election of any person to the legislature ; or to procure the vote of any elector at" any election. Every person who shall advance or pay, or cause to be paid, any money to, or to the use of, any other person, with the intent that such money, or any part thereof, shall be ex- pended in bribery at any election, or for any purpose con- nected with or incidental to any election other than the ob- jects and purposes for which money is by law allowed to be expended, excepting only reasonable expenses for conveying voters to the polling places on election days ; or who shall knowingly pay or cause to be paid any money Avholly or partly expended in bribery at any election, or for any pur- pose, connected with or incidental to any election, other than the objects and purposes for which money is by law allowed to be expended. 4. Every elector who shall, before, during or after any election, directly or indirectly, personally or through another, receive, agree or contract for any money, gift, loan or valu- able consideration, office, place or employment for himself or REVISED LAWS. 33 any other person, for voting or agreeing to vote, or for re- fraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or party. 5. Every person who shall at any election, personally or through another, or by any ways or means on his behalf, di- rectly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay wholly or in part any expenses incurred for any meat, drink, entertainment or provision to or for any person in order to be elected, or for being elected, or for procuring the election of any candidate, or for the purpose of influenc- ing such person or any other person to vote or refrain from voting; or for voting or refraining from voting for any par- ticular person or party, at such election, or on account of such person having voted or refrained from voting, or voted or refrained from voting for any particular person or party. 6. Every person who shall directly or indirectly, person- ally or through another, make use of, or threaten to make use of, any force, violence or restraint ; or inflict or threaten to inflict any injury, damage or loss in any manner, or in any way practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, at any election, or on account of such per- son having voted or refrained from voting, or voted or re- frained from voting for any particular person or party; or who shall by abduction, distress or any device or contrivance impede, prevent or otherwise interfere with the free exer- cise of the elective franchise. 7. Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who, having once voted, votes or attempts to vote again, or knowingly gives or attempts to give more than one ballot for the same office at one time of voting. 8. Every person who, before or during an election, know- ingly publishes a false statement of the withdrawal of any candidate at such election. 9. Every person who induces or procures any person to withdraw from being a candidate at an election in consider- ation of any payment or gift, or valuable consideration; or of any threat ; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement. 10. Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections contained, who shall wilfully fail, neglect or refuse to do or perform the same, or who shall wilfully perform it in such a way as to hinder the objects thereof, or who shall be guilty of any wilful violation of any of the provisions thereof. See also R. L., c. 204, on bribery and intimidation; and R. L., c. 200, on false personation; Brown v. laukea, 18 H, 140. 34 REVISED LAWS. Sec. 109. Penalties. Every person found guilty of an election fraud shall be punished by a fine of not less than one hundred dollars or exceeding one thousand dollars, or by im- prisonment at hard labor for any term not less than ten days or exceeding tv^^o years, or by both such fine and imprison- ment at the discretion of the court. Besides such punish- ment, such person shall be disqualified from voting and from holding any office under the government, and from being elected or occupying a seat in the legislature. If the person so convicted shall hold any office either elective or appointive, at the time of such conviction, such office shall at once and v^^ithout mention in such sentence or other proceeding be va- cated by such conviction. The judge or magistrate before v^hom such conviction is had shall immediately transmit to the Secretary of the Territory the name of such person, the offense of which he has been convicted and the sentence of the court. For other disqualifying: provisions, see ss. 2904, 2905 (duelling) ; 8. . 2915 (assault on public minister) ; s. 1125 (police officer's failure to report leper) ; a. 153 (dishonorable discharge from national guard) : ss. 289, 316 (one under civil disability for offense, not to apply for public land) ; s. 1771 (juror after convic- tion of bribery or misdemeanor). This disqualification does not result if the offense vi^ere committed prior to the enactment of this law. unless there were a similar provision previously: Re Voters, 8 H. 590; see also Brown v. laukea, 18 H. 140. Sec. 110. Misdemeanors. The following persons shall be guilty of a misdemeanor: 1. Every person, except such assistants as are by law specifically authorized to be employed, who shall, for the purpose of promoting or preventing the election of any can- didate at any election, be engaged or employed for payment or promise of payment, or for any valuable consideration, to act as agent, clerk or messenger, or in any other capacity. 2. Every person furnishing, hiring, or using any premises or portion thereof licensed to sell beer, wines or spirits, as a committee room for the purpose of promoting the election of any candidate at any election. 3. Every person who shall be disorderly or create a dis- turbance whereby aiiy meeting of the board of registration of voters or of the inspectors of election during an election shall be disturbed or interfered with; or whereby any person who intends to be lawfully present at any such meeting or election is prevented from attending; or who shall cause any disturbance at any election ; and every person assisting or aiding or abetting any such disturbance. 4. Any candidate who fails or neglects to furnish the list of agents prescribed in said rules and regulations. 5. Every person who shall, either in person or through another, in any manner break up or prevent, or endeavor to break up or prevent, the holding of any meeting of the board of registration of voters, or in any manner break up or pre- vent, or endeavor to break up or prevent, the holding of any election. 6. Every person who, being a candidate for election, or an agent of any such candidate, or a member of any committee COUNTY ACT. 35 acting for or on behalf of any such candidate, shall fail to file the statement of expenses or of lack of expenses, as re- quired by law, 7. Every person who shall wilfully violate or fail to obey any of the provisions of law, punishment for which is not otherwise in this chapter specially provided for. 8. Any person who shall wilfully tear down or destroy or deface any election proclamation or any poster or notice or list of voters or card of instructions or specimen ballot, is- sued or posted by authority of law. See Brown v. laukea, 18 H. 140. Sec. 111. Penalty. Any person convicted of a misde- meanor under the provisions of this chapter shall be punished by a fine of not more than five hundred dollars, or by im- prisonment at hard labor for not more than six months, or by both such fine and imprisonment, in the discretion of the court. Brown v. laukea, 18 H. 140. Sec. 112. Other Prosecutions. Any person in any way violating any of the provisions of this chapter may also be prosecuted for the violation of any other then existing law, rule or regulation. Brown v. laukea, 18 H. 140. COUNTY ELECTION LAWS. CHAPTER 10, ACT 39, SESSION LAWS 1905.* ELECTIONS. Sec. 29. The general laws and rules governing the elec- tion of Senators and Representatives of the Territory shall apply in the election of County Officers wherever applicable except as herein provided. Section 30. The precincts and polling places established or as may be established by the laws of the Territory for the election of Senators and Representatives shall constitute the precincts and polling places for the election of County Officers, provided, however, that in places, where under the existing division of precincts, voters in dift'erent Districts vote at the same polling place, the Governor is hereby required to change the polling places within each District so as to allow the voters of such District to vote within the District in which they are registered. See ss. 25, 105, 106, R. L. ; also s. 41, Act 118, S. L. 1907; also Act 84, S. L. 1909. * This chapter nnd the next concern the election of officers for the counties of Hawaii, Maui, Kauai, and Kalawao. In the latter county only a sheriff is elected, c. 2, Act 39, S. L. 1905. For a designation of the officers to be elected, in the other counties named, see c. 6, Act 39, S. L. 1905, as amended by s. 1, Act 54, S. L. 1905, and by Act 58, S. L. 1909. 36 COUNTY ACT. Section 31. All persons duly registered under the laws of the Territory to vote for Senators and Representatives shall be qualified to vote for County officers in the County in which such voters reside. Section 32. No special Board of Registration shall be re- quired for the registration of voters for County officers, but such voters may register before the Boards of Registration provided by the laws of the Territory relative to the election of Senators and Representatives. Sec. 33. Nominations shall be deposited with the County Clerk not less than Twenty (20) days prior to election; each nomination shall be accompanied by a deposit of Twenty-five (25) Dollars on account of expenses of election, which shall be paid to the County Treasurer. f See Blake v. Baker, 19 H. 267. . Sec. 34. The returns of election of County officers to- gether with the ballots, lists and records concerning the elec- tion of County officers and copies of the statements concern- ing the results of such election shall be transmitted to the County Clerk of the County in which such election is held, and shall be preserved by him according to law. See s. 98, R. L., and s. 45, Act 118, S. L. 1907. Sec. 35. If it shall appear by the returns made that there has been a failure of election of any County officer by rea- son of a tie vote between two or more candidates, a special election to fill such vacancies shall be ordered by the Board of Supervisors, which shall be held in the manner required for a general election. See Blake v. Baker, 19 H. 267, and s. 46, Act 118, S. L. 1907. Sec. 36. At least sixty days before a general election and forty days before a special election, the Board of Supervisors shall issue a proclamation concerning County elections and transmit copies of the same to the several Boards of In- spectors throughout their County and such proclamation shall be posted in the manner required by law. See ss. 25-27, R. L., and s. 47, Act 118, S. L. 1»07. Sec. 37. Ballot boxes required for the election of County officers shall be furnished by the Board of Supervisors, said boxes to be marked ''County Officers." See s. 67, R. L., and s. 48, Act 118, S. L. 1907. Sec. 38. • The County Clerk shall prepare the ballots to be used at elections for County officers and shall furnish the same, to the Board of Supervisors at least two days prior to the election. The ballots shall be of green paper and their general form, arrangement, number and style of printing COUNTY ACT. i7 shall be as prescribed by law for ballots for Senators and Representatives. See ss. 70-74, R. L., and s. 49, Act 118, S. L. 1907. Sec. 39. Upon receiving returns of election the County Clerk shall immediately tabulate the same and ascertain the result of the election ; such tabulation shall be made in the presence of any candidate or his agent who desires to be present. The number of persons to be elected receiving the highest number of votes shall be declared elected, and the County Clerk shall immediately deliver to the persons elected certificates of election. All expenses for the election of County officers shall be borne by the County, including the salaries of inspectors of elections, in cases where the election is for County Officers only, except the expenses of the special election of 1905. See s. 99, R. L., and s. 50, Act 118, S. L. 1907. CHAPTER 11, ACT 39, SESSION LAWS 1905. • CONTESTS. Sec. 40. All questions as to the validity of any ballot cast at any election held hereunder shall be decided immediately and the opinion of the majority of the Board of Inspectors of Elections at each polling precinct shall be final and bind- ing, subject to revision by the Supreme Court of the Terri- tory as hereinafter provided. See ss. 94, 95, R. L., and notes: also c. 11, Act 118. S. L. 1907: also WilllB V. Kanealii, 17 H. 243; Brown v. laukea, 18 H. 131: Logan v. Kealoha, 18 H. 059; Cornwell v. Kaiue, 18 II. 107; Blake v. Baker, 19 II. 207. See. 41. Any candidate directly interested, or any thirty duly qualified voters of any election district, may file a peti- tion in the Supreme Court of the Territory setting forth any cause or causes why the decision of any Board of Inspectors should be reversed, corrected or changed. See Kiilike v. Fern, 19 H. 278. Sec. 42. Such petition shall be filed in the office of the Clerk of the Supreme Court within thirty days following the election proposed to be contested and shall be accompanied by a deposit of Twenty-five (25) Dollars for costs of Court. Sec. 43. The Clerk shall thereupon issue to the respondents named in such petition a summons to appear before the Su- preme Court within fourteen days after the service thereof. Sec. 44. Such petition shall be heard by the Court in term time or vacation. Sec. 45. On the return day, the Court, upon its own mo- tion, or otherwise, may direct summons to be issued to any person or persons who may be interested in the result of the procedings. 38 MUNICIPAL ACT. Sec. 46. At the hearing, the Court shall cause the evidence to be reduced to writing and shall give judgment, stating all findings of facts or law. Such judgment may invalidate the election on the grounds that a correct result cannot be ascer- tained because of a mistake or fraud on the part of Inspectors of Election; or decide that a certain candidate, or certain candidates, received, a majority or plurality of the votes cast and were elected. If such judgment should be that the election was invalid, a certified copy thereof shall be filed with the Governor of the Territory or the Board of Super- visors, as the case may be, and he or they shall call a new election within sixty days after filing such judgment; and if the Court shall decide which candidate or candidates have been elected a copy of such judgment shall be served on the Secretary of the Territory or the County Clerk, as the case may be, and the officer herein thereto authorized to deliver certificates of election shall sign and deliver to such candi- date or candidates certificates of election, and the same shall be conclusive of the right of the candidate or candidates to the office. See note to s. 40 above. Sec. 47. The decision of the Court concerning any ques- tion properly involved in any such petition and proceeding shall be final and binding upon all parties. Sec. 48. The Court shall have power to compel the at- tendance of witnesses, to punish contempts and to do what- soever else may be necessary to fully determine the pro- ceedings. Sec. 49. The costs shall be the same as in trials in the Circuit Court at Chambers. Sec. 50. The Court may make such special rules as it may find necessary or proper. CITY AND COUNTY ELECTION LAWS. CHAPTER 10, ACT, 118, SESSION LAWS 1907.* ELECTIONS. Sec. 40. The general laws and rules governing the election of Senators and Representatives of the Territory shall apply in the election of City and County Officers wherever appli- cable except as herein provided. Sec. 41. The precincts and polling places established or as may be established by the laws of the Territory for the * This chapter and the next concern the election of officers for the city and county of Honolulu. For a designation of the officers to he elected see c. 6, Act 118, S. L. "l907. The act of which these chapters form a part was held valid, with the exception of ss. 42 and 70, in Emmeluth v. Supervisors, 19 H. 171. MUNICIPAL ACT, 39 election of Senators and Representatives, shall constitute the precincts and polling places for the election of City and County officers. See ss. 25, 105, 106, R. L., also s. 30, Act 39, S. L. 1905: also Act 84, S. L. 1909. For the election of a mayor, the whole city and county is considered as one district. Kulike v. Fem, 19 H. 278. Sec, 42. (Held void in Emmeluth vs. Supervisors: 19 H. 171). Sec. 43. No special Board of Registration shall be re- quired for the registration of voters for City and County Officers, but such voters may register before the Board of Registration of the Territory in said City and County in the manner provided by the laws of the Territory relative to registration for the election of Senators and Representatives. Sec. 44. Nominations for City and County Officers shall be deposited with the City and County Clerk not less than twenty (20) days prior to election; each nomination shall be accompanied by a deposit of Twenty-five ($25.00) Dollars on account of expenses of election, which shall be paid to the City and County Treasurer. Sec. 45. The returns of election of City and County Officers, together with the ballots, lists and records concerning the election of City and County Officers, and copies of the state- ments concerning the results of such election, shall be trans- mitted to the City and County Clerk, and shall be preserved by him according to law. See s. 98, R. L., and s. 34, Act 39, S. L. 1905. Sec. 46. If it shall appear by the returns made that there has been a failure of election of any City and County Officer by reason of a tie vote between two or more candidates, a special election to fill such vacancies shall be ordered by the Mayor, which shall be held in the manner required for a general election. See s. 35, Act 39, S. L. 1905, and Blake v. Baker, 19 H. 267. Sec. 47. At least forty days before a general election and thirty days before a special election, the Mayor shall issue a proclamation concerning the City and County elections and transmit copies of the same to the several Boards of Inspec- tors throughout the City and County, and such proclamation shall be posted in the manner required by law\ See ss. 25-27, R. L., and s. 36, Act 39, S. L. 1905. Sec. 48. Ballot boxes required for the election of City and County Officers shall be furnished by the City and County Clerk. Such boxes shall be marked in plain letters, "City and County Officers." See s. 67, R. L., and s. 37, Act 39, S. L. 1905. 40 MUNICIPAL ACT. See. 49. The City and County Clerk shall prepare the bal- lots to be used at election for City and County Officers, and shall furnish the same to the several Boards of Inspectors at least two days prior to the election. The ballots shall be of green paper and their general form, arrangement, number and style of printing shall be as prescribed by law for bal- lots for Senators and Representatives. See ss. 70-74, R. L., and s. 38, Act 39, S. L. 1905. Sec. 50. Upon receiving returns of election, the City and County Clerk shall immediately tabulate the same and as- certain the result of the election; such tabulation shall be made in the presence of any candidate or his agent who de- sires to be present. The person receiving the highest number of votes shall be declared elected, and the City and County Clerk shall immediately deliver to the persons elected Cer- tificates of Election. All expenses for the election of City and County Officers shall be borne by the City and County. See s. 99, R. L., and s. 39, Act 39, S. L. 1905. See. 51. There shall be held in the City and County of Honolulu, on the first Tuesday after the first Monday of No- vember, in the year One Thousand Nine Hundred and Eight, and in every second year thereafter, an election to be known as the "City and County Election." At said elections there shall be elected by the electors of the City and County of Honolulu, the following officers: The Mayor, seven Super- visors, an Auditor, Treasurer, City and County Attorney, City and County Clerk and Sheriff. And there shall also be elected in each District a Deputy Sheriff. Sec. 52. All of the officers of the City and County of Hono- lulu who shall be elected in the year One Thousand Nine .Hundred and Eight, imder the provision^ of this Charter, shall hold office only until the hour of noon on the first Monday after the First day of January, in the year Nineteen Hundred and Eleven. Sec. 53. The officers first elected as aforesaid under this Charter shall take office at noon on the first Monday after the first day of January following. Sec. 54. The Mayor shall issue his proclamation and pub- lish the same in one or more newspapers for at least twenty days previous to the day in each year on which the City and County election is to be held under this Charter, calling upon the electors of the City and County to meet for the purpose of electing such officers as are provided for in this Charter, reciting in such proclamation the different officers to be elected at such election. See s. 47, above and note. Sec. 55. There shall be three Inspectors of Election for MUNICIPAL ACT. 41 each precinct, who shall be appointed by the Mayor as far as practicable from opposing political parties. CHAPTER 11, ACT 118, SESSION LAWS 1907. CONTESTS. Sec. 56. All questions as to the validity of any ballot cast at any election held under this Act shall be decided imme- diately and the opinion of the majority of the Board of In- spectors of Election at each polling precinct shall be final and binding, subject to revision by the Supreme Court of the Territory as hereinafter provided. See ss. 94, 95, R. L., and notes: also c Tl. Act 39. S. L. 1905; also WilUs v. Kanealli, 17 H. 243: Brown v. laukea, 18 H. lai: Comwell v. Kaiue, 18 H. 167; Logan V. Kealoha, 18 H. ()59 : Blake v. Baker, 19 H. 267. Sec. 57. Any candidate directly interested, or any thirty duly qualified voters of any Election District may file a peti- tion in the Supreme Court of the Territory setting forth any cause or causes why the decision of any Board of Inspectors should be reversed, corrected or changed. See Kiilike v. Fern, 19 H. 278. Sec. 58. Such petition shall be filed in the office of the Clerk of the Supreme Court within thirty days following the election proposed to be .contested and shall be accompanied by a deposit of Twenty-five ($25.00) Dollars for cost of Court. Sec. 59. The Clerk shall thereupon issue to the respondents named in such petition a summons to appear before the Su- preme Court within ten days after the service thereof. Sec. 60. Such petition shall be heard by the Court in terra time or in vacation. Sec. 61. On the return day, the Court, upon its motion or otherwise, may direct summons to be issued to any person or persons who may be interested in the result of the proceed- ings. Sec. 62. At the hearing, the Court shall cause the evidence to be reduced to writing and shall give judgment, stating all findings of facts and of law. Such judgment may invalidate the election on the grounds that a correct result cannot be ascertained because of a mistake or fraud on the part of the Inspectors of Election ; or decide that a centain candidate, or certain candidates received a majority or plurality of the votes cast and were elected. If such judgment should be that the election was invalid, a certified copy thereof shall be filed with the Mayor, and he shall duly call a new election to be held within sixty days after filing such judgment ; and if the Court shall decide which candidate. or candidates have been elected a copy of such judgment shall be served on the City 42 MUNICIPAL ACT. and County Clerk, and the officer herein thereto authorized to deliver certificates of election shall sign and deliver to such candidate, or candidates certificates of election, and the same shall be conclusive of the right of the candidate or candidates to the office. See note to s. 56 above. Sec. 63. The Court shall have power to compel the at- tendance of witnesses, to punish contempts and to do what- soever else may be necessary to fully determine the proceed- ings and to enforce its decrees therein. Sec. 64. The costs shall be the same as in trials in the Circuit Court at Chambers. Sec. 65. The Court may make such special rules as it may find necessary or proper. INDEX (References to section numbers are to sections of the Revised Laws, unless otherwise specified.) Page. APPEAL from ruling of board of registration, ss. 50, 51, 52 18 ARMY, members of, may not vote, s. 63, Organic Act 7 ARREST, electors exempt when, s. 57, Organic Act 8 ASSISTANCE, of disabled voters, s. 89 2/ ASSISTANTS, at polls, s. 33 14 BALLOTS, arrangement, s. 73 24 blank, s. 77 25 contents of, s. 69 23 count of. ss. 91, 92, 97 27, 28, 29 defined, s. 68 23 delivery of, to voter, s. 83 26 disposition of, s. 98, s. 39 County Act, s. 50 Municipal Act 29, 37, 40 folded together, s. 94 28 folding of, s. 82 26 for county officers, s. 38, County Act 36 city and county officers, s. 49, Municipal Act 40 delegate, s, 85, Organic Act 7 legislators, ss. 70, 71, 72 \ . 23 method of marking, ss. 86, 89 27 method of voting, s. 85 26 names of, Hawaiian equivalent, s. 69 23 not to be exhibited, ss. 88, 89 27 not to be taken from polling place, s. 88 27 number sent each precinct, s. 74 24 rejected, when, s. 94 28 sealed, s. 75 24 secrecy of, ss. 87, 88, 89 27 spoiled, s. 90 27 symbols or marks on, ss. 69, 94 23, 28 validity of, territorial, ss. 94, 95 28, 29 county, s. 40, County Act 37 city and county, s. 56, Municipal Act 41 printing and distributing of, Territorial, ss. 74, 76 24 County, s. 38, County Act 38 City and Countj^, s. 49, Municipal Act 40 BALLOT BOXES, s. 67, s. 37 County Act, s. 48 Municipal Act . . 23, 36, 39 opened, how, s. 92 27, 28 BOARD OF REGISTRATION, (See Registration Board) 44 INDEX. Page. BOUNDARIES, of election districts, s. 64, Organic Act, s. 105 11, 31 legislature may alter, s. 65, Organic Act 11 of precincts, ss. 105, 106 31, 32 CANDIDATES, assistants at polls, s. 33 14 death of, s. 31 14 expenses of, statement, ss. 34, 35 14 what legal, s. 36 15 nomination of, Territorial, s. 31 ' 13 County^ s. 33, County Act 36 City and County, s. 44, Municipal Act 39 withdrawal of, s. 31 13 CERTIFICATE OF ELECTION, form of, s. 100 30 . • issuance of, delegate, s. 85, Organic Act 7, 8 legislators, s. 99 30 county, s. 39, County Act 37 city and county, s. 50^ Municipal Act 40 sent to secretary of Territory, s. 99 30 CITIZENS, who are, ss. 4, 100, Organic Act 5 qualifications of, s. 4, Organic Act 5 CITY AND COUNTY ELECTIONS, ballots, how prepared, s. 49, Municipal Act 40 validity, s, 56, Municipal Act 41 ballot boxes, s. 48, Municipal Act 39 clerk, tabulates returns, s. 50, Municipal Act 40 contests, s. 56 et seq.. Municipal Act 41 election, failure of, s. 46, Municipal Act 39 general laws govern, s. 40, Municipal Act 38 inspectors of, s. 55, Municipal Act 40 mayor issues proclamation, ss. 47, 54, Municipal Act 39, 40 nominations of candidates, s. 44, Municipal Act 39 precincts and polling places, s. 41, Municipal Act 38 proclamation, ss. 47, 54, Municipal Act 39, 40 register of A'oters, s. 43. Municipal Act 39 returns, how made, s. 45, Municipal Act 39 tie vote, s. 46, Municipal Act 39 voters at, s. 43, Municipal Act 39 CIVIL RIGHTS, loss of, disqualifies, s. 18, Organic Act 6 CONGRESS, delegate to, s. 85, Organic Act 7 qualifications of delegate, s. 85, Organic Act 7 COUNT OF BALLOTS, declaration of result, s. 97 29 method, ss. 92, 93 27, 28 public, s. 91 27 COUNTY ELECTIONS, ballots, how prepared, s. 38, County Act 36 validity ,of , s. 40, County Act 37 ballot boxes, s. 37, County Act 36 candidates may appeal, s. 41, County Act 37 contests, s. 40 et seq.. County Act 37 INDEX. 45 Page. county clerk, tabulates returns, s. 39, County Act 37 general laws govern, s. 29, County Act 35 nominations, s. 33, Coui^ty Act 36 precincts and polling places, s. 30, County Act 35 proclamation, s. 36, County Act 36 returns, how made, ss. 34, 39, County Act 36, 37 register of voters, s. 32, County Act 36 voters at, s. 31, County Act 36 DELEGATE TO CONGEESS, s. 85, Organic Act 7 ballots for, s, 85, Organic Act 8 conduct of election of, s. 85, Organic Act 8 qualifications of, s. 85, Organic Act 7 rights of, in Congress, s, 85, Organic Act 8 vacancy in office of, how filled, s. 85, Organic Act 8 DISQUALIFICATIONS, of office holders, ss. 16, 17, 18, Organic Act 8, 6 of voters, general, s. 18, Organic Act 6 army and navy, s. 63, Organic Act 7 ELECTIONS, certificates of election- form, s. 100 30 issuance, s, 99, s. 39 County Act, s. 50 Municipal Act, s. 85, Organic Act 30, 37, 40, 8 City and County (See City and County Elections). County (See County Elections). expenses, of candidates, ss. 34-36 14, 15 of election, s. 104 31 failure of, s. 29 '. 13 frauds in, s, 108 , 32 general, when held, s. 14, Organic Act 7 hours for voting, s. 78 25 laws governing, legislature may alter 11 opening of polls, procedure, s. 81 26 time, s. 78 25 polling places, admission to, s. 79 25 result of declared, s. 97 29 returns tabulated, s. 99, s. 39 County Act, s. 50 Municipal Act 30, 37, 40 made to, s. 98, s. 34 County Act, s. 45 Municipal Act 29, 36, 39 special, when called, s. 14 Organic Act, s. 29, s. 46 County Act, s. 62 Municipal Act 7, 13, 38, 41 how called, s. 28, s. 46 County Act, s. 62 Municipal Act 13, 38, 41 soldiers and organizations at polls, s. 80 25 tie votes, s. 29, s. 35 County Act, s. 46 Municipal Act. . .13, 36, 39 voters, privileges of, ss. 57, 58, Organic Act 8, 9 ELECTORS (See Voters). EMPLOYEES, government, not eligible for legislature, s. 17, Or- ganic Act 8 EXPENSES of candidates, what legal, s. 36 15 statement of, s. 34 14 of elections, s. 104 31 46 INDEX. Page. I'EAUD, election, s. 108 32 penalties, s. 109 34 GOVEENOE, Boards of registration, appoints, s. 37 15 removes, note s. 37 15 certifies election of delegate, s. 85, Organic Act 8 General election proclamation, issued by, ss. 25, 26 12 Inspectors of election, appointment and removal, s. 59 20 precincts, may change, s. 106 32 Polling places, shall change, when, s. 30, County Act 35 Special elections, may order, ss. 14, 85, Organic Act 7, 8 in case of tie, s. 29 13 in case of vacancy, s. 28 13 HIGH SHEELPF (See Sheriff)! HOUSE OF EEPEESEXTATIVES (See Legislature, Eepresenta- tives.) IDIOTS may not vote, s. 18, Orgai^ic Act 6 IXSANE persons may not vote, s. 18, Organic Act 6 IXSPECTOES OF ELECTION, appointment, s. 59, s. 55 Municipal Act 20, 40 assistance of disabled voter, s. 89 27 assistants of candidates, list furnished to, s. 33 14 chairman, s. 60 21 compartments, voting, ss. 65, 66 22 compensation, s. 104 31 decisions by, s. 60 21 duties, general, s. 61 21 respecting ballots, ss. 68-77 23-25 (also see "Bajlots") city and county elections, ss. 40, 45-49, 56, Municipal Act 38, 39, 41 compartments for voting, ss. 65, 66 22 conduct of elections, ss. 78-90 25-27 county elections, ss. 29, 34, 40, County Act 35, 36, 37 death of candidates, ss. 31, 32 14 election results, s. 97 29 explanations to voters, s. 84 26 nominations in case of death or withdrawal, ss 31, 32. . 14 polling places, ss. 78-81 25, 26 records, ss. 98, 101 29, 31 register of A^oters, changing, ss. 58, 58A 19, 20 returns of elections, s. 97 29 voters, assistance of, s. 89 27 explanations to, s. 84 26 voting, compartments for, ss. 65, 66 22 hours of, s. 78 25 method, s. 85 26 withdrawal of candidates, ss. 31, 32 14 majority of decides, s. 60 21 proclamation, forwarded to, s. 25 12 INDEX. 47 Page. records of, disposition, s. 98 29 open to inspection, s. 102 31 prima facie, s. 101 31 register of voters, copies sent to, s. 56 19 changes in, how made, ss. 57, 58A 19, 20 vacancies in membership of, s. 59 20, 21 INSTEUCTION, cards of, ss. 76, 81 24, 26 LEGISLATOKS, who may sit as, s. 13, Organic Act 7 disqualifications of, s. 16, Organic Act 8 government officers may not be elected, s. 17, Organic Act... 8 LEGISLATUEE, consists of two houses, s. 12, Organic Act 7 disqualification, for membership, s, 17, Organic Act 8 of members, s. 16, Organic Act 8 each house judge of qualifications of members, s. 15, Organic Act 7 power to alter election districts and laws, s. 65 et seq 11 apportion senators and representatives, s 65, Org. Act. 11 create town, city and county government, s. 56. Organic Act 8 MISDEMEANORS, s. 110 34 penalty for, s. Ill 35 NATURALIZATION, s. 100, Organic Act 5 NAVY, persons in, may not vote, s. 63, Organic Act 7 NOMINATIONS, Territorial, ss. 31 ,32 13, 14 County, s. 33, County Act 36 City and County, s. 44, Municipal Act 39 NOTICE OF MEETINGS, board of registration, s. 39 15 OATHS, administered by inspectors of election, s. 62 22 before boards of registration, s. 44 44 OFFENSES against election laws 32 OFFICERS, gQvernment, not eligible for legislature, s. 17, Org. Act. 8 ORGANIC ACT, provisions of 5-11 PENALTY for election frauds, s. 109 34 for misdemeanors, s. Ill 35 PERJURY, what is, s. 49 18 who guilty of, s. 63 21 POLLING PLACES, compartments, s. 65 22 none where liquor sold, s. 64 22 POLLS, admission within, s. 79 25 hours open, s. 78 25 opened how, s. 81 26 soldiers at, s. 80 25' PRECINCTS, how changed, s. 65, Organic Act, s. 106 11, 32 PROCLAMATION, contents of, s. 26 12 publication of, s, 27 12 general, governor issues, s. 25 12 for county election, s. 36, County Act 36 for city and county, s. 47, Municipal Act 39 48 INDEX. Page. QUALIFICATIONS, of delegate, s. 85, Organic Act 7 of representatives, s. 40 11 of senators, s. 34 10 of voters, ss. 4, 60, 62, Organic Act, s. 42 5, 6, 16 EECOEDS, of election, how disposed of. Territorial, s. 98 29 County, s. 34, County Act 36 City and County, s. 45, Municipal Act 39 of boards of registration, s. 101-2 31 of inspectors of election, s. 101-2 31 open to inspection, s. 102 31 EEFEESHMENTS, cost of, s. 109 31 EEGISTEE of voters, defined, s. 54 19 adding to or striking from, s. 55 19 at intermediate elections, s. 30 13 changed, when ai^d why, ss. 57, 58A 19, 20 changed only by board, s. 58 19 copies furnished inspectors, s. 56 19 open to inspection, s. 102 31 ■ posting of, s. 56 19 EEGISTEEING, burden of proof, s. 46 17 examination under oath, ss. 44-48 17, 18 failure to register, s. 58A 20 personal application, s. 43 17 place of, s. 42 16 EEGISTEATION, boards of 16 appointment, s. 37 15 applicant before, burden of proof, s. 46 17 applicants and witnesses examined under oath, s. 48 18 appeal from, s. 50 * 18 hearing, s. 51 18 decision^ ss. 51, 52 18 cannot register except on personal appearance, s. 43 17 change of register by, ss. 57, 58, 58A 19, 20 contempt, may punish for, s. 40 16 duties of, ss. 41-58A 16-20 examination of applicant, s. 44 17 meetings of, ss. 38-39 15 members, pay of, s. 104 •. 31 notice of meetings, s. 39 15 oaths administered by, s. 40 16 personal appearance before, s. 43 17 powers of, s. 40 If* records of, prima facie evidence, s. 101 31 open to inspection, s. 102 31 tenure of, s. 37 15 EEPEESENTATIVE DISTEICTS, boundaries of, s. 38, Organic Act 10 legislature may alter, s. 65, Organic Act H INDEX. ' 49* Page. BEPEESENTATIVES, apportionment of, s. 39, Organic Act 10 ballots for, s. 72 23 color of ballots, s. 70 23 districts, s. 38, Organic Act 10 number in house, s. 35, Organic Act 10 qualifications of, s. 40, Organic Act 11 term of office, s. 36, Organic Act 10 vacancies in house, s. 37, Organic Act 10 voters for, s. 60, Organic Act 6 voting for, methods, s. 59, Organic Act 11 KESTDENCE, what is, s. 60, Organic Act 6 SECRECY of ballot, s. 87 27 SECRETAEY of Hawaii, ballot boxes prepared by, s. 67 23 ballots, duties respecting: forwards to inspectors, ss. 74-77 24, 25 destroyed by, after election, s. 98 30 prints and distributes, s. 74, s. 85 Organic Act 24, 7 return of to, par. 8, s. 61, s. 98 21, 29 election results forwarded to, s. 98 29 election expenses, statement filed with, ss. 34, 35, 36 14, 15 eligibility of candidates, powers as to, note s. 15, Org. Act.. 7 instruction card, ss. 76, 81 24, 26 nominations, filed with, etc., ss. 31, 32 13, 14 records of inspectors, filed with, s. 98 29 books for, furnished by, s. 103 31 registration board records, s. 41, note ss. 54, 103 16, 19, 31 register, records, etc., open to inspection, s. 102 31 furnished by, s, 103 31 returns sent by sheriff to, s. S9 30 SENATE, apportionment of members, s. 33, Organic Act 9 number of members, s. 30, Organic Act 9 vacancies in, s. 33, Organic Act 9 SENATORIAL DISTRICTS, boundaries, s. 32, Organic Act 9 legislature may alter, s. 65, Organic Act 11 SENATORS, apportionment of, s. 33, Organic Act 9 ballot for, s. 71 23 color of ballots, s. 70 23 number in senate, s. 30, Organic Act 9 qualificatioi\s of, s. 34, Organic Act 10 term of office, s. 30, Organic Act 9 vacancies in senate, s. 31, Organic Act 9 voters for, qualification of, s. 62, Organic Act 6 voting for, method, s. 61, Organic Act 9 SHERIFF, notifies governor of tie vote, s. 29 13 tabulates results, s. 99 30 sends certificates of election to secretary, s. 99 30 STATIONERY, for election, how furnished, s. 103 31 TIE VOTE, special election in case of, s. 29, s. 35 County Act. s. 46 Municipal Act 13^ 36, 39 50 INDEX, Page. VACANCIES, how filled, in legislature, s. 28 13 in senate, s. 31, Organic Act 9 delegate to congress, s. 85, Organic Act 7 in house, s. 37, Organic Act 10 in board of registration, s, 37 15 in inspectors of election, s. 59 20, 2 L VOTEES, army and navy disqualified, s. 03, Organic Act 7 at special election, ss. 42, 30 17, 13 appeals from rulings of board of registration, s. 50 18 status pending appeal, s. 53 18 application for registration, s. 43 17 challenging, on registration, s. 47 17 disabled, assisting, s. 89 27 disqualifications of, ss. 18, 63, Organic Act G, 7 exempt, from arrest, when, s. 57, Organic Act § from military duty, when, s. 58, Organic Act 9 failure to register, s. 58 A 20 must register, s. 42 16, 17 qualifications of, ss. 4, 100, 60, 62, Organic Act 5, 6 registration of, (see Eegistration). residence of, s. 42 16, 17 status pending appeal, s. 53 18 WITHDEAWAL, of candidates, notice of, s. 32 14 THIS BOOK IS DUE ON THE LAST DATE STAMPED BEIiOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 50 CENTS ON THE FOURTH DAY AND TO $t.OO ON THE SEVENTH DAY OVERDUE. LD21-100»n-7,'39(402s) Cay lord Bros. .Makers Syracuse, N. Y, MT. J«N. 21, 1908 VD 0175 M/6 UNIVERSITY OF CAUFORNIA UBRARY