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GIFT OF 
 
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 Primary Election 
 
 AND 
 
 Election Expense Laws 
 
 Passed by 
 THIRTY-SECOND GENERAL ASSEMBLY 
 
 Published by W. C. HAYWARD, Secretary of State 
 
 DES MOINES: 
 
 BMOBT H. BNQLISH, STATE PRINTER 
 
 1907 
 

 V'" r1 
 
Primary Election Law 
 
 SUMMARY 
 
 I. General provisions: 
 Offices affected, Sec. 1. 
 Definitfons, Sees. 2, 3. 
 When and where held, Sec. 4. 
 
 II. Nomination papers: 
 
 (a) Blanks to be furnished, Sec. 11. 
 Who to file, Sec. 10. 
 
 When and where filed. Sec. 10. 
 Requirements as to. Sees. 6, 10. 
 By petition, Sees 10, 29. 
 Notice published. Sec. 12. 
 
 (b) Transmitted to County Auditor, 
 Sec. 12. 
 
 III. Ballots and supplies: 
 Printing, Sec. 13. 
 Form of ballot. Sec. 14. 
 Sample ballots. Sec. 15. 
 Supplies and poll books. Sec. 16. 
 
 IV. Party affiliation: 
 
 First declaration. Sees. 7, 8. 
 Record cf. Sees. 7. 8. 
 Change of Declaration, Sec. 8. 
 Declaration challenged, Sec. 9. 
 
 V. 
 
 The election: 
 
 
 
 
 (a) Judges and clerks. Sees. 5 
 
 ,25. 
 
 
 Australian ballot. Sec. 6. 
 
 
 
 
 Polls open, Sec. 6. 
 
 
 
 
 Ballots, Sees. 6, 14, 17. 
 
 
 
 
 Expenses of. Sec. 5. 
 
 
 
 
 (b) Special elections, Sec. 
 
 30. 
 
 
 VI 
 
 . Canvass of votes: 
 
 
 
 
 (a) By judges and clerks. 
 
 Sees. 6, 17. 
 
 
 (b) By board of supervisors, 
 
 Sec. 19, 
 
 
 Recount, Sec. 18. 
 
 
 
 
 (c) By State Board, Sees. 
 
 22, 
 
 23. 
 
 
 (d) Tie vote. Sec. 24. 
 
 
 
 VII. Conventions: 
 
 
 
 
 County, Sec. 25. 
 
 
 
 
 District, Sec. 26. 
 
 
 
 
 State, Sec. 27. 
 
 
 
 VIII. Party Committees: Sees 
 
 1. 22 
 
 , 25, 26, 
 
 
 27, 28. 
 
 
 
 
 Committeemen, Sees. 1, 25, 
 
 27, 
 
 31. 
 
 IX 
 
 . Penalties: 
 
 
 
 
 Misconduct of officials; Sec. 
 
 31. 
 
 
 
 Services for hire. Sec. 32. 
 
 
 
 
 Bribery, Sec. 33. 
 
 
 
 X. 
 
 City elections, Sec. 35. 
 
 
 
 XI, 
 
 . Acts repealed. Sec. 34, 
 
 
 
 Chapter 51, Acts of the Thirty-second General Assembly. 
 
 PRIMARY ELECTIONS. 
 S. F. 280. 
 
 AN ACT providing for the nomination, by political parties, or organizations, of can- 
 didates for various offices, and the election of delegates to conventions of said 
 political parties or organizations, and the election of party committeemen, by a 
 primary election, and for the holding of conventions by such political parties or 
 organizations, providing penalties for the violations thereof, and repealing chapter 
 forty (40), laws of the Thirtieth General Assembly, and chapters forty-five (45) 
 and forty-six (46), laws of the Thirty-first General Assembly, relating to primary 
 elections. 
 
 Be it enacted hy the General Assembly of the State of Iowa: 
 
 Section 1. Primary elections authorized — offices affected. That from and 
 after the passage of this act the candidates of political parties for all offices 
 which under the law are filled by the direct vote of the voters of thjg state 
 
 257147 
 
at the ge6eMr'el6cticfn in 'November, (except candidates for the office of judge 
 of the supreme, district and superior courts), for the office of senator in the 
 congress of the United States, and for the office of elector of the president and 
 vice-president of the United States, shall be nominated by a primary election, 
 and delegates to the county conventions of said political parties or organiza- 
 tions and party county committeemen shall be elected at said primary elec- 
 tion, at the times and in the manner hereinafter provided. The provisions 
 of chapters three (3) and four (4), title six (6), and chapter eight (8), title 
 twenty-four (24), of the code, shall apply so far as applicable to all such 
 primary elections, the same as general elections, except as hereinafter pro- 
 vided. The vote upon candidates for the office of senator in the congress of 
 the United States shall be for the sole purpose of ascertaining the sentiment 
 of the voters in the respective parties. 
 
 Sec. 2. Primary election defined. The term "primary election" as used 
 in this act shall be construed to apply to an election by the members of vari- 
 ous political parties for the purpose of placing in nomination candidates for 
 public office, for selecting delegates to conventions, and for the selection of 
 party committeemen. 
 
 Sec. 3. Political party defined. The title "political party" shall mean 
 a party which, at the last preceding general election, cast for its candidate for 
 governor at least two per centum of the total vote cast at said election, pro- 
 vided that such other political organizations as may, under sections 1098 and 
 1099 of the code nominate and certify candidates and have their names placed 
 upon the ballot for the November election, shall have the right so to do in 
 the manner and under the conditions therein prescribed. 
 
 Sec. 4, When held. The primary election herein provided for shall con- 
 sist of an election by all political parties and shall be held at the usual voting 
 places of the several precincts on the first Tuesday after the first Monday in 
 June, in the year nineteen hundred eight, and biennially thereafter, for 
 the nomination of candidates for such offices as are to be filled at the general 
 election in November next ensuing, (except candidates for the office of judge 
 of the supreme, district and superior courts), for senator in the congress of 
 the United States in the next year preceding the filling of that office by the 
 general assembly, and for the electors of the president and vice-president of 
 the United States, in the year in which a president and vice-president are to 
 be elected. 
 
 Sec. 5. Judges and clerks — ^how selected — oath — expenses. The judges 
 and clerks of all primary elections under this act shall be made up and selected 
 and appointed in the same manner as for the general election held in Novem- 
 ber, and they shall take the same oath and the judges are hereby authorized 
 to administer oaths as hereinafter provided. Vacancies shall be filled as pro- 
 vided for the judges and clerks of the general election, and their compensa- 
 tion shall be the same. The expenses of said primary election shall be paid 
 one-half by the county in which the said primary election is held, and one- 
 half by the state. The board of supervisors of each county shall audit the 
 entire expense and certify the same to the executive council, which shall there- 
 upon order a warrant for one-half the amount to be delivered to the county, 
 which shall thereupon pay the entire amount. 
 
 Sec. 6. Australian ballot — polls open — ballots. The Australian ballot sys- 
 tem as now used in this state, except as hereinafter provided, shall be used 
 at said primary election in all precincts. The voter shall in all cases mark 
 the ballot in the square before the name of each person for whom he desires 
 to vote. In cities where registration is required by law, the polls shall be 
 open from 7 :00 a. m. to 8 :00 p. m., and in all other precincts from 1 .00 p. m. to 
 8 :00 p. m. The elector voting at said primary election shall be allowed to vote 
 for candidates for nomination on the ticket of only one political party, and that 
 shall be the party with which he is registered as affiliated. The endorsement 
 
— 3— 
 
 of the judges of election and the fac simile of the auditor's signature shall 
 appear upon the ballots as provided by law for the ballots used for the No- 
 vember election. The voter shall return the ballot folded to one of the judges 
 of election who shall deposit it in the ballot box. If any primary elector write 
 upon his ticket the name of any person who is a candidate for the same office 
 upon some other party ticket than that upon which his name shall be so 
 written, such ballot shall be so counted for such person only as a candidate of 
 the party upon whose ballot his name is written, and shall in no case be 
 counted for such person as a candidate upon any other ticket. In case the 
 person is nominated upon more than one ticket, he shall forthwith file with 
 the proper officer a written declaration indicating the party designation un- 
 der which his name is to be printed on the official ballot for the general elec- 
 tion following such primary election. 
 
 Sec. 7. First declaration of party affiliation — record. At the primary 
 election to be held in June in the year nineteen hundred eight any person 
 shall be entitled to participate therein who is a qualified elector in such pre- 
 cinct at the time of said primary election, and when the voter seeks to pass 
 the guard-rail he shall indicate the party ballot he desires and one of the 
 judges of the primary election board shall give him such primary ballot, 
 (unless challenged, and if so challenged, then only in the event that the chal- 
 lenge is determined in favor of the voter), and such person shall thereupon 
 be allowed to vote. The voter's selection shall constitute his declaration of 
 party affiliation, and it shall be the duty of the primary election board to 
 record his name and check his declaration of party affiliation on the poll 
 books used by the clerks of the primary election board, and said list properly 
 certified to by said primary election board shall be returned to the county 
 auditor for preservation. Copies of the names and party entries on such list 
 together with the changes of party affiliation as hereinafter provided, ar- 
 ranged alphabetically by surnames, shall be used at subsequent primaries for 
 determining with what party the voter has been enrolled, and no voter en- 
 rolled under the provisions of this act shall be allowed to receive the ballot 
 of any political party except that with which he is enrolled, but he may change 
 his enrollment as hereinafter provided. The county auditor shall prepare for 
 each voting precinct two of the above mentioned lists duly certified by him, 
 and taken from the poll books of the last preceding primary election, which 
 he shall deliver to the succeeding primary election boards in the year nineteen 
 hundred ten and biennially thereafter, at least one day prior to the day 
 of the primary election, and which list together with the poll books of the 
 primary election shall be returned to the said auditor in good condition within 
 twenty-four hours after the primary election, to be preserved by him. 
 
 Sec. 8. Change of affiliation — first voter — ^removal. Any person who has 
 thus declared his party affiliation shall thereafter be listed on the poll books 
 as a member of that political party, and such person while a resident of the 
 same voting precinct need not declare his party affiliation at succeeding pri- 
 mary elections unless he desires to change his party affiliation. Any elector, 
 who, having declared his party affiliation, desires to change the same, may, 
 not less than ten days prior to the date of any primary election, file a written 
 declaration with the county auditor stating his change of party affiliation, and 
 the auditor shall enter a record of such change on the poll books of the last 
 preceding primary election in the proper column opposite the voter's name 
 and on the voting list. Any elector whose party affiliation has for any reason 
 not been registered or any elector who has changed his residence to another 
 precinct, or a first voter or citizen of this state casting his first vote in this 
 state shall be entitled to vote at any subsequent primary election in the same 
 manner and upon the same terms as provided in section seven (7) of this 
 act, and the clerks of the primary election shall record his party affiliation 
 and the county auditor shall add his name to the alphabetical lists for use in 
 
subsequent primary elecfions as 'provided for in section seven (7) of this act. 
 
 Sec. 9. Challengers— affidavit. Each political party shall be entitled to 
 have two party challengers present at each polling place, to be appointed by 
 the respective party committeemen. Any judge or clerk of the primary elec- 
 tion or any party challenger may challenge any voter upon the grounds men- 
 tioned in section eleven hundred fifteen (1115) of the code and such chal- 
 lenge shall be determined as there provided. Any elector whose party affilia- 
 tion has been recorded as provided by this act and who desires to change his 
 party affiliation on the primary election day, shall be subject to challenge. If 
 the person challenged insists that he is entitled to vote the ticket of the po- 
 litical party to which he has transferred his political affiliation and the chal- 
 lenge is not withdrawn, one of the judges shall tender to him the following 
 oath: "You do solemnly swear (or affirm) that you have in good faith 
 
 changed your party affiliation to and desire to be a member of the 
 
 party." And if he take such oath he shall thereupon be given a ticket of 
 such political party and the clerks of the primary election shall change his 
 enrollment of party affiliation accordingly. 
 
 Sec. 10. Nomination papers — candidates — affidavit. No candidate for an 
 elective county office shall have his name printed upon the official primary 
 ballot of his party unless at least thirty days prior to the day fixed for hold- 
 ing the primary election a nomination paper shall have been filed in his be- 
 half in the office of the county auditor; and no candidate for nomination for 
 an elective state office, or for representative in the congress of the United 
 States, or member of the general assembly, shall have his name printed upon 
 the official primary ballot of his party unless at least forty days prior to such 
 primary election a nomination paper shall have been filed in his behalf in the 
 office of the secretary of state ; and no member of a political party desiring or 
 intending to be a candidate for the office of senator in the congress of the 
 United States, or a candidate for the office of elector of the president and 
 vice-president of the United States, shall have his name printed upon the 
 official primary ballot of his party in any election precinct unless at least 
 forty days prior to such priihary election a nomination paper shall have been 
 filed in his behalf in the office of the secretary of state. A candidate for an 
 office to be filled by the voters of any sub-division of a county shall not be 
 required to file any nomination paper or papers. All nomination papers 
 shall be in substantially the following form: 
 
 "I, the undersigned, a qualified elector of county, and state 
 
 of Iowa, and a member of the party, hereby nominate 
 
 of county, state of Iowa, who has affiliated with and is a mem- 
 ber of the party, as a candidate for the office of to be voted 
 
 for at the primary election to be held in June, 19. .. .", and shall consist of 
 sheets of uniform size about 8% by 13 inches. No signatures shall be count- 
 ed unless they are on sheets each having such form written or printed at the 
 top thereof. Each signer of a nomination paper shall sign but one such nomi- 
 nation paper for the same office, except where more than one officer is to 
 be elected to the same office, in which case he may sign as many nomination 
 papers as there are officers to be elected, and only one candidate shall be pe- 
 titioned for or nominated in the same nomination paper. Each signer of a 
 nomination paper shall add his residence with street and number, if any, 
 and the date of signing. For all nominations, all signers of each separate 
 part of a nomination paper shall reside in the same county. When more 
 than any sheet is used for any nomination paper, the sheets shall be laid one 
 upon the other and neatly, evenly, and securely fastened together before filing, 
 and shall be considered as one nomination paper only. A nomination paper, 
 when filed, shall not be withdrawn nor added to, nor any signature thereon 
 revoked. The affidavit of a qualified elector shall be appended to each such 
 nomination paper, or papers, if more than one for any candidate, stating 
 
that he is personally acquainted with all the persons who have signed the 
 same; that he knows them to be electors of that county and believes them 
 to be affiliated with the party named therein ; that he knows that they signed 
 the same with full knowledge of the contents thereof ; that their respective 
 residences are truly stated therein; and that each signer signed the same on 
 the date stated opposite his name, but such affidavit shall not be made by the 
 candidate. Each and every candidate shall make and file his affidavit stating 
 that he is eligible to the office for the township, county, district or state in which 
 he is and will be a bona fide candidate for nomination for said office, and 
 shall file such affidavit with the said nomination paper or papers, when such 
 paper or papers are required. If no such paper or papers are required, then 
 he shall file such affidavit alone, with the county auditor, at least thirty days 
 prior to such primary election, and the filing of such affidavit shall entitle 
 such candidate to have his name printed on the official primary ballot of his 
 party. Such affidavit shall be in form and substance as follows: 
 
 "I, being duly sworn, say that I reside at street, (city 
 
 or town) of county of in the state of Iowa; that I am 
 
 eligible to the office for which I am a candidate, and that the political party 
 
 with which I affiliate is the party ; that I am a and 
 
 a candidate for nomination to the office of to be made at the pri- 
 mary election to be held in June, 19 , and hereby request that my name be 
 
 printed upon the official primary ballot as provided by law, as a candidate of 
 
 the party. I furthermore declare that if I am nominated and 
 
 elected I will qualify as such officer. 
 
 (Signed) 
 
 Subscribed and sworn to (or affirmed) before me by on 
 
 this day of ,19 
 
 The nomination papers above required shall be signed as follows: 
 
 (1). If for a state office. United States senator, or elector at large, by at 
 least one per centum of the voters of the party (as shown by the returns of 
 the last general election) of such candidates, in each of at least ten counties of 
 the state, and in the aggregate not less than one-half of one per centum of the 
 total vote of his party in the state, as shown by the last general election. 
 
 (2). If for a representative in congress, district elector, or senator in the 
 general assembly in districts composed of more than one county, by at least two 
 per centum of the voters of his party, as shown by the last general election, in 
 at least one-haLf of the counties of the district, and in the aggregate not less 
 than one per centum of the total vote of his party in such district, as shown 
 by the last general election. 
 
 (3). If for an office to be filled by the voters of the county, by at least two 
 per centum of the party vote in the county, as shown by the last general 
 election. 
 
 In each of the above cases, the vote to be taken for the purpose of computing 
 the percentage shall be the vote cast for the head of the ticket. 
 
 Sec. 11. Blank nomination papers. The secretary of state shall cause to be 
 printed and keep on hand a sufficient quantity of nomination paper blanks 
 in form as provided for in this act and shall furnish the same on application to 
 any qualified elector in the state desiring to petition for the nomination of any 
 candidate, or to a person who intends to be a candidate, for any office whose 
 nomination paper is required to be filed in his office; and the county auditor 
 of each county shall likewise cause to be printed and keep on hand a sufficient 
 quantity of such nomination paper blanks and furnish the same on applica- 
 tion to any qualified elector in his county desiripg to petition for the nomina- 
 tion of any candidate, or to a person who intends to be a candidate, for any 
 office whose nomination paper is required to be filed in his office. 
 
-6— 
 
 Sec. 12. Nominations certified to county auditor — notice published. At 
 least thirty days before any such primary election, the secretary of state shall 
 transmit to each county auditor a certified list containing the name and post- 
 office address of each person for whom a nomination paper has been filed in 
 his office, in accordance with the provisions of section ten of this act and enti- 
 tled to be voted for at such primary election by the voters of such county, 
 together with a designation of the office for -which he is a candidate, and the 
 party from which he seeks a nomination. Such auditor shall forthwith upon 
 receipt thereof, publish, under the proper party designation, the title of each 
 office to be filled, the names and addresses of all persons for whom proper 
 nomination papers have been duly filed, both in his own office and in the office 
 of the secretary of state, giving the name and address of each, the date of the 
 primary, the hours during which the polls will be open, and that the primary 
 will be held in the regular polling place in each precinct. It shall be the duty 
 of the said auditor to publish said notice once each week for two consecutive 
 weeks prior to the said primary election. He shall also forthwith mail four 
 copies of such notice to each city, town, and township clerk of the county, 
 who shall immediately post three of said copies in three public places in each 
 precinct of his township, town or city, designating therein the location of the 
 polling booth in each election precinct. Every publication required in this 
 act shall be made in at least two and not to exceed four newspapers of gen- 
 eral circulation in such county. One of such newspapers shall represent the 
 political party which cast the largest vote in such county at the last pre- 
 ceding general election, and one of such newspapers shall represent the politi- 
 cal party which cast the next largest vote in such county at said gen- 
 eral election. In any case where the publication of a notice can not be made 
 as hereinbefore required, it may be made in any newspaper having a general 
 circulation in the county in which the notice is required to be published. 
 
 Sec. 13. Printing. The names of the candidates of each political party for 
 nomination for the several offices and blank spaces for delegates to the county 
 convention and for party committeemen shall be printed in black ink on sep- 
 arate sheets of paper uniform in color, quality, texture and size, with the name 
 of the political party printed at the head of said ballots, which ballots shall 
 be prepared by the county auditor in the same manner as for a general elec- 
 tion. The names of candidates on all primary election ballots shall be 
 arranged alphabetically according to surnames for each office. 
 
 Sec. 14. Ballot — form. The official primary election ballot shall be pre- 
 pared, arranged and printed substantially in the following form: 
 
 PRIMARY ELECTION BALLOT 
 
 (Name of Party) 
 of 
 
 Township or Precinct, Ward, City or Town 
 
 of , County of , State of Iowa. 
 
 Primary election held on the day of June, 19 . . . 
 
 FOR UNITED STATES SENATOR. 
 
 (Vote for one . ) 
 r~) William K. Brown 
 □ J. R. Wayne 
 D 
 
— 7— 
 
 FOR GOVERNOR. 
 
 (Vote for one.) 
 
 □ Howard Collins 
 
 □ William Longley 
 
 D 
 
 (Followed by other elective state and district officers in order.) 
 
 FOR COUNTY AUDITOR. 
 
 (Vote for one.) 
 
 □ William Strong 
 
 □ Robert Thompson 
 
 D 
 
 (Followed by other elective county officers in order.) 
 
 FOR DELEGATES TO COUNTY CONVENTION. 
 
 (Vote for . . . . ) 
 
 D 
 
 D 
 
 D 
 
 D 
 
 D 
 
 FOR TOWNSHIP CLERK. 
 
 (Vote for one.) 
 D John H. Black 
 
 □ Joseph Raymond 
 
 D 
 
 FOR TOWNSHIP TRUSTEES. 
 
 (Vote for two.) 
 
 □ Clarence Foster 
 
 □ William Jones 
 D H. S. Wilson 
 
 D 
 
 (Followed by other elective township officers in order.) 
 
 FOR PARTY COMMITTEEMAN, 
 
 (Vote for one.) 
 
 D 
 
 Sec. 15. Sample ballots. The county auditor of each county shall, at least 
 fifteen days preceding the primary election, cause to be printed sample bal- 
 lots of each political party and the words, "SAMPLE BALLOT" shall be 
 printed near the top of each of such ballots in large capital letters, and imme- 
 diately thereafter shall mail one of such sample ballots to each candidate who 
 is entitled to have his name printed on the official primary ballot of any party 
 
in any precinct in his county to the postoffice address of such candidate as 
 given in his nomination paper, or affidavit, as the case may be, filed in the 
 auditor's office, or as certified to him by the secretary of state, and one to 
 the chairman of the county central committee, if any, of each political party 
 in his county to his usual postoffice address as known to the auditor, or as 
 ascertained by him; and such auditor shall correct any errors and omissions 
 brought to his knowledge prior to the printing of the official ballots. 
 
 Sec. 16. Supplies — poll books. All necessary election supplies, including 
 poll books as provided by law, for the general election, together with a suf- 
 ficient number of official primary ballots of each party, shall be furnished for 
 the primary election board for each precinct by the county auditor, and such 
 poll books shall contain blank spaces for the names of the candidates of the 
 several parties for the different offices to be written in, and blank spaces for 
 entering by the clerks the names of the electors voting at said primary elec- 
 tion ; and upon the pages provided for entering the names of said voters there 
 shall be ruled spaces for the listing of the names of said voters and for the 
 designation of the party ticket voted by said elector in manner and form 
 substantially as follows : 
 
 d 
 
 Name 
 
 •OS 
 
 12 
 
 3.2 
 
 JS 
 
 1" 
 
 to 
 
 IS 
 
 1 
 
 1 
 
 James Smith 
 
 X 
 
 X 
 
 X 
 
 
 2 
 
 Tom Jones 
 
 
 3 
 
 Dan Brown 
 
 
 
 4 
 
 George White 
 
 
 
 X 
 
 
 
 
 
 
 
 It shall be the duty of the clerks of the primary election when entering 
 the name of a voter to place in the poll books a cross thus (X) in the column 
 designating the party ticket which was given to said voter upon his applica- 
 tion for a ticket. 
 
 Sec. 17. Ballots counted — returns. Upon the closing of the polls the 
 clerks and judges shall immediately open the ballot box and proceed to take 
 therefrom the ballots. Said officers shall count the number of ballots cast 
 for each party, at the same time bunching the tickets cast for each party, in 
 separate piles. As soon as the clerks and judges shall have sorted the ballots 
 of each party, separately, they shall take the tally sheets provided in the poll 
 books and shall count all the ballots for each party separately until the count 
 is completed, and shall certify to the number of votes cast for each candi- 
 date for each office upon the ticket of each party. After all have been counted 
 and certified to by the clerks and judges, they shall seal the ballots cast by 
 each of the parties in separate envelopes, on the outside of which shall be 
 printed or written the names of that party's candidates for the different 
 offices, and opposite each candidate's name shall be placed the number of 
 votes cast for such candidate in said precinct, and then seal the envelopes 
 containing the votes of the different political parties, in one large envelope, on 
 the outside of which, or on a paper attached thereto, shall be printed or 
 written, in perpendicular columns, the names of the several political parties 
 with the names of the candidates for the different offices under their respective 
 party headings, and opposite each candidate's name shall be placed the num- 
 ber of votes cast for such candidate in said precinct, and at the bottom the 
 total vote cast by each political party in said precinct, and such envelopes shall 
 be returned to the county auditor, who shall carefully preserve the same in 
 said condition and deliver them to the county board of canvassers. But any 
 elector of the county shall have the right, before the day fixed for canvassing 
 
the returns, to ascertain the vote cast for any candidate in any precinct in the 
 county, as shown on the outside of the large envelope. Said judges of elec- 
 tion shall deliver the returns so made, together with the poll books, including 
 tally sheets and certificates of the judges and clerks written thereon, to the 
 county auditor within twenty-four hours after the primary election has closed ; 
 and if the returns from any precinct be not so delivered within the said time, 
 the county auditor shall forthwith send a messenger for any such missing re- 
 turns, and said messenger shall be paid, as provided by law, for the general 
 election, 
 
 Sec. 18. Recount of ballots. Any candidate, whose name appears upon the 
 official primary ballot of any voting precinct, may require the board of super- 
 visors of the county in which such precinct is situated to recount the ballots 
 cast in any such precinct, at the time fixed for canvassing the returns of 
 the judges of election, by filing with the county auditor not later than the 
 day before such meeting, a showing, duly sworn to by any such candidate, that 
 fraud was committed, or error or mistake was made, in counting or returning 
 the votes cast in any such precinct. The showing must be specific and from 
 it there must appear reasonable ground to believe that a recount of the bal- 
 lots would produce a result different from the returns made by the judges. 
 If such showing is made to the satisfaction of the board, thereupon the board 
 shall recount the ballots cast in any such precinct, as to all candidates, includ- 
 ing persons voted for for delegates and party committeemen, and make up 
 a new return which in all subsequent proceedings shall be substituted for the 
 returns of the judges of election for the precinct. The action of the board shall 
 be final and no other contest of any kind shall be permitted. If a recount of 
 the ballots of any precinct produces a result different from the returns of the 
 judges with respect to delegates or, party committeeman, the county auditor 
 shall make or correct his certified list thereof to the chairmen of the respective 
 party central committees for the county accordingly. The term "candidate" 
 as used in this section shall include and apply to persons voted for for dele- 
 gates and party committeeman. 
 
 Sec. 19. Canvass by board of supervisors — certificates. On Tuesday next 
 following the primary election in June, the board of supervisors shall meet, 
 open, and canvass the returns from each voting precinct in the county, and 
 make abstracts thereof, stating in words written at length the number of 
 ballots cast in the county by each political party, separately, for each office, the 
 name of each person voted for and the number of votes given to each person 
 for each different office and shall sign and certify thereto and file the same 
 with the county auditor. Such canvass and certificate shall be final as to all 
 candidates for nomination to any elective county office or office of a subdivision 
 of a county; and the candidate or candidates of each political party for each 
 office to be filled by the voters of any subdivision of a county having received 
 the highest number of votes shall be duly and legally nominated as the candi- 
 date of his party for such office; and the candidate or candidates of each 
 political party for each office to be filled by the voters of a county having re- 
 ceived the highest number of votes, and not less than thirty-five per centum of 
 all the votes cast by the party for such office, shall be duly and legally nomi- 
 nated as the candidate of his party for such office ; and each candidate so nom- 
 inated shall be entitled to have his name printed on the official ballot to be 
 voted for at the general election without other certificate, and the board shall 
 prepare and certify a list of the candidates of each party so nominated, sep- 
 arately, and deliver to the chairman of each party central committee for the 
 county a copy of the list of candidates nominated by the party he represents ; 
 and shall also prepare, certify and deliver to such chairman a list of the offices 
 to be filled by the voters of a county for which no candidate of his party was 
 nominated, together with the names of the candidates for each of such offices 
 
—10— 
 
 voted for at the primary election and the number of votes received by each of 
 such candidates. 
 
 Sec. 20. Abstracts forwarded to secretary of state. The county board of 
 canvassers shall also make a separate abstract of the canvass as to the follow- 
 ing offices and certify to the same and forthwith forward it to the secretary of 
 state, viz. : 
 
 United States senator, 
 
 Electors of the president and vice-president of the United States, 
 
 All state offices, 
 
 Representative in congress, 
 
 Senators and representatives in the general assembly. 
 
 Sec. 21, County returns filed. When the canvass is concluded, the board 
 shall deliver the original returns to the auditor, who shall file the same and 
 record each of the abstracts above mentioned in the election book. 
 
 Sec. 22. Canvass by state board — certificates. On the second Monday after 
 the June primary election, the executive council shall meet as a canvassing 
 board, and open and canvass the abstract returns received from each county in 
 the state. If returns are not received from all the counties, the secretary of 
 state shall immediately send a messenger after the abstract returns and the 
 board may adjourn from day to day until they are received. The board shall 
 make an abstract of its canvass, stating in words written at length, the number 
 of ballots cast by each political party, separately, for each office designated in 
 section twenty hereof, the names of all the persons voted for, and the number 
 of votes received by each person for each office, and shall sign and certify there- 
 to. Such canvass and certificates shall be final as to all candidates named 
 therein ; and the candidate of each political party for each office to be filled by 
 vote of the people, having received the highest number of votes in the state or 
 district of the state, as the case may be, provided he received not less than 
 thirty-five per centum of all the votes cast by the party for such office, shall be 
 duly and legally nominated as the candidate of his party for such office and 
 entitled to have his name printed on the official ballot to be voted at the gen- 
 eral election without other certificate ; and the board shall prepare and certify 
 a list of the candidates of each party so nominated, separately, and deliver to 
 the chairman of each party central committee for the state a copy of the list 
 of candidates nominated by the party he represents; and shall also forthwith 
 prepare a certificate as to each office, separately, for which no candidate was 
 nominated, together with the names of the several candidates for each of such 
 offices voted for at the primary election and the number of votes received by 
 each of such candidates and send such certificate to the chairman of the party 
 central committee for the state, in case of offices to be filled by the voters of 
 the entire state, and to the chairman of the party central committee for a dis- 
 trict of the state, if known, in case of offices to be filled by the voters of any 
 such district of the state composed of more than one county, and to the county 
 auditor of each county in any such district, and to the county auditor and 
 the chairman of the party central committee for the county, in case any such 
 district is composed of one county. 
 
 Sec. 23. State returns filed — nominations certified to county auditor. 
 When the canvass is concluded, the board shall deliver the original abstract 
 returns to the secretary of state, who shall file the same in his office and record 
 the abstracts of the canvass of the state board and certificates attached thereto 
 in the book kept by him known as the election book ; and not less than fifteen 
 days before the general election he shall certify to the auditor of each county, 
 under separate party headings, the name of each person nominated as shown 
 by the official canvass made Ijy the executive council, or as certified to him by 
 the proper persons when any person has been nominated by a convention, his 
 place of residence, the office to which he is nominated, and the order in which 
 
—li- 
 the tickets of the several political parties shall appear on the official ballot. 
 Should a vacancy in the nominations occur and be filled after such certificate 
 has been forwarded, a like certificate shall at once be made and sent to the 
 proper officer together with a statement showing the reason for its subsequent 
 issue. 
 
 Sec. 24. Tie vote — vacancies. In case of a tie vote resulting in no nomina- 
 tion for any office, or election of delegates or party committeeman, the tie shall 
 forthwith be determined by lot by the board of canvassers, or judges of elec- 
 tion, as the case may be. Vacancies occurring after the holding of any pri- 
 mary election occasioned by death, withdrawal or change of residence of any 
 candidate, or from any other cause, shall be filled by the party committee for 
 the county, district, or state, as j:he case may be, representing the party in 
 which the vacancy nomination occurs. 
 
 Sec. 25. County convention — delegates — committeemen. In each county 
 there shall be held in each year in which a general election in November is to 
 take place a county convention of each political party. Said county conven- 
 tion shall be composed of delegates elected at the last preceding primary elec- 
 tion, and shall be held on the third Saturday following the primary election, 
 convening at 11:00 o'clock a. m. The number of delegates from each voting 
 precinct shall be determined by a ratio adopted by the respective party county 
 central committees, and shall be thus determined and a statement designating 
 the number from each voting precinct in the county filed in the office of the 
 county auditor at least thirty days before the primary election ; if not so done, 
 the auditor shall fix the number. The requisite number of names of candidates 
 of his choice for delegates to the county convention to which each precinct is 
 entitled shall be written, or pasted with uniform white pasters, on the blank 
 lines upon the ballot by the voter while in the booth, or by some one designated 
 by a voter unable to write, after the ballots are received and before they are 
 deposited, and the requisite number of persons from each precinct who receive 
 the highest number of votes shall be the delegates from the precinct to the 
 county convention. One member of the county central committee for each 
 political party from each precinct shall be elected in the same manner in 
 which delegates are selected. His term of office shall begin on the day of the 
 county convention and immediately following the adjournment thereof and 
 shall continue for two years and until his successor is elected and qualified, 
 unless such committeeman shall be removed by the county central committee 
 for inattention to the duties of his position, incompetency or failure to support 
 the ticket nominated by the party which elected him to such position. Returns 
 shall be made by the judges of election respecting delegates and members of 
 the county central committee in the same manner as for other offices, except 
 that the judges of election shall canvass the returns as to delegates and mem- 
 bers of the county central committee, and certify the result to the auditor with 
 the returns. The auditor shall, immediately after such returns are filed, notify 
 the delegates and members of the county central committee who have thus 
 been elected, of their election, and of the time and place of holding the county 
 convention, and shall on the second Thursday following the primary election, 
 deliver a certified list thereof to the chairmen of the respective party central 
 committees for the county. When the delegates, or a majority thereof, thus 
 elected shall have assembled in the county convention at the time herein pre- 
 scribed and at the county seat the convention shall be called to order by the 
 chairman of the county central committee, who shall present the certified list 
 of delegates and members of the county central committee, and a list of the of- 
 fices for which no nomination was made at the primary election. If any pre- 
 cinct shall not be fully represented the delegates present from such precinct 
 shall cast the full vote thereof, but there shall be no proxies. The said coimty 
 convention shall make nominations of candidates for the party for any office 
 
—12— 
 
 to be filled by the voters of a county when no candidate for such olfice has 
 been nominated at the preceding primary election, as shown by the canvass of 
 the returns provided for in section 19 of this act, and shall nominate candidates 
 for the office of judge of the district court in counties comprising one judicial 
 district of the state, and shall select delegates to the next ensuing state and 
 district conventions of that year upon such ratio of representation as may be 
 determined by the party organization for the state, district or districts of the 
 state, as the case may be, but no delegates shall be so selected to any' of the 
 district conventions referred to in section 26 of this act, except judicial con- 
 ventions, unless a call therefor has been issued as therein provided. The said 
 county convention shall also elect a member of the party central committee for 
 the senatorial, judicial, and congressional districts composed of more than one 
 county. 
 
 Sec. 26. District convention. In any senatorial, judicial, or congressional 
 district composed of more than one county, in any year in which a senator in 
 the General Assembly, a judge of the district court, or a representative in the 
 congress of the United States, is to be elected, a senatorial or congressional 
 convention may be held, and a judicial convention shall be held by each politi- 
 cal party participating in the primary election of that year. Not less than ten 
 days and not more than sixty days before the day fixed for holding the county 
 convention a call for such senatorial, judicial and congressional convention 
 to be held shall be issued by the party central committee for any such district 
 and published in at least one newspaper of general circulation of each county 
 composing any such district and which call shall state among other things the 
 number of delegates each county of the district shall be entitled to and the 
 time and place of holding the convention. Any such call shall be signed by 
 the chairman of the party central committee for any such district, and be filed 
 by him with the county auditor not less than five days before the county con- 
 vention and the county auditor shall attach a true copy thereof to the certified 
 list of delegates required to be delivered by him to the chairmen of the respec- 
 tive party county central committees. In case no nomination was made in the 
 primary election for the office of senator in the General Assembly in any district 
 composed of more than one county, or for the office of representative in con- 
 gress of the United States, as shown by the certificate issued by the state board 
 of canvassers provided for in this act, then in any such district the chairman 
 of the party central committee therefor shall forthwith issue such call for a 
 convention in such district and deliver the same to the county auditor of each 
 county in the district and in such case said call need not be published. No 
 such district convention shall be held earlier than the first Thursday or later 
 than the fifth Thursday following the county convention. The convention when 
 organized shall make nominations of candidates for the party for any such dis- 
 trict office when no candidate for such office has been nominated at the preced- 
 ing primary election as shown by the canvass of the votes provided for in sec- 
 tion twenty-two hereof. The organization of and procedure in any such dis- 
 trict convention shall be the same as in the state convention. Such district 
 conventions may adopt party platforms and transact such other business as 
 may properly be brought before them. 
 
 Sec. 27. State convention — state central committee. A state convention 
 of each political party, composed of delegates chosen in the manner herein pro- 
 vided, shall be held not earlier than the third Thursday and not later than the 
 fifth Thursday following the primary election in the year nineteen hundred 
 eight, and biennially thereafter, convening at such time and place as may be 
 determined upon by the party organization. The convention shall be called to 
 order by the chairman of the state central committee, who shall thereupon 
 ^/resent the list of delegates, as certified by the various county conventions, 
 and effect a temporary organization. If any county shall not be fully repre- 
 
—13— 
 
 sented, the delegates present from such county shall cast the full vote thereof, 
 but there shall be no proxies. Such convention when permanently organized 
 shall formulate and adopt the state platform of the party it represents, and 
 shall make nominations of candidates for the party for any state office to be 
 filled by the voters of the entire state when no candidate for such office has 
 been nominated at the preceding primary election as shown by the canvass of 
 the returns provided for in section twenty-two hereof ; and shall nominate can- 
 didates for the office of judge of the supreme court. It shall also elect a state 
 central committee consisting of not less than one member from each congres- 
 sional district and transact such other business as may properly be brought 
 before it. The state central committee elected at said state convention may 
 organize at pleasure for political work as is usual and customary with such 
 committees and shall continue to act until succeeded by another committee duly 
 elected. 
 
 Sec. 28. Existing party committees. The regularly organized political 
 committees of each party as at present or hereafter constituted may continue 
 to act until supplanted by the committees elected under the provisions of this 
 act. 
 
 Sec. 29. Nomination by petition. Nothing contained in this act shall be 
 construed so as to prohibit nomination of candidates for office by petition as 
 now authorized by law ; but no person so nominated shall be permitted to use 
 the name of any political party authorized or entitled under this act to nomi- 
 nate a ticket by primary vote or that has nominated a ticket by primary vote 
 under the provisions of this act. 
 
 Sec. 30. Special elections. This act shall not apply to special elections to 
 fill vacancies. 
 
 Sec. 31. Misconduct of election officials — penalty. Any party committee- 
 man or any primary election or other public officer upon whom a duty is im- 
 posed by this act or by acts herein made applicable to primary elections, who 
 shall wilfully neglect to perform any such duty, or who shall wilfully perform 
 it in such a way as to hinder the objects thereof, or shall disclose to anyone, 
 except as may be ordered by any court of justice, the contents of any ballot 
 or any part thereof, as to the manner in which the same may have been voted, 
 shall be punished by a fine of not less than one hundred dollars nor more than 
 one thousand dollars^ or by imprisonment in the penitentiary not to exceed 
 five years, or by both such fine and imprisonment. 
 
 Sec. 32. Services for hire — penalty. Any person who shall agree to per- 
 form any services in the interest of any candidate in consideration of any 
 money or other valuable thing, or who shall accept any money or other valu- 
 able thing for such services performed in the interest of any candidate, or any 
 person paying or offering to pay or giving or offering to give money or other 
 valuable things for such services, shall be punished by a fine of not more than 
 three hundred dollars, or by imprisonment in the county jail not exceeding 
 ninety days. But nothing herein shall be construed to prohibit any person 
 from making contracts in good faith for the announcement of his candidacy 
 in the newspapers and for securing the names of voters required to file pre- 
 liminary nomination papers and the payment of any reasonable compensation 
 for such services. 
 
 Sec. 33. Bribery — illegal voting — penalty. Any person offering or giving 
 a bribe, either in money or other consideration, to any elector for the purpose 
 of influencing his vote at any primary election, or any elector entitled to vote 
 at such primary election receiving aijd accepting such bribe ; any person mak- 
 ing false answer to any of the provisions of this act relative to his qualifications 
 and party affiliations; any person wilfully voting or offering to vote at a pri- 
 mary election who has not been a resident of this state for six months next 
 preceding said primary election ; or who, at the primary election is not twen- 
 
—14— 
 
 ty-one years of age, or is not a citizen of the United States; or knowing him- 
 self not to be a qualified elector of such precinct where he offers to vote; or 
 any person violating any of the provisions of this act, or of any provisions of 
 the code as may be hereto applied, and any person knowingly procuring, aiding 
 or abetting such violation, shall be deemed guilty of a misdemeanor, and, upon 
 conviction, shall be fined not less than one hundred dollars nor more than five 
 hundred dollars, or be imprisoned in the county jail not less than thirty days 
 nor more than six months. 
 
 Sec. 34. Repealed. Chapter forty (40) of the laws of the Thirtieth Gen- 
 eral Assembly, relating to primary elections; and chapters forty -five (45) and 
 forty-six (46) of the laws of the Thirty-first General Assembly, relating to 
 primary elections, are hereby repealed. 
 
 Sec. 35. Primary elections in certain cities. The provisions of this act 
 shall, so far as applicable, govern the nominations of candidates by political 
 parties for all offices to be filled by a direct vote of the people in cities of the 
 first class and cities acting under a special charter having a population of over 
 fifteen thousand, except all such special charter cities and cities of the first 
 class as have by vote of the people adopted a plan of municipal government 
 which specifically provides for a non-partisan primary election. The duties 
 devolving upon the county auditor, by the foregoing provisions of this act, 
 shall, in municipal elections, devolve upon the city auditor and the duties de- 
 volving upon the board of supervisors by the foregoing provisions of this act, 
 devolve upon the city council which shall meet to perform said duties within 
 two days next following the primary election. The date of the municipal pri- 
 mary election shall be the last Monday in February of each year in which a 
 municipal election is held in said cities, after the year 1907, and the percentage 
 of voters signing petitions required for printing the name of a candidate upon 
 the official primary ballot shall bo the same as is required of a candidate for a 
 county office and shall be based upon the vote cast for mayor by the respective 
 parties in the preceding city election. The names of candidates for ward al- 
 dermen, for city precinct committeemen and for delegates to the city conven- 
 tion, shall not be printed upon the official primary ballot but in each case a 
 blank line or lines shall be provided therefor. A plurality shall nominate the 
 party candidate for alderman and a plurality shall elect the precinct commit- 
 teemen and delegates to the city convention. The entire expense of conducting 
 a primary election provided for in this section shall be audited by the city 
 council and paid by the city. This section shall not be held to repeal any law 
 which provides for the adoption of a plan of municipal government by vote of 
 the people and which embraces a non-partisan primary election. 
 
 Approved April 4, A. D. 1907. 
 
-15— 
 
 ELECTION EXPENSE LAW 
 
 Chapter 50, Acts of the Thirty-second General Assembly. 
 
 ELECTION EXPENSES. 
 
 H. P. 477. 
 
 AN ACT to amend title six (VI), chapter three (3) of the code, relating to elections. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 Section 1. Amended. That title six (6), chapter three (3) of the code 
 be and the same is hereby amended by adding the following sections thereto : 
 
 Sec. 2. Candidates to make sworn statement of election expenses — where 
 filed. Every candidate for any office to be voted for at any primary, muni- 
 cipal or general election shall, within ten days after the holding of such pri- 
 mary, municipal or general election, file a true, correct, detailed, sworn state- 
 ment showing each and all sums of money or other things of value disbursed, 
 expended or promised directly or indirectly by him, and to the best of his 
 knowledge and belief by any other person or persons in his behalf for the 
 purpose of aiding or securing his nomination or election. If the person be a 
 candidate for a municipal or a county office, such statement shall be filed with 
 the county auditor; if for a state office, or any other office to be voted for by 
 the electors of more than one county, such statement shall be filed with the 
 secretary of state. Such statement shall show the dates, amounts, and from 
 whom such sums of money or other things of value were received; and the 
 dates, amounts, purposes and to whom paid or disbursed, and shall include 
 the assessment of any person, committee, or organization in charge of the cam- 
 paign of such candidate. 
 
 Sec. 3. Testimony — immunity from prosecution. In prosecutions under 
 this act, no witness shall be excused from giving testimony on the ground that 
 his testimony would tend to render him criminally liable or expose him to 
 public ignominy, but any matter so elicited shall not be used against him, and 
 said witness shall not be prosecuted for any crime connected with or growing 
 out of the act on which the prosecution is based in the cause in which his 
 evidence is used for the state, under the provisions of this section. 
 
 Sec. 4. Statements by committee chairmen. The chairman of each party 
 central committee for the state, district or county, shall file a statement of re- 
 ceipts and expenditures within ten days after the general election. The chair- 
 men of state and district central committees shall file said statements with the 
 secretary of state; and the chairmen of county central committees, with 
 the county auditor. Such statements shall contain all the information re- 
 quired to be filed by candidates as set forth in section two (2) of this act, and 
 in addition thereto shall state the amounts or balances remaining on hand. 
 The person filing the same shall make oath that it is a full, true and correct 
 statement. 
 
 Sec. 5. Statements open to public inspection. The statements provided 
 for in this act shall be open at all times to the inspection of the public, and 
 remain on file and become a part of the permanent records in the office where 
 filed. 
 
 Sec. 6. Treating near the polls. It shall be the duty of the judges and 
 clerks of all municipal, general and primary elections to prohibit the placing, 
 keeping, and giving to the voters, by any person of any cigars, food or other 
 refreshments or treats, in or about the polling place. 
 
—16— 
 
 Sec. 7. Penalty. Any person violating any of the provisions of the last 
 five preceding sections shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not less than fifty dollars 
 ($50) nor more than three hundred dollars ($300), or by imprisonment in 
 the county jail not less than thirty (30) days nor more than six (6) months. 
 
 Approved April 13, A. D. 1907. 
 
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 50Tn-7,*16