J K 
 
 IRLF 
 
GIFT OF 
 
yL^rWtxU 
 
 LAW GOVERNING ELECTIONS 
 
 IN THE 
 
 STATE OF FLORIDA, 
 
 PASSED AT THE 
 
 Regular Session, A, D, 1895, 
 
 And as Amended 1897, 1899, 1903, 
 
 i ; ^ 
 
 
 TALLAHASSEE, FLA.: 
 I. B. Hilson, State Printer. 
 1904. 
 
CHAPTER 4328 [No. 7.] 
 
 AN ACT to Provide for the Registration of all Legally 
 Qualified Voters in the Several Counties of the State, 
 and to Provide for General and Special Elections and 
 
 * for Ihe Returns of Elections. 
 
 Be it Enacted ly the Legislature of the State of Florida: 
 
 Section 1. Every male person of the age of twenty-one 
 years and upwards, that shall at the time of registration 
 be a citizen of the United States, and shall have 'resided who ar* 
 and had his habitations, domicile, home and place of 2iSJ5SSJj 
 permanent abode in Florida for one year, and in the 
 county for six months, shall, if otherwise qualified ac- 
 cording to law in such county, be deemed a qualified 
 elector at all elections under the Constitution. Natur- 
 alized citizens of the United States, at the time of and 
 before registration shall produce to the registration of- 
 ficer his certificate of naturalization or a duly certified 
 copy thereof, and shall make oath that he is the identical 
 person named in such certificate, before they shall be al- 
 lowed to register; Provided, That the following classes 
 of persons shall not be entitled to vote: 
 
 First. Persons not duly registered according to law. 
 
 Second. Persons under guardianship, including those 
 kept in or confined in any public prison. Persong 
 
 Third. Person who are insane or idiotic. 
 
 Fourth. Persons who may have been convicted of fel- 
 ony by any court of record. 
 
 Fifth. Persons who may have been convicted of bribery, 
 perjury, or larceny, or of any infamous crime in any court 
 of this State, or any other State, or interested in any bet 
 or wager, the result of which shall depend upon any elec- 
 tion, or that shall hereafter fight a duel, or send, knowing- 
 ly carry or accept a challenge to fight, or that shall be a 
 second to either party, or that shall be the bearer of such 
 challenge or acceptance; but the legal disability shall not 
 accrue until after trial and conviction by due form of 
 
 257190 
 
4 LAWS OF FLORIDA. 
 
 1904, Sixth. Xo person shall be permitted to vote at an elec- 
 
 " tion who shall have failed) to pay at least on or before 
 the second Saturday in the mouth preceding the day of 
 such election, his poll taxes for the two years next pre- 
 ceding the year in which such election shall be held; 
 Provided. That no person shall be prevented front voting 
 on account of not having so paid a poll tax for any year 
 which shall not have been lawfully assessable against him 
 by reason of his not having been of age, or having been 
 over 55 years of age or who has lost a limb in battle. an 
 who shall have procured and shall exhibit the certificate of 
 the supervisor of registration to that effect as hereinaf- 
 ter provided for -,. Provided, That no person who has not 
 been in this State one year previous to' any general elec- 
 tion, shall be required to pay more than one year's poll 
 taxes, 
 
 *Sec. 2. A general election shall be held in the several 
 counties of this State on the Tuesday next succeeding the 
 eieltion. first Monday in November, A. D. 1898, and biennially on 
 the same day thereafter, or upon such day as may hereaf- 
 ter be fixed by law. at which general election there shall 
 be chosen by the qualified electors in this State such elec- 
 tive State and county officers whose term of office may 
 then require an election to be held to fill such office, be- 
 side State Senators and members of the House of Rep- 
 resentatives of this State, and such other elective of- 
 ficers as may be required to be elected, as provided by the 
 Constitution and laws of this State, except as herein 
 otherwise provided. 
 
 *Sec. 3. A- Governor, the administrative officers of the 
 Tear of elec- exe cutive department, and the State Senators represent- 
 iion. ing the odd numbered .districts shall be elected at such 
 
 lection to be holclen in A. D. 1900, and every four years 
 thereafter. State Senators from tlxe even numbered dis- 
 tricts shall be chos3ii at the general election in A. D. 
 1898 for four years, and every four years thereafter, and . 
 members of the House of Representatives shall be chosen 
 at every general election hereunder. A Clerk of the Cir- 
 cuit Court, a County Judge, a Sheriff, a Superintendent 
 of Public Instruction and a County Surveyor ishall b 
 chosen for each county in this State by its qualified elec- 
 
 *Aniendmer.t, 1897. 
 
LAWS OF FLORIDA. 5 
 
 tors at said election in A. D. 1000, and every four years 
 thereafter. A County Assessor of Taxes, a County Tax 
 Collector and a County Treasurer for each county in this 
 State shall also be chosen at said general election in A. D. 
 1898, in like manner, and at every general election thereaf- 
 ter. A Justice of the Peace and Constable for each justices 
 district shall be elected by the qualified voters thereof 
 at said general election in A. D. 1898, and every two years 
 thereafter. One Justice of the Supreme Court shall be 
 chosen at the general election hereunder in A. D. 1898. 
 and at every general election thereafter unless changed by 
 law. A County Board of Public Instruction, consisting of 
 three members, one member from each School Board J Dis- 
 trict, elected from the several counties at large of this 
 State, shall be chosen at the general election A .D. .1898, 
 and at eve^y general election thereafter, unless changed 
 by law. 
 
 *Sec. 4. A representative to the Congress of the United 
 States shall be elected in and for each Congressional Dis- congresaion- 
 trict of this State on the first Tuesday after the first Mon- al election, 
 day in November, A. D. 1S9S, and biennially on the same 
 day thereafter. Electors of President and Vice-Presi- 
 dent of the United States shall be elected on the first 
 Tuesday after the first Monday in November, A. D. 1900, 
 and on the same day every four years thereafter. 
 
 Sec. 5. Special elections, shall be held in the following 
 
 cases : Special eleo- 
 
 First. Where there has been no choice of any officer tion3 ' 
 who should have been elected at a general election. 
 
 Scond. When a vacancy shall occur in the office of 
 State Senator or Member of the House of Representatives 
 of this State. IUit in case of a vacancy in the office of 
 State Senator or member of the said House of Representa- 
 tives, a special election shall not be held unless a session 
 of the Legislature shall be held after the vacancy occurs 
 and before a general election. 
 
 Third. When a vacancy shall occur, more than three 
 months before a general Hen ion. in the office of repre- 
 sentative to the Congress of the United States, or in any vacancies 
 other office which the Governor shall not be aiHhori/ed to 
 fill by appointment. But if any vacancy shall oc -ur at a 
 
 * /Amendment, ?3^7. 
 
6 LAWS OF FLORIDA. 
 
 ^ 1904. time not more than three months before a general election, 
 the Governor may, in his discretion, order a special elec- 
 tion to fill the same. 
 
 Fourth. When it shall be necessary to elect Presidential 
 Electors, by reason of the offices of President and Vice- 
 President both having become vacant. 
 
 *Sec. 6. The Secretary of State shall, between the first 
 days of July and September in any year in which a gen- 
 Notice of eral election shall be held, make out and cause to be pub- 
 tkSfto ^ ec " lished, at least sixty days prior to the day of holding the 
 nibUshed. election, in one or more newspapers printed at the State 
 Capital, at least once a week until the election, a notice 
 stating what offices and vacancies are to be filled at such 
 general election in the State, and in each county and dis- 
 trict thereof, and shall send to the sheriff of each county 
 a notice of the offices and vacancies of each county to be 
 filled at such general election by the qualified voters of 
 his county, or any district thereof, and the sheriff shall 
 cause a copy of such notice to be published weekly in a 
 newspaper printed in his county, if there be one in the 
 county, and if there be no such paper printed in his 
 county, he shall cause at least five copies of such notice 
 to be posted! in the most conspicuous and public places 
 in the county. 
 
 Sec. 7. Whenever a special election for any office is re- 
 Pabiications quired to be holden, the Governor shall make an order 
 SecUoS. ecU1 declaring on what day the same shall be held, and deliver 
 the same to the Secretary of State, whereupon the Secre- 
 tary of State shall publish notice of the election to be 
 holden therefor in one or more newspapers published 
 weekly at the State Capital, for not less than fifteen days 
 nor more than forty days prior to said election, contain- 
 ing notice of the vacancy or vacancies to be filled, and of 
 the county or counties in which elections are to be held 
 thereafter, and the Secretary of State shall also (deliver to 
 the sheriff of such county or counties, in which such 
 special elections are to be held, a notice of the time of 
 election and of the offices to be filled by the voters of their 
 respective counties, or any district thereof, and the sher- 
 iff shall cause a copy of such notice to be published 
 weekly in some newspaper printed in his county, if there 
 
 *Amendment. 1897. 
 
 
LAWS OF FLORIDA. 7 
 
 be such a newspaper, and if there be no such paper ' [ 1904. 
 printed in his county, he shall cause at least five copies 
 of such notice to be posted in the most public and con- I 
 
 spicuous places in the county. 
 
 Sec. 8. Upon application for registration each elector 
 shall be required to take and subscribe the following oath : Registration 
 I do solemnly swear (or affirm) that I will protect and 01 
 defend the Constitution of the United States and of the 
 State of Florida; that I am twenty-one years of age and 
 have been a resident of the State of Florida for twelve 
 months, and of this county for six months; that I am a 
 citizen of the United States, and that I am qualified to 
 vote under the Constitution and laws of the State of 
 Florida, The supervisor of registration and district reg- 
 istration officers in this act provided for are hereby au- 
 thorized and required to administer this oath, and the 
 elector shall also be required, under oath, to be admin- 
 istered by the registration officer, to give such descrip- 
 tion of himself as will be sufficient to clearly identify his 
 person with the act of registration. 
 
 Sec. 9. Upon the expiration of the term of office for 
 
 which each supervisor of registration of electors has f^ 1 ? 18 ?)" *" 
 . , , . Registration, 
 
 heretofore been appointed in each county, and every two 
 
 years thereafter, the Governor shall appoint, subject to 
 removal by him at any time, one competent, discreet, and 
 fair-minded person in each county, who shall be a quali- 
 fied elector thereof, to be known as the supervisor of reg- 
 istration of electors in said county. Such supervisor 
 shall hold his office for two years, and until his successor 
 shall be appointed an4 qualified. He shall keep his office 
 at the county site, and shall have exclusive charge of the 
 registration of electors, and for this purpose shall open Duties an* 
 and keep books suitable for such registration of electors p01 
 in each e-lection district in such county. He shall ap- 
 point, subject to removal at any time by him, a district 
 registration officer for each election district in his county, 
 whose duty it shall be to attend to the registration of 
 electors in such district as hereinafter provided. The 
 supervisor of registration shall not be eligible for any 
 other office until six mouths after ( -easing to be such su- 
 pervisor. Each supervisor shall, before entering on the 
 performance of his duties, take the oath prescribed by 
 section 2 of article 1C of the Constitution, and shall give 
 
Bond. 
 
 Pay. 
 
 Powers. 
 
 Penalty. 
 
 LAWS OF FLORIDA. 
 
 a bond to the Governor of the State in the sum of five 
 hundred dollars, with two sureties, to be approved by the 
 board of county commissioners of his county, conditioned 
 for the faithful discharge of his duties as such supervi- 
 sor. The compensation of such supervisors shall be suck 
 sum or sums in proportion to the amount of work to be 
 done, as may be fixed and allowed by the board of county 
 commissioners in each county respectively. The district 
 registration officers shall be paid for their services by the 
 respective counties such sum or sums as may be fixed and 
 allowed by the board of county commissioners in each 
 county respectively, after the supervisor of registration 
 shall have certified to the amount of service performed! 
 by each of such district registration officers. Each super- 
 visor shall have power at any time to remove any district 
 registration officer within his county whenever he deems 
 proper, and such district registration officer, when so re- 
 moved, shall, on demand, surrender to such: supervisor 
 all books and papers connected with his office. The will- 
 ful failure of any such district registration officer to 
 promptly comply with, such demands of the supervisor to 
 deliver up such books and papers, shall be deemed a mis- 
 demeanor, and, on conviction thereof, he shall be pun- 
 ished by a fine not exceeding five hundred dollars, or by 
 imprisonment in the county jail not exceeding six months, 
 or by both such fine and imprisonment. Each district 
 registration officer shall, before entering upon the per- 
 formance of his duties, make oath in writing before any 
 officer authorized to administer oaths, that he will well 
 and faithfully perform the duties of his office, which 
 oath shall be transmitted to the supervisor of registra- 
 tion, and preserved by him. Upon the removal of any 
 supervisor of registration of electors, it shall be his duty 
 to immediately ;<nd promptly deliver over to his succes- 
 sor all of the books and, papers and blanks belonging to 
 his office or connected therewith in any way. The willful 
 failure or refusal of any such supervisor of registration 
 to promptly comply with the demand of his successor for 
 such delivery of such books and papers and blanks con- 
 nected with or belonging to his office, shall be deemed a 
 misdemeanor, and, on conviction thereof, he shall be pun- 
 ished by a line not to exceed one thousand dollars, or by 
 
LAWS OF FLORIDA. 9 
 
 imprisonment in the county jail not exceeding six months, 
 or by both such fine and imprisonment. 
 
 *Sec. 10. The supervisor of registration shall keep the 
 registration books of the county open at his office at least 
 three days in each week, and oftener if the county com- Office houra 
 missioners shall so order, from 9 o'clock a. m. to 12 in. sor. Supervl " 
 and from 2 o'clock p. m. until 5 p. m., from the first Mon- 
 day in August in each year in which there is any general 
 election, for the registration of electors. And he shall 
 give notice by publishing in a newspaper printed in his 
 county for two consecutive weeks immediately preceding 
 the time of opening his books, naming the day of the 
 week he will keep his books open. The district registra- 
 tion officers, hereinbefore provided for, shall keep the reg- 
 istration book for such district open at some convenient office hours 
 place therein for the purpose of registration, at least two 
 days in each week, from o'clock a. m. to 12 m., and from 
 1 o'clock p. m. to 7 p. m.. from the first Monday in Sep- 
 tember until the second Saturday of the month preceding 
 the day in each year in which there is any general elec- . 
 
 tion. He shall give notice by posting in three conspic- 
 uous places in his district, naming days of the week hfs 
 books will be open, and at what particular dwelling or 
 building he will be. During the time that the district 
 registration officer is registering voters he may register Time of reg- 
 in one book and the supervisor in another. The registra- istration. 
 tion books of each county shall be closed on said second 
 Saturday of the month preceding the day in each year in 
 which there shall be a general election. And no person 
 shall be allowed to register at any other time than during 
 the period herein provided for the opening of said books 
 for registration of electors. 
 
 Sec. 11. Each election and regisl ration district, voting 
 place or precinct in this State, as now laid out, defined 
 and fixed, is hereby recognized and continued; but (he Registration 
 board of county commissioners in each county are hereby dlstnct 
 empowered, at any time prior to the first day of July in 
 any year in 'which there sl^ll be a general election, to 
 alter or change the same, or to create new districts, desig- 
 nating each district by number, and at the most suitable 
 point in each district to establish a voting place or pre- 
 
 Amendment, 1897. 
 
10 
 
 LAWS OF FLORIDA. 
 
 Change in 
 election dis 
 trlct. 
 
 1904. cinct, at which voting place or precinct there shall be two 
 polling places as hereafter provided, which said voting 
 place or precinct shall not thereafter be changed without 
 the consent of four members of the board of county com- 
 missioners, in meeting assembled. Within ten days after 
 there shall be any change in the division, number or boun- 
 daries of the election districts as now established, or of 
 the location of the voting places or precincts, it shall be 
 the duty of the county commissioners in each county in 
 which there shall be any such change to make in writing 
 an accurate description of any such new or altered elec- 
 tion districts, setting forth the boundary lines thereof, 
 so as to designate accurately the limits of each district 
 that has not already been clearly defined and established, 
 and they shall at the same time name and clearly defice 
 and describe in writing the voting place or precinct which 
 they shall have established in any such new or altered 
 election district, or in any district in which they may 
 change the voting place or precinct, and they shall forth- 
 with cause the same to be recorded in the registry of deeds 
 in the office of the Clerk of the Circuit Court for such 
 county. On recording the aforesaid designations and de- 
 scriptions of said election districts and voting places or 
 precincts the said county commissioners shall publish 
 Publication, the same for not exceeding four weeks in some newspaper 
 published in the county, and if there be no newspaper 
 published in said county they shall post a plainly written 
 or printed copy of said descriptions and designations at 
 the court house of such county in a conspicuous place anil 
 also at three public places in the district changed or al- 
 tered. 
 
 *Sec. 12. The supervisor of registration of the several 
 counties of this State shall have published within fourteen 
 days after the second Saturday in the month preceding 
 the day in which any general election is held, a certified 
 list of the registered and qualified electors of each election 
 district wherein such election shall be held. 
 
 Sec. 13. It shall be the duty of the Secretary of State 
 to cause a sufficient number*of registration books, blank 
 oaths for registration, certificate of registration, applica- 
 tions for renewal of certificates, certificates of transfer, 
 
 Publication 
 of list of 
 qualified 
 electors. 
 
 Duty of Sec 
 retary of 
 State. 
 
 * Amendment, 1807. 
 
LAWS OF FLORIDA. 11 
 
 and other blanks required to be used under this act, to be 1904. 
 prepared so that there shall be three, of said registration 
 books for each election district in each county, which reg- 
 istration books shall, at the top of each page, have printed 
 or written the oath required by the Constitution to be 
 taken by electors at the time of registration, and shall be 
 ruled in columns with proper headings so as to indicate 
 the name ,age, color, occupation and place of residence, 
 including the street, lot and block of any town or city, 
 and the date of registration of each elector, and the num- 
 ber of the certificate that may be issued to kirn, with a 
 separate column at the right side of each line for such 
 notes and entries as may from time to time be necessary 
 to put opposite any name; Provided, That outside of 
 towfrs and cities the residence may be designated by num- proviso. 
 ber of quarter section or convenient sub-division thereof. 
 The pages of said book shall be alphabetically arranged 
 and numbered, and the lines in each page shall be num- 
 bered, and the names thereon shall be alphabetically reg- 
 istered. Upon the requisition of the county commission- 
 ers of any county, the Secretary of State shall furnish 
 them the required number of said books and blanks, 
 which the county commissioners shall deliver to the su- 
 pervisor of registration of their respective counties. 
 
 Sec. 14. Immediately upon the expiration of the time 
 for registration at the several precincts, each district reg- 
 istration officer shall promptly deliver his book and all Duty of Dto- 
 blanks left in his possession to the supervisor of regis- 
 Iration at the county site, and therupon the suy>orviso'r 
 shall proceed to make up the registration books for the 
 several districts in his county, so that three registration 
 books for each election district shall exactly correspond 
 and be as nearly as mav be a duplicate the one of The 
 other. Such books shall be so marked on the lv:cks there- 
 of as to designate clearly to which election district the? 
 belong, and one of the said books for every election dis- 
 trict shall be marked bv tlio supervisor on the back there- 
 of with the words "OfhYp ropy." and which office copies 
 shall at all time be kopt bv the supervisor in his ffice. 
 The original registration books used by the district reg- 
 istration officials shall also, after b^ing returned by them, 
 be kept by the supervisor in his office. 
 
12 
 
 LAWS OF FLORIDA. 
 
 Proviso, 
 
 1904. Sec. 15. Each elector, upon being registered, shall be 
 
 furnished by the registration officer with a certificate of 
 registration?' registration, which certificate, issued by the supervisor, 
 shall be numbered in each district for which they arc 
 i'ssued, by consecutive numbers, in the order in which 
 they avr issued by him. which certificates shall contain a 
 statement of the full name, age, color, height, occupation, 
 place of residence and date of registration, as entered in 
 the registration books, which certificates shall be signed 
 by the registration officer. No person shall be allowed 
 to vote in any other election district than the one in which 
 he is registered; nor shall any person whose name does 
 not appear upon the registration books be allowed to 
 vote; Proriclca, That irhen the name of any one who was 
 duly registered prior to the approval of this act does not 
 appear on the registration books of the election district 
 in which he registered, and in which he resides, such per- 
 son shall, on makir>io- satisfactory proof to the supervisor 
 of rejristration of the fact of his previous registration, 
 and that his name has been improperly omitted from the 
 said books, be entitled to have his name restored to sftid 
 books on application to the supervisor of registration, and 
 shall thereupon receive from such supervisor a certificate 
 of registration similar to that hereinbefore provided for, 
 across the face of which shall be written in red ink the 
 words '^Restoration (Certificate," by the supervisor of reg- 
 istration, on the production of which, at the proper poll- 
 ing 1 place of the proper elction district, he shall be enti- 
 tled to vote, even thouorh his name does not appear on 
 the registration books of such district; Prnri fieri. Said 
 certificate of registration properly identified him to the 
 managers of the oloction. The certificate of registration 
 shall be of the following form : 
 
 REGISTRATION CERTIFICATE XO . . 
 
 Restoration 
 certificate. 
 
 Election District Xo 
 
 Form of res- STATE OF FLORIDA, 
 iatration cer- 
 tificate. 
 
 COUNTY. ) 
 
 The bearer -....', is at the date hereof a quali- 
 fied elector in the above district. He resides at . , 
 
 is years of age. by occupation a 
 
 He is .... feet .... inches in Jiie - ht: his color is 
 
 and he is entitled to vote in said district, unless herein- 
 
LAWS OF FLORIDA. 13 
 
 , 
 
 after disqualified. Registered on this day of. . . . 1964. 
 
 A.I). 18.. 
 
 Supervisor of Registration for said County. 
 
 The certificate of transfer in this act provided for to t>e 
 used in ca^es of transfer from one election district to an- 
 other, shall be of the following form: 
 
 TRANSFER REGISTRATION CERTIFICATE NO. ... 
 
 STATE OF FLORIDA, ) 
 
 > Election District Xo 
 
 GOUNTY. ) 9 
 
 The bearer is at the date hereof a qualified 
 
 elector in the above district. He resides at 
 
 . , . Transfer 
 
 is years of age, by occupation registration 
 
 He i . . . .feet .... inches in height; his color. , certlficate 
 
 and ke is entitled to vote in said District Xo , where 
 
 he formerly resided. 
 
 Transferred on this . . dav of . ... A. D. IS. .. 
 
 Supervisor of Registration for said County. 
 
 Sec. 1f>. Whenever it may be necessary, the Supervisor 
 of Registration of any county shall transfer and tran- 
 scribe into new registration books from whatever regis- Duty of Su- 
 tration books may bo in possession of such supervisor, 
 the names of all electors who appear upon said old books, 
 to be properly and legally registered electors thereon at 
 the time of such transfer to said three new books, taking 
 care that the names of all electors shall be transcribed 
 only in the books of the election district to which such 
 electors belong. At the end of tho time provided by 
 this act for the registration books to be kept open by the 
 supervisor of registration the said books shall be closed, 
 and shall not again be opened for registration until after 
 the next succeeding general elections, except as herein Registration 
 provided, and the supervisor of registration shall attach closed. 10 ** 
 his certificate to each of said three registration books, 
 certifying that they have been examined and revised by 
 him, and that he has caused such registration to be made 
 in compliance with the Constitution and laws of the State 
 of Florida, fairly and impnrtially, to the best of his abili- 
 ty, and such books, or list of names so certified, with such 
 additions, corrections, erasures and revisions as in, 'my 
 
LAWS OF FLORIDA. 
 
 from time to time in conformity to law, be made to or of 
 the same, shall constitute the registration books and lists 
 of such county. The supervisors of registration of elec- 
 tors in the various counties shall be the official custodian 
 supervisor. ojf the l)0oks of registration, and they shall have the ex- 
 clusive control and management of all matters pertaining 
 to the proper registration of electors at all times. When- 
 ever it shall come to ihe knowledge of the supervisor of 
 registration that any elector has died or become disquali- 
 fied to vote by reason of conviction of any ffcsqualifying 
 crime, or from any other cause, or has removed from the 
 county, or from one election district to another in the 
 county without obtaining a certificate of transfer, or that 
 his right to vote has become in anywise affected since his 
 registration, it shall be the duty of said supervisor to 
 make a note of such a fact on the proper registration 
 books opposite the name of such person, and to mark off 
 the names of duch persons as have so ceased to be qualified 
 electors by running a pen through the name of such per- 
 son on such books, and in such cases the supervisor shaU 
 carefully note in said books the date of such erasure, and 
 in no case shall the inspectors or managers of any elec- 
 tion allow any person to vote whose name shall appear 
 on the books to have been there struck off or erased, 
 whether such person shall have a certificate of registra- 
 tion or not, unless he produces or exhibits to such mana- 
 gers a proper certificate, signed by the supervisor of regis- 
 tration, showing that he has been properly restored to 
 said books subsequent to the date of said erasure of his 
 name from said books. All additions to, corrections and 
 other entries in, and all erasures of names, and the causes 
 and dates thereof, shall be made by the supervisors in all 
 three of the registration books belonging to each election 
 district in his county, so as to keep all three of said books 
 at all times as near as may be duplicates the one of ihe 
 other; Provided, That when the name of any elector shall 
 have been wronfully or erroneously erased, the same shall 
 be restored by the supervisor of registration on applica- 
 tions and proofs to him, or may be restored by order of 
 the board of county commissioners, if the supervisor on 
 application and proofs, fails to do so; And provided 
 further. That the registration books shall be kept open to 
 inspection of the county commissioners and the public 
 
LAWS OF FLORIDA. 15 
 
 during the consideration of any application for permit to 1904. ^ 
 sell liquors, wines and beer. 
 
 Sec. 17. Every elector shall have the right to a renewal 
 of his certificate of registration without fee or change 
 when the same becomes defaced by time or accident, upon Renewal of 
 his surrendering such certificate so defaced to the super- certiflca ^ 
 visor of registration. Any elector who may lose his cer- 
 tificate of registration shall be entitled to a renewal there- 
 of by the supervisor of registration of the county in which 
 such elector was registered, upon application therefor, 
 and proof of the loss, in the following manner : He shall 
 at any time before the next general election apply for a 
 renewal of his certificate, stating under oath, to be admin- 
 istered by the supervisor, the facts of his former registra- 
 tion and of such loss, and that he has not sold, bartered 
 or parted with his certicate, and has not willfully de- 
 stroyed or lost it, which application the supervisor shall 
 examine into, and if the facts therein alleged shall be sus- 
 tained to the satisfaction of the supervisor, he shall issue 
 to the applicant a renewal of his certificate, marking or 
 stamping across its face the word "Renewal," and shall 
 make the proper entry in the registration, books of the 
 fact of such renewal. The decision of the supervisor in 
 such case, if it shall be against the application, shall be ^ 
 subject to revision by the board of county commissioners, 
 if he be notified of such appeal to said board within three 
 days after notice to the applicant of the rejection of his 
 application. 
 
 Sec. 18. In case of the removal of an elector from one 
 district to another district in the same county, such elec- Renewal of 
 tor shall notify the supervisor of registration of such elector 
 change of residence, and shall surrender his certificate of 
 registration to such supervisor, who shall at once enter 
 the fact in the proper registration books, and shall give, 
 without fee or charge, such elector a certificate of trans- 
 fer of registration in accordance with such change of resi- 
 dence. If such person was registered before a certificate 
 of registration was provided for by law, and therefore he 
 has ro certificate, he shall be entitled to have his name 
 transferred as above provided for, and shall also receive 
 the certificate of transfer as above provided for. In case 
 of the faliure or refusal of any elector to notify the super- 
 visor of his removal of his residence, as in this section 
 
16 LAWS OF FLORIDA. 
 
 1904. provided for, it shall be the duty of such supervisor, upon 
 the fact of such removal being brought to his knowledge, 
 f * era , se "the name of such person from the registration 
 books, and to note therein the cause and date of such 
 erasure. No elector, who, having been previously regis- 
 tered, shall have removed from one district to another in 
 the same county, shall be allowed to register, nor shall he 
 be allowed to vote by the managers of any election, vith- 
 out a certificate of transfer of registration, as above pro- 
 vided. 
 
 DUTIES OF COUNTY COMMISSIONERS CONCERNING REGISTKA- 
 
 TION. 
 
 *Sec. 19. It shall be the duty of the county commission- 
 
 em of each county, on the first Wednesday after the reg- 
 
 Duty of istration books are closed, as provided for in this act, in 
 
 County Com- , , . 
 
 missioners. every 3~ear in which there is a general election, to ex- 
 amine and revise the registration books of said county, 
 erasing therefrom the names of all such as have died, or 
 removed from the county, or from one district to another 
 in the same county, or who are otherwise disqualified to 
 vote, and restoring such names as have been improperly 
 taken off by the supervisor of registration; said examina- 
 tion and revision shall be completed within three days 
 thereafter, and immediately the county commissioners 
 shall cause to be published in a newspaper, if there be 
 
 Publication one Published in such county, and also post at the court 
 house door a list of the names, alphabetically arranged, 
 that have been erased or stricken from the registration 
 books of each district in such county, either by the su- 
 pervisior of registration, or said board of county com- 
 missioners, and any person whose name shall have been 
 wrongfully or erroneously erased or istricken off, and 
 who shall, within a time not less than ten days before 
 the day of- any general election to be held in such county, 
 make such fact appear to the satisfaction of said board 1 , 
 shall be entitled to have his name restored to the regis- 
 tration books, and the supervisor of registration, when 
 so ordered by the board of county commissioners, shall 
 restore such name or names to said books, with the date 
 
 *Amendment, 1903. 
 
LAWS OF FLORIDA. IT 
 
 of replacement and entries as to how or why such resto- 1904. 
 ration was made, and he ghall, without charge, issue to 
 said person or persons a new certificate or certificates of 
 registration, as provided for in Section 15 of this act, 
 and it thereby made the duty of the county commissioners 
 of each county to hold such special meetings as may be 
 necessary from time to time for carrying the' provisions 
 of this section into effect, and they are authorized to re- 
 quire the county treasurer to pay such expenses. as may be 
 necessary in the performance of their duties; Provided, 
 That in case any special election is held in any county 
 of the State it shall be the duty of the board of county 
 commissioners, to hold a meeting at least fifteen days be- 
 fore said election and proceed to revise the registration Revision, l 
 list and give the notices as provided, as in cases of general 
 election in this act. 
 
 Sec. 20. At each election the supervisor of registration 
 shall furnish the inspectors of elections of each polling Regist 
 place in each election district with one of the registration books * 
 books for such district, the supervisor retaining in his of- 
 fice the other copy or duplicate of such book that he has 
 marked "office copy," as provided in section 16, for the 
 care and custody of which books so delivered to them, 
 the inspectors receiving the same shall be responsible, 
 and which books they shall return to the supervisor of 
 registration within three days after the close of the elec- 
 tion. The supervisor of registration shall not be author- 
 ized or required prior to any election to furnish copies 
 of the registration books of his county, or to allow indis- 
 criminate handling or examination thereof by any one, 
 but he shall at all times allow any elector to examine as 
 to the status of his own name upon the books of the 
 election (district to which such elector may belong. 
 
 Sec. 21. The supervisor of registration shall note on the 
 registration books, which he shall furnish to the inspec- Duty of 
 tors of the different election districts, the name of all per- P ervlsor - 
 eons registered therein who shall have paid on or before 
 the second Saturday of the month immediately preceding 
 the day of election, their poll or capitation taxes for two 
 years next preceding the year in which such election is 
 held as shown by the lists furnished to the supervisor 
 by the tax 'collector, and only such persons shall be 
 deemed qualified voters authorized to vote at any general, 
 
18 
 
 LAWS OF FLORIDA. 
 
 19Q8. 
 
 
 Duty of 
 
 Office hours 
 iector. x 
 
 special or municipal election ; Provided, That no person 
 shall be prevented from voting on account of not having 
 so paid a poll tax. for any year which shall not have been 
 lawfully assessable against him by reason of his not hav- 
 ing been of age or was over the age of 55 years, or who 
 has not lost a limb in battle, and who shall have obtained 
 from such supervisor a certificate to that effect, and shall 
 at the time of offering to vote exhibit such certificate to 
 the inspectors of election. And it shall be the duty of 
 such supervisor upon proof being made to him to give 
 such certificate to such person, without cost to such per- 
 son, provided he is otherwise a duly qualified and regis- 
 tered voter. 
 
 *Sec. 22. The county commissioners (or in case of a 
 municipal election the city or town council) shall cause 
 to be prepared or secured one ballot box for each polling 
 place in their respective counties, of sufficient size to 
 receive and contain all the ballots of the particular pre- 
 cinct or voting place for which it is intended, and it shall 
 be plainly marked or labeled with the name of the elec- 
 tion district or precinct or number thereof for which it is 
 intended. Before any general or special election they 
 shall place in said ballot box twice as many official bal- 
 lots, so printed by them, as there are registered qualified 
 electors in said election precinct, and after securely lock- 
 ing said box, sealing up the keyhole thereof, and all other 
 openings, shall send the key thereof, in a sealed envelope, 
 to the inspector of election of said election district to- 
 gether with the box. The custodian shall be placed un- 
 der oath or affirmation to perform his commission faith- 
 fully and impartially.,, without favor or prejudice to any 
 political party. 
 
 fSec. 23. The Tax Collector of each comity shall in per- 
 son or by deputy be present in his office from 9 a. in. to 1 
 p. m. and from 2 p. m. to G p. m. each day, Sundays ex- 
 cepted, for twenty clays immediately preceding the sec- 
 ond Saturday of the month proceeding the day of an 7 gen- 
 eral or special election, for the purpose of re< i eivin# all 
 poll taxes properly tendered to him, and he shall *is' soon 
 as practicable after receiving the same, give receipts 
 therefor in due form of law. In which receipts shall be 
 
 *Amendrrenti 1807. 
 tAmendn ent, tqo3. 
 
LAWS OF FLORIDA. 
 
 stated the color and age of the elector and the number of ] ^- 
 
 the election district in which such elector or person pav- 
 
 ing such poll tax resides. The. Tax Collector shall make 
 
 a list of those who have paid their poll taxes in each year 
 
 prior to the second Saturday of the month proceeding ihe Tax Coiiec- 
 
 - 11 LOrs to xiiciH.9 
 
 day in any year upon which any genera] or special elec- certified lists 
 
 tion shall be' held, and such list shall be alphabetically ar- gl^pjjj 
 
 ranged. The Tax Collectors of the several counties of poll tax. 
 
 this State within five days after the second Saturday in 
 
 the month proceeding the day in any year in. which nny 
 
 general or special election shall be held, shall make a cer- 
 
 tified list in duplicate of all persons who have pr\id their 
 
 poll taxes for the two years next proceeding the year in 
 
 which such election is held, prior to the second Saturday 
 
 in the month preceding the day upon which such election 
 
 shall be held, and one of said lists shall be delivered by 
 
 the Tax Collector as soon as the same is completed to the 
 
 supervisor of registration, to be filed in his office, and 
 
 the other shall be forwarded to the Comptroller of the 
 
 State of Florida, which he shall file in his office. Any 
 
 Tax Collector or any Deputy Tax Collector who shall fail 
 
 or refuse to comply with the provisions of this act shall 
 
 be guilty of a misdemeanor and upon conviction thereof 
 
 shall bo punished by a fine not exceeding five hundred dol- 
 
 lars or by imprisonment in the county jail not exceeding 
 
 one year. 
 
 *Sec. 24. For the purpose of carrying on and conduct- 
 ing all such general and special elections, it shall be the county Com- 
 duty of the county commissioners, in each county, at Sppoint e in- t0 
 least twenty days prior to the holding of any general or specters. 
 special election therein, to appoint three intelligent, dis- 
 creet and fair-minded inspectors of election, and a clerk 
 of election, for each polling place in each ami every elec- 
 tion district in such county, all of whom shall be resi- 
 dents and registered qualified electors of the election 
 district for which they shall be appointed; all of whom 
 shall not belong to the same political party. The county 
 commissioners in each county shall cause the names of HOW inspec- 
 such inspectors and clerks of election to be published in designated. 
 a newspaper published in such county, if there be a news- 
 paper printed in the county, or posted in a conspicuous 
 
 *Atnendnunt, 1897. 
 
20 
 
 LAWS OF FLORIDA. 
 
 1904. place at the court house, if there be no newspaper printed 
 " in the county, for at least fifteen days before the day of 
 holding any general or special election in. such county. 
 Inspectors and clerks of any general or special election 
 Pay. of any county shall be paid for their services by their re- 
 
 spective board of county commissioners, and the inspec- 
 tors who carry the returns of such elections to their 
 county seats and properly deliver them shall receive two 
 (2) dollars per day, and five (5) icents per mile each way 
 while performing such service. No elector who cannot 
 read and write the English language shall be appointed 
 inspector or clerk of election. 
 
 *Sec. 25. In case of the absence or refusal to act of any 
 of the inspectors or clerks of election appointed by the 
 Refusal of board of county commissioners for any district or polling 
 cierk c to r act. place, the qualified electors present favoring the ticket 
 which the absent inspectors or clerk had been chosen to 
 represent, shall choose from among their number one in- 
 spector, inspectors or clerk as will, together with the in- 
 spector, inspectors or clerk present, constitute a board of 
 four; Provided, The inspector, inspectors or clerk so 
 Proviso. chosen shall (if any such be present, represent the same 
 political party that the absent inspector, inspectors or 
 clerk w r ould represent if present, and the preson or per- 
 sons so chosen shall) be authorized to act as inspectors 
 or clerk of the election at the polling place where they 
 may be chosen, and said inspectors and clerk shall each 
 take and subscribe an oath or affirmation, which shall be 
 written or printed, to the effect that they will perform 
 the duties of inspectors and clerk of election according to 
 law, and will endeavor to prevent all fraud, deceit or 
 abuse in conducting the same. 
 
 Such oath may be taken before any officer authorized 
 to administer oaths, or before either of the persons who 
 are to act as inspectors, one of them to swear the others, 
 and one of the others thus sworn in turn to administer 
 the oath to him who has not been sworn, and such oath 
 shall be returned with the poll list, and the returns of the 
 election to the Supervisor of Registration. One of the 
 !n! inspectors shall be chosen by them as chairman of their 
 epectors. board. 
 
 How oath 
 may be 
 taken. 
 
 *Amendrreni, 1897. 
 
LAWS OF FLORIDA. 21 
 
 In any and all questions that may arise before said in- 1904. 
 
 spectors of election, the decision of a majority of them JJ^ ^ a f e " 
 shall decide such questions. tions arising 
 
 i ,. ,. before In- 
 
 *Sec. 26. There shall be in each and every election dis- specters. 
 trict in each county one polling place, presided over and 
 managed by a board of inspectors and clerk of election, Polling 
 as provided for by law. At each of said polling places a p 
 space, such as the inspectors of election shall deem fit 
 and sufficient, shall be railed off and constructed, . with 
 an opening at one end or side for entrance of the voter 
 and an opening at the other for his exit, as a polling 
 place in which to hold the election. But one voter shall 
 be allowed to enter any polling place at a time, and no 
 one except the inspectors of the election snail be allowed 
 to speak to the voter while in the polling place casting 
 his vote, and no iuspeitor shall speak to or interfere 
 with any voter concerning the manner of his voting OP 
 any ballot he may vote, otherwise than to perform his 
 duties as such inspector specified herein. 
 
 Sec. 27. The polls shall be opened at such voting places 
 at 8 o'clock a. in., on the day of the election, and shall 
 be kept open until sundown of the same day, the time to opening of 
 be observed for such opening and closing of the polls to poUs * 
 be regulated by the customary time in standard use in 
 such locality. The inspectors may, however, adjourn be- 
 tween 12 and 1 o'clock for half an hour. The inspectors 
 shall make public proclamation of the opening and closing 
 of the polls, and the mid-day adjournment. During the 
 adjournment the ballot box shall be kept in the posses- Adjourn- 
 sion of, and in view of two of the inspectors, who shall r 
 not have the key thereof,, and during the election and 
 canvass of the votes the ballot box shall not be concealed 
 from the public. 
 
 Sec. 28. In all elections hereafter held in this State on 
 any subject which may by law be submitted to a vote 
 of the people, and for all, or any State, county, district, 
 or municipal officers, the voting shall l>e by secret official Secre t bai- 
 ballots printed and distributed as hereinafter provided, lots - 
 and no ballot shall be received or counted in any election 
 to which this act applies, except it be provided as herein 
 prescribed. 
 
 *Amendment. Session 
 
22 
 
 LAWS OF FLORIDA. 
 
 1904. 
 
 Cast of bal- 
 lots. 
 
 County Com- 
 missioners 
 to print 
 ballots. 
 
 Other du- 
 ties. 
 
 What names 
 the ballot to 
 contain. 
 
 Sec. 29. The printing and delivery of the ballots and 
 cards of instruction to voters hereinafter prescribed 
 shall in municipal elections be paid for by the several 
 cities or towns respectively, and in all other elections by 
 the several counties respectively. 
 
 *Sec. 30. The board of county commissioners (or in 
 case of a municipal election the city or town council) of 
 each county shall cause to be printed on the ballots to 
 be used in their respective counties the names of all can- 
 didates who have been put in nomination by any 
 caucus, convention, mass meeting, primary election or 
 other assembly of any political party or faction in this 
 State and certified and filed with them not more than 
 sixty nor less than twenty days- previous to the day of 
 election, which certificates shall contain the name of 
 each person nominated and the office for which he is nom- 
 inated, and shall be signed by the presiding officer and 
 secretary of such caucus, convention, mass meeting, or 
 other assembly, or by the canvassing board of such prim- 
 ary election, and be duly acknowledged by one or more 
 of them before arty officer authorized by law to take the 
 acknowledgments. The board of county commissioners 
 (or in case of a municipal election, the city or town 
 council) shall also cause to IK? printed upon said ballots 
 the name of any qualified elector who has been requested 
 to be a .candidate for any office by written petition 
 signed, in case of a candidate for a State or Federal of- 
 fice, by at least five hundred electors, in case of a county 
 or municipal office, by at least twenty-five electors quali- 
 fied to vote in the election to fill said office, when such 
 petition lias been filed with them not more than sixty 
 days nor less than twenty days previous to the election. 
 And in addition to the name printed upon said ballot, 
 and whether there b3 any names printed on said ballots 
 or no. there shall be printed under each office to be voted 
 for at the election, blank lines in number equal to the 
 number of persons who may be elected to fill that office. 
 The name of no person shall be printed upon the ballot 
 who shall, not bss than twenty .days before the election, 
 notify tin? board of county commissioners, in writing, 
 acknowledged before an officer authorized by law to take 
 
LAWS OF FLORIDA. 
 
 acknowledgments, that he willnot accept the nomination 1904. ^ 
 
 specified in the certificate of nomination or request of 
 
 electors; Provided, however. That when any person who 
 
 has been regularly nominated and who shall decline to 
 
 run for the office to which he has been nominated, the 
 
 party by which such person was nominated shall be al- 
 
 lowed five days after such declination to run by such 
 
 person, in which to substitute another candidate. In case 
 
 of any person to be voted for by the electors of the whole 
 
 State, or of any entire Congressional District, such cer- 
 
 tificate of nomination shall be filed in the office of the Certificate 
 
 Secretary of State not less than thirty da.vs before the office of e seo* 
 
 da of election, and such Secretar of State shall there- 
 
 upon immediately certify to the board of county commis- 
 sioners of each county in the State in case of an officer 
 to be voted for by the electors. of the whole State, and to 
 the boards of county commissioners of the counties com- 
 posing the Congressional District in case of an officer to 
 be voted for by the electors of such district, upon suita- 
 ble blanks to be prepared by him for that purpose, the 
 fact of such nomination and the name of the nominee or 
 nominees, and the name of the office to which he or they 
 may be nominated, and the name of such person shall 
 be printed by the board of county commissioners upon 
 the ballot in its proper place in all respects as herein 
 provided for nominations filed in the office of the board 
 of county commissioners; and any Secretary of State 
 who shall willfully fail or refuse to certify such nomina- 
 tions as herein provided shall be guilty of a misde- 
 meanor; and, on conviction, shall be fined not more than 
 one thousand dollars and in the event of such failure or Penalty. 
 refusal, such certificate shall be made by the State Comp- 
 troller. 
 
 9 Sec. f>l. Any person who shaall falsely make or fraudu- 
 lently destroy any certificate of nomination, or any part penalty for 
 thereof, or file any certificate of nomination, knowing the ^ t s e e cert'fl- 
 same, or any part thereof, to be false, or suppress any 
 nomination which has been duly filed, or any part theivof. 
 shall be guilty of a felony, and, on conviction 'thereof, 
 shall be imprisoned in the penitentiary not less than one 
 or more than five vears. 
 
24 
 
 LAWS OF FLORIDA. 
 
 1904. 
 
 Sec. 32. The board of county commissioners shall 
 ruing certi- cause to be preserved in the office of the clerk of the cir- 
 fleates. cu jt cour t all certificates and petitions of nominations 
 
 filed thereon under the provisions of this' act for six 
 months after the election for which such nominations are 
 made. 
 
 What the 
 fcaltot to 
 ontain. 
 
 Constitution- 
 al amend- 
 it. 
 
 taJlot. 
 
 Sec. 33. The ballots printed in accordance with the 
 provisions of this act shall contain the names of all can- 
 didates nominated as hereinbefore provided who have not 
 declined. The names of all candidates for the same of- 
 fice shall be printed together, irrespective of party. But 
 the order in which the titles to the several offices to be 
 filled shall be arranged upon the ballots, shall be left to 
 the discretion of the officer charged with the printing of 
 said ballots. 
 
 Sec. 34. Whenever a constitutional amendment or other 
 public measure is submitted to a vote of the people, the 
 substance of each amendment or other public measure 
 shall be twice in the same language indicated upon the 
 ballot after the list of candidates, followed in one case 
 by the word "yes," and in the other by the word "no." 
 
 Sec. 35. All ballots provided by the board of county 
 commissioners of any county for an election shall be 
 alike, printed in plan type in straight lines, upon plain 
 white paper so thick that the printing cannot be distin- 
 guished from the back, with a slender line between each 
 name, and extending sufficiently to the left of the names 
 to easily permit making before each name a cross mark 
 (X), and in the appropriate place the words, "vote for 
 one" (or two, or other number, as the case may be), to 
 indicate the number which may be elected to each office, 
 and shall be substantially in the following form, except, 
 the order in which the several offices to be filled 
 namely : 
 
LAWS OF FLORIDA. 25 
 
 < '*- 
 
 Official ballot, elected, A. D. 189 (year to be printed). 190*. 
 
 Precinct No County. (Precinct and county 
 
 to be printed). (Make a cross mark (X) before the 
 name of the candidate of your choice). 
 
 Vote for one: 
 
 For Governor. 
 Henrv Fishier. 
 
 William Jones. Form at 
 
 ballot. 
 
 John Smith. 
 
 Vote for one: 
 
 For Secretary of State. 
 William King. 
 
 Thomas Moore. 
 James Simpson. 
 
 Vote for one: 
 
 For Sheriff. 
 Thomas Jones. 
 
 George Smith. 
 James White. 
 
 Vote for two: 
 
 For Representatives in the General Assembly. 
 William Daniels. 
 
 John Doe. 
 
 Constitutional Amendment. Article. .Section. . Yes. 
 Constitutional Amendment. Article. .Section. . No. 
 
 Sec. 36. All ballots for use in each precinct or ward 
 shall be fastened together in convenient numbers in 
 books or blocks, in such manner that each ballot may be How ballot* 
 detached and removed separately. Each ballot shall have to be arrant- 
 attached to it a stub with perforated lines of sufficient 
 size to enable one of the inspectors to write or stamp his 
 
LAWS OF FLORIDA. 
 
 1904. 
 
 Number of 
 ballots at 
 voting 
 place. 
 
 Commission 
 ers. 
 
 name or his initials thereon, and so attached to the bal- 
 lot that when the same is folded the stub can be detached 
 therefrom without injury to the ballot or exposing the 
 contents thereof. 
 
 *Sec. 37. There shall be provided for each voting place 
 at least one hundred ballots for each fifty registered qual- 
 ified electors at said polling place. 
 
 *Sec. 38. The county commissioners of each county, or 
 
 in case of a municipal election, the Mayor or other chief 
 
 Booths to be executive officer, shall provide at each polling place, a 
 
 provided by 
 
 County room or covered enclosure, and in such place or covered 
 
 enclosure shall provide booths or compartments, one 
 booth or compartment for each one hundred or fraction 
 of one hundred or over fifty qualified electors registered 
 for that election, and furnish each with a shelf or table 
 for the convenience of electors preparing their ballots. 
 Each booth or compartment shall be so arranged that it 
 will be impossible for one elector at a shelf or table iti 
 one compartment to see an elector at a shelf or table in 
 another compartment in the act of marking his ballot. 
 Each voting shelf or table shall be kept supplied with 
 conveniences for marking the ballots. 
 
 Sec. 39. Xo person shall be permitted under any pre- 
 text whatever to come within fifteen feet of any door or 
 window of any polling room from the opening of the 
 polls until the completion of the count of the ballots and 
 certificates of the returns, except as herein provided. 
 
 f See* 40. The board of county commissioners (or in 
 case of a municipal election, the city or town council) of 
 each county shall cause to be printed in large type on 
 cards, instructions for the guidance of electors in prepar- 
 ing their ballots. They shall furnish to the inspectors 
 twelve, or more if necessary, such cards for each precinct 
 or ward, and it shall be the duty of the inspectors to post 
 one of such cards in each booth or compartment for the 
 preparation of ballots, and not less than three in promi- 
 nent places elsewhere and outside of the polling place the 
 day of election. Said cards shall be printed in large, 
 clear type, and shall contain full instructions to elector? 
 as to what shall be done. First, to obtain ballots for 
 
 >.-<v/i. to ap- 
 proach poll- 
 ing place. 
 
 Printed 
 cards to in- 
 struct elec- 
 tors. 
 
 *Amendment, 1^07. 
 t Amendment, 1895. 
 
LAWS OF FLORIDA. 27 
 
 voting; second, to prepare the ballot for deposit in tho 1904." ^ 
 ballot box; third, to obtain a new ballot in the place of 
 one accidentally spoiled. 
 
 Sec. 41. Any person who willfully, during or before av 
 election, removes, tears down, or destroys or defaces any Penalty for 
 booth or compartment, or any convenience provided for booth?* ' 
 the purpose of enabling the elector to prepare his ballot, 
 or any card printed for the instruction of electors, shall 
 be (guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not less than ten or more than five hun- 
 dred dollars. 
 
 Sec. 42. Except as electors are admitted, one at a time, 
 to vote, and except the sheriff or his deputy, the inspectors \vho to b 
 and clerks of election, and as many elctors as there may in the bootlu 
 be booths or compartments, no person shall be permitted 
 within fifteen feet of the polling place. Xo sheriff,' rls'pu- 
 ty sheriff or city policeman shall enter the polling place 
 without permission from a majority of the inspectors of 
 the election, except to cast his own ballot. 
 
 Sec. 43. When the right to vote of any person who de- 
 mands to be permitted to vote is questioned by any elec- challenging 
 tor, the said challenge shall be communicated to the in- tne elector, 
 spectors before the person is permitted to vote by the 
 sheriff, or pome other officer or person in attendance and 
 in charge of admission 'to the polling place, when his right 
 to vote must be determined as required by law. 
 
 Sec. 44. Xo elector, while receiving, preparing and cast- 
 ing his ballot, shall occupy a booth or compartment for a Time for re- 
 longer time lhan five minutes. Xo elector shall be al- {JJ^ 1 ^ 118 in 
 lowed to occupy a booth or compartment already occupied 
 by another ,nor 1o speak or converse with any one, except 
 as herein provided, while in the polling place. 
 
 Sec. 45. After having voted, or declined or failed to 
 vote within five minutes, the elector shall immediately Time allow- 
 withdraw from the place and go beyond the prohibited e 
 distance, and shall not enter the polling place again. 
 
 *Sec. 46. Each elector upon entering the polling place 
 shall be given one ballot by the inspectors.- Before deliv- Manner of 
 ering the ballot to the elector, at least one of the in spec- 
 tors shall write in his own hand his initials or r.ame on 
 
28 
 
 LAWS OF FLORIDA. 
 
 1904. t ne s t u fo attached to the ballot. On receiving the ballot, 
 the elector shall forthwith and without leaving the polling 
 place, retire alone to one of the booths or compartments 
 provided for that purpose, and there prepare his ballot by 
 marking with pen and ink or pencil, in the appropriate 
 margin or place a cross mark "X" before the name of the 
 candidate of his choice for each office to be filled, or by 
 filling in the name of the candidate of his choice in 1he 
 blank space provided therefor, and marking the cross 
 mark "X" in the appropriate margin, and likewise by 
 marking the cross "X" before the answer he desires in 
 case of a constitutional amendment or other question sub- 
 mitted to a vote of the people. 
 
 Elector who *Sec. 47. Any elector applying to vote who by reason 
 la wind or o f blindness or the loss of the use of his hand or hands is 
 
 lost use of . . .. . 
 
 hia tands to unable to prepare his ballot, may have the assistance of 
 assis tne inspectors in the preparation of his ballot, who shall 
 retire to a booth or compartment with the elector and 
 there prepare the elector's ballot, so as to indicate 1he 
 elector's declared choice of candidates as to each oil'ice 
 to be filled, without suggestion or interference from in- 
 spectors. But in all cases any elector before retiring to 
 the booth as provided in this section may have one of the 
 clerks of the election to read over to him the titles of the 
 offices to be filled and the candidates therefor. 
 
 Sec. 48. Before any elector applying for assistance in 
 the preparation of his ballot, as provided for in section 
 47, shall be required or permitted to declare his choice 
 of candidates, all electors, including those in tho booths 
 or compartments, after voting shall be required to with- 
 draw from the voting place. 
 
 Sec. 49. Any person making a false declaration under 
 the provisions of section 47 shall be guilty of felony, and, 
 on conviction thereof, shall be imprisoned in the peniten- 
 tiary not less than one nor more than five years. 
 
 Sec. 50. Any inspector who shall willfully deceive any 
 elector in preparing his ballot" shall be guilty of a felony, 
 and, on conviction thereof, shall be imprisoned in the pen- 
 itentiary not less than one nor more than five years. 
 
 Elector de- 
 claring hia 
 choice. 
 
 Penalty. 
 
 Penalty. 
 
 *Amendment, 1895. 
 
LAWS OF FLORIDA. 29 
 
 Sec. 51. Any inspector who shall disclose how any elec- 
 tor may have voted, unless upon the trial. of an indict- Penalty for 
 ment in a court of competent jurisdiction he may be so !?w < ?n n eieo- 
 required, shall be guilty of a . misdemeanor, and, upon tor votefl - 
 conviction thereof, shall be fined not less than ten not 
 more than one hundred dollars. 
 
 Sec. 52. Any elector who shall, by accident or mistake, 
 spoil a ballot so that he cannot conveniently or safely 
 vote the same, may return it to the inspectors who slmJ 1 
 immediately detach the stub and destroy, without exami- 
 nation, the ballot so returned, and shall give to the elec- 
 tor another ballot in lieu thereof, but in no case shall an 
 elector be furnished with more than three ballots. In 
 no case shall any person be permitted to carry a ballot 
 outside of the polling room. A record shall be kept by 
 the clerk of election of all ballots destroyed, as herein 
 provided for. 
 
 Sec. b3. After preparing his ballot the elector shall fold 
 the same so as to conceal the face thereof and show the Elector to 
 stub thereto attached with the name or initials of the fot^Vh? 1 " 
 inspector, and hand it to the receiving inspector, who ballot box- 
 shall detach the stub therefrom and return the ballot to 
 the elector, who shall deposit the ballot in the ballot box 
 in the presence of the inspectors. All stubs detached 
 from ballots as provided for in this section shall be num- 
 bered consecutively and filed by the inspectors. 
 
 Sec. 54. If the elector marks more names than thsre 
 are persons to be elected to an office, or if for any reason Marking 
 it is impossible to determine the elector's choice for any "^ *$? 
 office to be filled, his ballot shall not be counted for such are persona 
 office, but this shall not vitiate the ballot, so far as prop t 
 ^rly marked, and nothing herein shall be construed to 
 prevent any elector from voting for any qualified person 
 other than those whose names are printed on the ballot. 
 
 *Sec. 55. Any elector who shall, except as herein pro- 
 vided, allow his ballot to be seen by any person, or who penalty for 
 shall take or remove, or attempt to take or remove, any violation of 
 ballot from the poling place before the close of the polls, law. 
 or place any mrtrk upon his ballot by which it may bo 
 identified, or take into the election booth any mechanical 
 device, ticket or memorandum, printed or written, other 
 
 Amendment, 1897. 
 
30 LAWS OF FLORIDA. 
 
 . 1904. than the official ballot or tickets to enable him to mark 
 said ballot or ticket, or any person who shall interfere 
 with any elector when inside of the polling place, or when 
 marking has ballot, or unduly influence, or attempt to un- 
 duly influence any elector in the preparation of his ballot, 
 or any elector who shall remain I'/nger than the specified 
 time allowed by this act in the booth or compartment, 
 after being notified that his time has expired, or who 
 shall en deavor to induce any elector to show how he 
 marks, or has marked, his ballot, or aids, or attempts to 
 aid, any elector by any means of any mechanical device, 
 whatever in marking his ballot, or shall print or procure 
 to be printed, or have in his possession any copy of any 
 ballot prepared to be voted, shal Ibe guilty of a misde- 
 meanor, and, on conviction, shall be fined not loss than 
 ten nor more than on? hundred dollars, or imprisoned not 
 more than three months, and any ballot marked by the 
 elector for identification shall be rejectee 1 
 
 Sec. 50. Any officer who willfully and knowingly re- 
 fuses or fails to perform the duties herein prescribed, 
 offl T cer y -who r sna ^ ^ e viilty of a misdemeanor, and, upon conviction 
 fails to per- thereof, shall be fined not less than one hundred nor more 
 duty 1 . his than one thousand dollars. But this section shall not be 
 held to applv to cases where a different penalty Is pre- 
 scribed by this act. 
 
 Secx 57. Any officer or officers after being sworn in who 
 Penalty for willfully and knowingly neglects, or fails or refuses to 
 officers after perform the duties herein prescribed, cliall be guilty of a 
 in. l misdemeanor, except as herein otherwisa provided, and ! , 
 
 on conviction, shall be fined not less than fifty nor more 
 than two hundred dollars, or by imprisonment not less 
 than sixty days, nor more than six months. And in the 
 event the board of county commissioners of r.ny county 
 is unable, or neglects, fails or refuses to perform the du- 
 ties herein prescribed, the duties, responsibilities and au- 
 thorities of the board of county commissioners shall de- 
 volve upon the clerk of the circuit court of the county. 
 
 Sec. 58. When any person shall have voted, his name 
 Clerk to shall be checked on the margin of the page opposite 
 keep poll thereto upon the registration book by one of the inspec- 
 tors, and the clerk of the election shall keep a poll list, 
 which shall contain one column headed "name of voters" 
 and the name of each elector voting shall be entered by 
 
LAWS OF FLORIDA. 31 
 
 the clerk in such column as he votes. And the inspectors 1904. 
 
 of election shall have the authority and power to prevent 
 
 all repeating, and to prevent any person from voting a Inspect ors to 
 
 second time at the same election when they have good P^gJ 1 * re ~ 
 
 reason to believe such person has already voted. They p 
 
 shall have full power to refuse to allow any person to 
 
 vote who is not a qualified elector, or who have become 
 
 disqualified for any cause to vote in such election district. 
 
 They may also prevent any elector from consuming more P ^ event 
 
 time than five minutes in voting. But no inspector shall consuming 
 
 . more time 
 
 examine, read or handle the ballot be^ng voted or about than five 
 to be voted by any elector, or interfere in any way with * in 
 
 the voting of any elector otherwise than as herein pro- 
 vided. The inspectors shall possess full authority to 
 maintain, good order at the polls, and enforce obedience inspectors to 
 to their lawful commands during an election, and during ^"Jn 6 be " 
 the canvass and estimate of the votes. There shall be at 
 each polling place in each election district a deputy -sher- 
 iff, to be deputized for such purpose by the sheriff of the Deputy Sher- 
 county, who shall be required to be present during the jj^e. pollin * 
 whole time that the polls, are kept open and until the 
 election is .completed, who shall be subjected to all lawful 
 commands of the inspectors, and who shall see that there 
 is no interruption of good order. Such deputy sheriff 
 shall have power, when necessary to maintain the peace, 
 to summon a posse from among the bystanders to. aid him 
 in maintaining the peace and good order at the polls. Any 
 ii when so summoned or called upon by such deputy 
 sheriff, who shall fail or refuse to assist him in maintain- 
 ing the peace and good order at the polls, dial I be penalty for 
 deemed guilty of a misdemeanor, and, on conviction ^ m ^ 3 of 
 thereof, shall be fined in a sum not to exceed two hundred deputy 
 and fifty dollars or imprisoned in the county jail not to sl 
 exceed six months*. If any person shall refuse to obey 
 any lawful order of the inspectors, or by disorderly con- 
 duct in their presence or hearing shall interrupt or dis- 
 turb their proceedings, such inspectors may command 
 surii deputy slier ill' or other person present- to lake such 
 disorderly person into custody and to confine him during 
 the election and canvass; and it shall be the duty of such 
 sheriff or other person to obey said order. Any deputv 
 sheriff who shall willfully neglect or refuse to perform 
 any duty imposed on him by this act at the time or within 
 
82 
 
 LAWS OF FLOKIDA. 
 
 1904. 
 
 Penalty for 
 neglect of 
 duty by dep- 
 uty sheriff. 
 
 No officer In 
 polling 
 place unless 
 summoned 
 by majority 
 of inspectors 
 
 Baloons to 
 be closed. 
 
 Count of 
 ballots. 
 
 the time herein specified, shall be deemed guilty of a mis- 
 demeanor, and, on conviction thereof, shall be punished 1 
 by a fine of not more than five hundred dollars, or by 
 imprisonment in the county jail not more than six 
 months, or by both such fine and imprisonment; Pro- 
 vided, however That no sheriff, deputy sheriff, policeman 
 or other officer shall be allowed to come within the poll- 
 ing place unless summoned into the same by a majority 
 of the inspectors. On failure of any sheriff, deputy sher- 
 iff, policeman or other officer to .comply with the provis- 
 ions of this section, it shall be the duty of the inspectors 
 of election, or one of them, to make affidavit against 
 such sheriff, deputy sheriff, policeman or other officer for 
 their arrest. 
 
 Sec. 59. All bar-rooms, saloons and other places for 
 the sale of liquors by retail, shall be closed at 6 o'clock of 
 the evening preceding the day of any election, and shall re- 
 main closed until 6 o'clock in the morning of the day 
 thereafter. And during the time aforesaid, the sale of all 
 intoxicating liquors is prohibited. Any person who shall 
 be convicted of a violation of this section shall be pun- 
 ished by a fine not less than one hundred, nor more than 
 two hundred dollars, or by imprisonment in the county 
 jail not less than three months nor more than six months, 
 or by both such fine and imprisonment. 
 
 Sec. 60. At the close of the election at each polling 
 place in each election district the inspectors and clerks 
 shall immediately proceed to open the ballot box, and in 
 the presence of the public, if there be any present who de- 
 sire to witness said canvass, count the ballots therein, 
 and continue such count without adjournment or inter- 
 ruption until the same is completed. The ballots shall be 
 first counted, and if the number of ballots shall exceed 
 the number of persons who shall have voted, as may ap- 
 pear by the poll list kept by the clerk, and by the stubs 
 detached by the inspector, the ballots shall be replaced 
 in the box and one of the inspectors shall publicly draw 
 out and destroy unopened and unexamined as many of 
 such ballots as shall be equal to such excess. If two or 
 more ballots shall be found folded together, so as to pre- 
 sent the appearance of a single ballot, they shall be laid 
 aside until the count of the ballots is completed, and if, 
 upon comparison of the count, and the appearance of 
 
LAWS OF FLORIDA. 33 
 
 such ballots, a majority of the inspectors shall be of the 1904. 
 opinion that the ballots thus folded together were voted 
 by one person such ballots shall be destroyed. 
 
 *Sec. 61. The canvass being completed, the result shall 
 be publicly proclaimed. Duplicate certificates 1 of the i*e- canvass of 
 suit of such election shall be drawn up by the inspectors votes * 
 or clerk at each and every election 'district, which shall 
 contain in words written at full length the name of each 
 person voted for for each office, and the number of votes certificate* 
 cost for each person for such office, and if any question 
 shall be submitted to an election, such certificates shall 
 also contain the number of votes cast for and against 
 such question, which certificate shall be signed by the 
 inspectors and clerk, and one of such certificates shall le 
 by one of the inspectors delivered, without delay, securely 
 sealed, to the supervisor of registration, and the other 
 to the county judge of the county; and the poll lists and 
 oaths of the inspectors and clerks, together with a 1 ! bal- 
 lot boxes, ballot stubs, memoranda and papers of all 
 kinds, used by the inspectors and clerk in conducting such 
 election shall also be transmitted, sealed up by the in- 
 spectors, with the certificates of the result of the election, 
 to the supervisor of registration, to be filed in his office. 
 *Seo. 62. On the sixth day after any election, or sooner, 
 if the returns shall have been received, it shall be the 
 duty of the county judge and supervisor of registration 
 to meet at the office of the said supervisor of registration, 
 and to take to their assistance the chairman or other tion. 
 member of the board of county commissioners, and in 
 case of absence, sickness, refusal to act, or other disabil- 
 ity of the county judge or supervisor of registration, an- 
 other member of the board of county commissioners, who 
 shall be designated by the chairman of said board, shall 
 act in his place, who shall constitute and be the county 
 canvassing board of elections, and they shall publicly 
 proceed to canvas the vote given for the several officers BoanL 
 and the persons as shown by tbe returns on file in the 
 offices of such county judge and supervisor of registra- 
 tion. Such canvass shall be made solely, exclusively and 
 entirely from the returns of certificates of the inspectors 
 in each election district, as signed and filed by them with 
 
 'Amendments, 1899. 
 
84 
 
 LAWS OF FLOBIDA. 
 
 1904. 
 
 Penalty. 
 
 County of- 
 ficers to be 
 given certifi- 
 cate of elec- 
 tion. 
 
 the county judge and supervisor of registration respec- 
 tively, and in. no case shall the board of county canvass 
 ers change or vary in any manner the number of votes 
 cast for the candidates, respectively, in any polling place 
 in the county, as shown by the returns of the insDectors 
 of such polling place. They shall compile the result of 
 the election, as shown by said inspector's returns, and 
 shall then make and sign duplicate certificates contain- 
 ing in words and figures, written at full length, the whole 
 number of votes given for each officer, the names of the 
 persons for whom such votes were given, for such office, 
 and the number of votes given for each person for such 
 office; such certificates shall be recorded by the super- 
 visor of registration in a book to be kept by him for that 
 purpose, which book shall be furnished by the county 
 commissioners and shall be labeled "Record of Election 
 Returns," and one of such duplicates shall be immedi- 
 ately transmitted by mail or by express to the Secretary 
 of State and the other to the Governor of the State. The 
 supervisor of registration shall transmit by mail to the 
 Secretary of State, immediately after the county canvass- 
 ing board shall have canvassed the returns for State and 
 county officers, a list giving the names of all county of- 
 ficers elected, the office for which each was elected, with 
 the post office address of such county officers-elect in 
 their respective counties. Should any member or mem- 
 bers of said board of county canvassers willfully violate 
 any of the requirements of this section, he shall be 
 deemed guilty of felony, an don conviction shall be pun- 
 ched by a fine of not less than $250 nor more than f 1,000, 
 or by imprisonment in the State penitentiary for not less 
 than one nor niore than three years. 
 
 Sec. 63. In case any county officer shall be elected at 
 any election, the supervisor of registration shall give to 
 the person who shall be elected a certificate of his elec- 
 tion, and the supervisor of registration sliall give to any 
 person desiring a copy of such returns from the record 
 a certified copy thereof, or of such part thereof as may 
 be desired, upon payment to him of the customary fees 
 for copying and certifying papers in the office of the clerk 
 of the circuit court. 
 
LAWS OF FLORIDA. 85 
 
 Sec. 64. For the counties of Monroe, Dade, Brevartfj 1904. 
 Manatee, Osceola and DeSoto, in case the returns of the Por 
 election held in such counties shall- not be received by the " 
 judge and supervisor of registration within six (6) days 
 after the close of an election, the county canvass shall be 
 made as soon thereafter as said returns shall be received 
 by the county judge or supervisor of registration, and 
 within twenty days after said election. 
 
 Sec. 65. The person who shall receive the highest num- 
 ber of votes cast for one yffice shall be elected to such of- who 
 flee. In case two or more persons shall receive an equal * 
 and 1 the highest number of votes for the same office, an- 
 other election therefor shall be held upon the order of the 
 Governor as in other cases of special elections. 
 
 Sec. 66. On the thirty -fifth day after the holding of any 
 general or special election for any State officer, member Board ai_ 
 of the Legislatui^ or representative in Congress, or soon- 
 er, if the returns shall have been received from the sev- 
 eral counties wherein elections shall have been held, the 
 Secretary of State, the Comptroller and the Attorney- 
 General, or any two of theiir, together with any other ad- 
 ministrative officer of the executive department who 
 may be designated by them, shall meet at the office of the 
 Secretary of State, pursuant to notice to be given by the 
 Secretary of State, and they shall form and be a Board of 
 State Canvassers, and as such shall proceed to canvass 
 the returns of said election and determine and declare 
 who shall have been elected fop such office, or as such 
 member, as shown by such returns. If any such returns 
 ehall be shown or shall appear to be so irregular, false 
 or fraudulent that the board shall be unable to determine return* 
 the true vote for any such officer or member, they shall 
 so certify and shall not include such returns in their de- 
 termination, canvass and declaration. And the Secre- 
 tary of State shall file and preserve in his office all sucb 
 returns, together with such other documents and papers 
 as may have been received by him, or by said board of 
 canvassers. The said Board of State Canvassers shall 
 canvass the returns for presidential electors and repre- 
 sentatives to the Congress of the United States sepa- 
 rately and distinct from their canvass of the returns for 
 State officers and members oi the Legislature, and shall 
 make and sign separate and distinct certificates of the re- 
 
36 LAWS OF FLORIDA. 
 
 -^-^ 
 1904. suit of the election for said national officers and for said 
 
 State officers, which certificates shall contain in words 
 written at full length the whole number of votes given 
 for each person for each office, and for member of the 
 Legislature and the State Senator, and. therein declare 
 the result, ^which certificates, the one including the result 
 of the election for presidential electors and representa- 
 tives to Congress, and the other including the result of 
 6 *ke election for State officers, members of the Legislature 
 theofficeof and State Senators, shall be'recorded in the office of the 
 ittl. tary cf Secretary of State, in a book to be kept by him for that 
 purpose. And the Secretary of State shall cause a certi- 
 fied copy of each of *id certificates to be published once 
 in one or more newspapers printed at the capital of the 
 State. 
 
 Sec. 67. The Secretary of State shall make and trans- 
 mit to each person chosen to any State officer, immedi- 
 of ately after the State canvass, a certificate showing the 
 transmit cer- number of votes cast for each person for such office at 
 such election, which certificate shall be prima facie evi- 
 dence of his election to such office. 
 
 Sec. 68. When any person shall be elected to the office 
 President' * of elector of President and Vice-President, or representa- 
 preswent tive * n ^ e Congress of the United States, the Governor 
 and Re^re- shall make out, sign and cause to be sealed with the seal 
 in * the State, and transmit to such person a certificate 
 of his election to such office. 
 
 Sec. 69. The Secretary of State is hereby required to 
 
 rctaryof Sec cause to be prepared, all proper blanks and forms, foi 
 
 state. the use of inspectors of election and for county canvass 
 
 ers, comfortable to the provisions of this chapter, and he 
 
 shall, at least sixty days before any general election 
 
 transmit to the supervisor of registration of each county 
 
 a sufficient number thereof for the several polling places 
 
 in each election district within each county; and shal 
 
 also have printed a sufficient number of the law regulat 
 
 ing general elections to supply the several counties anc 
 
 polling places in each election district in said counties 
 
 and transmit the same with the forms aforesaid ; and th( 
 
 supervisor of registration in each county shall furnish to 
 
 the inspectors of election at each polling place at each 
 
 'election district in such county, a sufficient number o 
 
LAWS OF FLORIDA. 
 
 Bueh forms and copies of election laws for the use of such 
 inspectors at the election. 
 
 Sec. 70. Nothing in this chapter shall be so construed 
 as to prohibit the county commissioners in any county at In c**^ f 
 any time, in case an epidemic shall exist in any city or a: 
 town in such Bounty, at the time of holding any election 
 in such county, from establishing at any safe and con- 
 venient point outside of such infected locality proper ad- 
 ditional polling places for the electors . resident in the 
 infected district, at which polling places the electors, of 
 such infected district shall be allowed to vote, if properly 
 qualified otherwise, and in such Ceases the registration 
 books belonging to such infected districts shall be ap- 
 plicable to and shall be used at such polling places thus 
 established. 
 
 Sec. 71. This act shall take effect from and after its 
 passage and approval by the Governor. 
 
 Sec. 72. That all laws and parts of laws in conflict with ^^^ to 
 the provisions of this act be and the same are hereby re- take effect 
 pealed. 
 
 Approved May 25, 1895. 
 
APPENDIX, 
 
 CHAPTER 5014 [No. 130.] 
 
 AN ACT to Regulate the Holding of Political Primary 
 Elections in the State of Florida, for Nominating 
 Candidates for Any Office Under the Laws of Ihis 
 State, and for Nominating Delegates to Political Con- 
 ventions. 
 
 Be it Enacted ly the Legislature of the State of Florida: 
 
 Section 1. That whenever the State Executive or Stand- 
 ing Committee of any political party in this .State or any 
 Cop^ressional District or county of this Slate, shall de- 
 cide to take by primary election the sense of the members 
 of said party as to the proper persons to be made dele- 
 gates to any convention to be held for the purpose of (:hat 
 party, or to take the sense of the members csf the said 
 party as to their choice for United States Senator, or as 
 to the proper person or persons to he presented on behalf 
 of that party to the voters of the State. Congressional, 
 District or county, as the case may be, at any election to 
 be held in the several counties under the -laws of this 
 State, at least thirty (30) days' notice shall bo given in 
 some newspaper published in the county or counties in 
 which such election is to be held, or by posting a notice 
 of such primary election in each ward or precinct <;f the 
 county, if there be no newspaper published in said coun- 
 ty, of the place where the voters belonging to that party 
 are requested to meet for the purpose of acting in rela- 
 tion to the nomination of delegates or candidates as here- 
 in above stated. 
 
 Such notice shall also state the dav on which such elec- 
 tion is to be held, and the hours within which ft is to be 
 held, and the names of the inspectors appointed fo hold 
 such election and receive the votes that may be cast there- 
 at, and make report and return thereof, and the time 
 
40 
 
 when such return and report shall be made to the com- 
 mittee directing such meeting to be held. 
 
 Sec. 2. That no person can vote or take part in Ihe pro- 
 ceedings of any primary election, who is not by the laws 
 of the State a lawful elector, who has not paid his poll 
 tax legally due, not less than ten days before such pri- 
 mary election is held, and authorized to vote in any legal 
 election in the ward or precinct for which such primary 
 election is held. 
 
 Sec. 3. That the 'Executive or Standing Committee call- 
 Ing such primary election may declare the terms and* 
 conditions on which legal electors offering to vote at such 
 election shall be regarded and taken as proper members 
 of the party at whose instance or in whose interest such 
 primary election has been called or may be held and there- 
 fore entitled to vote at such election as a member of that 
 party. 
 
 Sec. 4. That any recognized member of the party in 
 whose interest such election is held may challenge the 
 right of any person offering to vote at such election, and 
 the inspectors authorized to hold and holding such elec- 
 tion shall determine on the evidence then furnished 
 whether the person so offering is entitled to vote at such 
 election, and shall receive or reject such votes so offered 
 as to them the evidence for or against the right of the 
 persons so offering to vote shall reasonably warrant. 
 
 Sec. 5. That the inspectors holding such primary elec- 
 tion under the provisions of this act may of their own 
 motion, or in any case of the challenge of any person of- 
 fering to vote, if they deem there is any doubt of the 
 propriety under the provisions of this act of the vote so- 
 offered, require of the person so offering to vote, his oath 
 to the fact which authorized the vote, and if the person 
 so offering to vote declines to make oath so demanded, 
 his vote shall be rejected. 
 
 Sec. 6. All votes at such primary elections shall be by 
 ballot, which shall conform to the requirement of the 
 general election law of this State. 
 
 Sec. 7. The report to the committee so directing such 
 primary elections by the officers holding the same shall 
 be in writing, with which the original ballot shall be re- 
 turned and the poll list of the voters made at the time of 
 
the voting, and the reasons on which any challenged vote 
 was received or rejected. Said committee shall carefully 
 examine the returns and reports so made and thereupon 
 decide who are the persons that have been chosen by the 
 majority vote cast in. the primary election for delegates .to 
 the convention, and from what ward or precinct, if the 
 meeting were for the appointment of delegates to such 
 convention, or what person or persons by a majority 
 vote have been elected as candidates of the party, as ihe 
 case may be, for the office or offices to be filled at the ap- 
 proaching election; Provided, a second primary election 
 shall be held within four weeks after the first primary 
 election, to choose in all cases where no person shall 
 have received a majority of all the votes cast for the sev- 
 eral candidates receiving the highest vote in the first 
 primary election. 
 
 When several officers are to be voted for, for the Fame 
 office, as in the case of County Commissioners, a number 
 of candidates not exceeding twice the number not nomi- 
 nated in the first primary shall be voted for in the second 
 primary, and those candidates receiving the highest vote 
 in the second primary to the number remaining to be 
 chosen shall be considered chosen. 
 
 Sec. 8. That if any person who is not entitled to vote 
 under this act, vote at any primary election held hereup- 
 der, or vote more than once, or personate another person, 
 or in any name other than his own legal name, or in any 
 manner disturbs the orderly proceedings of any such 
 election, or intimidate, or in any manner attempt to in- 
 timidate or deter from voting, or bribe, or attempt to 
 bribe, any authorized voter, or impose, or attempt to im- 
 pose, on any duly authorized voter, a ticket or ballot 
 other than it appears on its face to be, such person or 
 persons shall be guilty of a misdemeanor, and on convic- 
 tion shall be fined not less than ten dollars or be sen- 
 tenced to hard labor for more than three months, one or 
 both, at the discretion of the court trying the case. 
 
 Sec. 0. That the inspectors who may hold such primary 
 elections under this act, and return ihe votes, proceed- 
 ings and art ion thereof, herein provided, shall before as- 
 suming the duties, make oath before some officer author- 
 ized to administer the oath, and in the absence of such 
 officer the inspectors shall administer the oath to each 
 
42 
 
 other, that they will honestly, faithfully, and to the best 
 of their ability, do and perform all the duties of their re- 
 spective offices, and any wilful violation of said oath or 
 of any other oath taken under the provisions of this act, 
 shall be held, to be perjury, and shall be punished as pro 
 vided by the laws of the State for the crime of perjury; 
 Provided, That at any primary election ordered by any 
 County Executive Committee or Standing Committee, 
 where the inspectors appointed shall not be present from 
 any cause, the members of the party present may appoint 
 from their number a full set of inspectors and clerk, who 
 shall swear themselves in and proceed to hold such elec- 
 tion ordered the same as if regularly appointed. 
 
 The Sheriff is required to see that good order is pre; 
 served at such meetings, and may arrest and present for 
 commitment to the nearest officer clothed with the power 
 of a Justice of the Peace, and all persons who may be 
 guilty of any violation of the provisions of this act.* 
 
 Sec. 10. That the County Executive or Standing Com- 
 mittee of the political party calling such primary elec- 
 tions is hereby authorized to regulate, the amount to be 
 paid the inspectors and clerks of such election, and to 
 provide funds for defraying expenses of conducting such 
 elections by assessing for the various county candidates 
 for nomination at such primary election; Provided, That 
 when anv candidate for United States Senator, or any 
 State officer or member of Congres is a candidate before 
 such primary, then the State Executive Committee or the 
 Congressional Committee, shall regulate the amount to 
 be assessed such candidate or candidates, and prorate 
 the money so collected among the several conn tics in 
 which such primaries are to be held and pav the same 
 over to the County Executive Committees of the several 
 counties to assist in defraying the expenses of such pri- 
 maries: Provided, That no candidate shall lie assessed 
 more than five per cent, of the annual compensation of 
 the office, for which he is a candidate. 
 
 Sec. 11. That in the appointment of inspectors and 
 clerks of such primary elction, the committee making 
 such appointments shall, so far as possible, select quali- 
 fied voters from a list of names agreed unon by a majority 
 of the candidates before such primary ele^t'on ; Provided, 
 Sitch agreed list is f\?ed with the committee. 
 
43 
 
 Sec. 12. That except as herein provided, all elections at 
 primary elections under this act, shall be regulated by 
 the election law of the State in /orcc at the time such pri- 
 mary election is held as nearly as the same can be done. 
 
 Sec. 13. That the Executive or Standing Committee, 
 when they are petitioned by a majority of the qualified 
 electors of the same party the committee belongs to, shall 
 call and cause to be held a primary election as provided 
 for in this act. 
 
 Sec. 14. The primary election of a political party for 
 all purposes shall be held throughout the State on the 
 same day, but the primary elections for different political 
 parties may be held on separate days. Such primary 
 elections shall be held not less than sixty (60) days be- 
 fore the date for the general election. 
 
 Sec. 15. No County, State or Congressional Committee- 
 man, who is a candidate before any primary election, 
 shall act or serve as such committeeman, and any vacancy 
 caused by such disqualification mny be filled by the Coun- 
 ty, State or Congressional Committee, as the case may be. 
 
 Sec. 16. The County Executive or Standing Committee 
 shall hear and determine all contests or protests filed 1-y 
 any county candidate before such primary election, and 
 when any contest or protest is filed with the county com- 
 mitttee challenging the returns from fwy precinct or ob- 
 jecting to any decision of the committee, such county 
 committee shall hear and determine such contest T pro- 
 test, preserving in writing all the evidence heard and 
 considered, and all rulings and decisions made by said 
 committee. 
 
 The decisions nnd rulings of the County Committee 
 shall be final as to any county candidate before sivh pri- 
 mary. If any candidate for a State or Congressional of- 
 fice is not content with the decision of the County Com- 
 mittee affecting his candidacy in said county, said candi- 
 date shall file within twenty (20) days after the result is 
 declared, with the Chairman of the State or Congres- 
 sional Executive Committee, as the case may be, his pro- 
 test as to the result of the election in any county, where- 
 upon the Chairman of the State or Congressional Execu- 
 tive Committee shall, after filing of such protest, cause 
 notice of sucii protest to be given to the County . Execu- 
 
44 
 
 live Committee wherein irregularities are alleged to exist, 
 whereupon it shall be the duty of such County Committee 
 to immediately forward a certified copy of such evidence 
 submitted to and considered by them, and their rulings 
 and decisions thereon to the State or Congressional Com- 
 mittee, as the case may be, and such committee shall re- 
 view the finding and decisions of the county committee 
 and its decisions shall be final. 
 
 Sec. 17. The Chairman of the State or Congressional 
 Committee, as the case may be, shall cause the names of 
 the successful candidates for offices voted for in more 
 than one county who were chosen by a majority vote to 
 be certified to the county committee of each county of the 
 State, and said committee shall certify the same to the 
 County oCmmissioners of said county, to be placed on 
 the official ballot at the general election. 
 
 * Section 1. That Section 18, of Chapter 5014, of the 
 Laws of Florida, entitled "An Act to regulate the holding 
 of political primary elections in the State of Florida for 
 nominating candidates for any office under the laws of 
 this State, and for nominating delegates to political con- 
 ventions," approved May 31, 1901, is hereby amended so 
 as to read as follows : 
 
 Section 18. Whenever any political party in any muni- 
 cipality of ten thousand population or more in this State 
 shall have determined, by its city committee, or, in the 
 absence of a city committee, then by its county commit- 
 tee, to hold a primary election for the nomination of 
 candidates for city offices, such primary election shall be 
 held in all respects in conformity with the provisions of 
 this act, so far as said provisions can be made to apply. 
 In any case where there is no city committee Of the po- 
 litical party within any such city where a primary elec- 
 tion is to be held, the county committee for such county 
 shall make provision for and designate a city committee 
 to serve until their successors shall be elected at the city 
 primary. The city committee shall call and make all 
 necessary regulations for the holding of such primary 
 to the same extent that county committees are authorised 
 to do under the provisions of this act. 
 
 Sec. 2. That all laws and parts of laws in conflict with 
 this act be, and the same are hereby repealed. 
 
 Approved June 3, 1903. 
 
 *Amencled 19 1-5, 
 
45 
 
 CHAPTER 5249 [No. 144.] 
 
 AN ACT to Provide for the Registration of Voters Before 
 the Holding of Primary Elections. 
 
 Be it Enacted T)y the Legislature of the State of Florida: 
 
 Section 1. That whenever the State, Congressional or 
 County Committee of any political party wjiioh in the 
 last preceding election cast forty per cent, of the votes 
 cast, shall have called a primary election to be held prior 
 to the time for rejgitsration for a general election, the 
 registration books of each county shall be open in each 
 election district for four weeks for registration of such 
 primary. 
 
 In counties of thirty thousand or more population by 
 the last census the books shall be closed four weeks be- 
 fore the primary and in other counties two weeks before 
 the primary. 
 
 Approved June 4, 1903. 
 
1304 
 
 257190