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 IVIicrosoft Corporation 
 
 http://www.archive.org/details/electnorthdakoOOnortrich 
 
"OV 4 1914 
 
 \ 
 
 Election Laws 
 
 of the 
 
 STATE OF NORTH DAKOTA 
 
 INCLUDING 
 
 North Dakota State Constittj- 
 TioN AND Proposed Amend- 
 ments 
 Absent Voter Privilege Act 
 Calendar of Elections 
 Corrupt Practices Acts 
 Court Decisions Affecting 
 
 Elections 
 Directory of State Officials 
 General Election Laws 
 Non-Partisan Judiciary Elec- 
 tions 
 
 Non-Partisa?? School Officer 
 Election 
 
 Presidential Primary Election 
 
 Law 
 Primary Election Law 
 Publication Rates Law 
 Removal of Officers Law 
 U. S. Election Laws 
 U. S. Naturalization Laws 
 
 Legislative, Congressional and 
 Judicial Districts 
 
 w- 
 
 Published under Direction of 
 
 THOMAS HALL, 
 
 Secretary of State 
 
 Preserve for Reference 
 
 journal publishing CO. 
 
 Devils Lake, N. D. 
 
 state printers 
 
 1914 
 
ELECTION LAWS 
 
 OF THE 
 
 STATE OF NORTH DAKOTA 
 
 Including Calendar of Election Dates, Directory of 
 State Officials, Legislative, Congressional and Judi- 
 cial Districts, United States Election and Naturali- 
 zation Laws, North Dakota Constitution and Pro- 
 posed Amendments Thereto, Primary Election 
 Law, Presidential Preference Primary, Non- 
 Partisan Judiciary and School Officers 
 Acts, Corrupt Practices Acts, Publica- 
 tion Rates Act, Removal of Officers 
 Act, Absent Voter Privilege and 
 Important Court Decisions Af- 
 fecting Election Laws. 
 
 Published Under Direction 
 
 OF 
 
 THOMAS HALL, 
 Secretary of State. 
 
 Preserve for 'Reference 
 
 JOURNAL PUBLISHING CO. 
 
 Devils Lake, N. D. 
 
 state printers 
 
 1913 
 
3 
 
 
 
 *,'j c r,. » V/< • * «■• 
 
PREFACE. 
 
 The extensive changes, during the past four sessions of 
 the legislature, in the laws affecting elections, the rights 
 and privileges of voters and the powers and duties of the 
 election officers; the present inaccessability of the laws to 
 any but the lawyer and the trained professional man; the 
 constant demand for a statement, explanation and inter- 
 pretation of the laws by voter and election officer alike; and 
 the fact that the new codes, now in course of preparation, 
 will not be ready for distribution until after the coming 
 primary election, has necessitated this compilation of the 
 election laws of the state in a compact and comprehensive 
 form. Leading court decisions affecting the more import- 
 ant phases of the election laws and a chronological calendar 
 of election dates have been added for the guidance of the 
 voter. 
 
 Bismarck, North Dakota, January 1, 1914. 
 
 THOMAS HALL, 
 Secretary of State. 
 
 278738 
 

 OFFICIAL DIRECTORY. 
 
 STATE GOVERNMENT 
 
 EXECUTIVE DEPARTMENT. 
 Li. B. Hanna, Governor, Bismarck. 
 
 James W. Foley, Secretary to the Governor, Bismarck. 
 Clarence L. Ziegler, Stenographer, Bismarck. 
 
 A. T. Kraabel, Lieutenant Governor, Clifford. 
 
 DEPARTMENT OF JUSTICE. 
 State Supreme Court — 
 
 B. F. Spalding, Chief Justice, Fargo. 
 Chas. J. Fisk, Associate Justice, Bismarck. 
 E. T. Burke, Associate Justice, Bismarck. 
 E. B. Goss, Associate Justice, Bismarck. 
 Andrew A. Bruce, Associate Justice, Bismarck. 
 H. A. I..ibby, Reporter, Park River, 
 
 R. D. Hoskins, Clerk, Bismarck. 
 
 E. P. Wing, State Law Librarian, Bismarck. 
 
 Henry Newton, Stenographer, Bismarck. 
 
 DEPARTMENT OP STATE. 
 Thomas Hall, Secretary of State, Bismarck. 
 John Andrews, Deputy Secretary of State, Bismarck. 
 Albert N. Wold, Chief Clerk, Bismarck. 
 
 Eugene M. Walla, Motor Vehicle Registration Clerk, Jamestown. 
 Frank Wilder, Recording Clerk, Mandan. 
 Mabel W. Amiot, Stenographer, Bismarck. 
 Christine S. Laist, Stenographer, Bismarck. 
 Karl Peterson, Stenographer, Bismarck. 
 
 Taylor O. Thompson, Document Clerk, Minot. 
 Dena B. Anderson, Stenographer, Bismarck. 
 
 AUDITOR'S DEPARTMENT. 
 Carl O. Jorgenson, State Auditor, Milnor. 
 J. H. Nelson, Deputy State Auditor, Bismarck. 
 W. C. Edwards, Chief Clerk, Bismarck. 
 D. McPhee, Clerk, Bismarck. 
 Lyle Yegen, Clerk, Bismarck. 
 
 TREASURER'S DEPARTMENT. 
 Gunder Olson, State Treasurer, Bismarck. 
 T. H. Tharalson, Deputy, Bismarck. 
 Jorgen Howard, Clerk, Hillsboro. 
 Gilbert Gunderson, Clerk, Rugby. 
 Mary Brosnahan, Stenographer, Bismarck. 
 
 INSURANCE DEPARTMENT. 
 Walter C. Taylor, Commissioner, Bismarck. 
 W. D. Austin, Deputy, Bismarck. 
 Dora Michelson. Chief Clerk, Bismarck. 
 . Leila Diesem, Clerk, Bismarck. 
 Mary H. Clark, Stenographer, Bismarck. 
 
 HAIL DEPARTMENT. 
 
 Thos. Sheehan, Deputy Hail Insurance Commissioner, Bismarck. 
 Mary Hancock, Stenographer, Bismarck. 
 
 FIRE MARSHAL DEPARTMENT. 
 
 A. H. Runge, Fire Marshal, Bismarck. 
 
 H. L. Reade, Deputy Fire Marshal, Bismarck. 
 
 LEGAL DEPARTMENT. 
 Andrew Miller, Attorney General, Bismarck. 
 Alfred Zuger, Assistant, Bismarck. 
 John Carmody, Assistant, Bismarck. 
 
 B. F. Tillotson, Clerk, Bismarck. 
 Elizabeth Murphy, Stenographer, Bismarck. 
 
ET.EgxrON LAWS 
 
 DEPARTMENT OF PUBLIC INSTRUCTION. 
 
 E. J. Taylor, Superintendent of Public Instruction, Bismarck. 
 
 W. E. Parsons, Deputy, Bismarck. 
 
 William Moore, Clerk, Bismarck. 
 
 Alice Olson, Clerk, Bismarck. 
 
 Olive Proctor, Stenographer, Bismarck. 
 
 DEPARTMENT OF AGRICULTURE AND LABOR. 
 
 W. C. Gilbreath, Commissioner, Bismarck. 
 
 Wellington Irysh, Deputy, Bismarck. 
 
 Geo. McPherson, Chief Clerk, Bismarck. 
 
 R. F. Flint, Dairy Commissioner, Bismarck. 
 
 E. H. Pierce, Assistant Dairy Commissioner, Bismarck. 
 
 E. A. Greenwood, Assistant Dairy Commissioner, Bismarck. 
 
 R. C. Jackson, U. S. Scientific Dairyman. Grafton. 
 
 E. S. Neal, Immigration Commissioner, Bismarck. 
 R. H. Thistlethwaite, Clerk, Bismarck. 
 
 Clara E. Stevens, Stenographer, Bismarck. 
 Margaret Brown, Stenographer, Bismarck. 
 May Swift, Stenographer, Bismarck. 
 
 COMMISSIONERS OF RAILROADS. 
 
 W. H. Stutsman, President, Mandan. 
 
 0. P. N. Anderson, Starkweather. 
 W. H. Mann, New Salem. 
 
 W. F. Gushing, Secretary, Bismarck. 
 
 H. R. Clough, Clerk, Bismarck. 
 
 C. H. Olson, Stenographer, Bismarck. 
 
 LAND DEPARTMENT. 
 
 Board of University and School Lands — Governor, Secretary of State, 
 Superintendent of Public Instruction, Attorney General, State Auditor. 
 Frank S. Henry, Commissioner, Bismarck. 
 H. L. Simmons, Deputy, Bismarck. 
 
 Walter E. Sellens, Mortgage and Bond Clerk, Bismarck. 
 Gilbert Haugen, Lease Clerk, Bismarck. 
 Lindley H. Patten, Clerk, Bismarck. 
 C. B. Heinemeyer, Clerk, Bismarck. 
 Lydia Keithahn, Stenographer, Bismarck. 
 Alice Holland, Stenographer, Bismarck. 
 
 DEPARTMENT OF STATE EXAMINER. 
 
 S. G. Severtson, State Examiner, Bismarck. 
 G. J. Johnson, Chief Deputy, Bismarck. 
 .E. A. Thorberg, Deputy, Mandan. 
 K. C. Nelson, Deputy, Dakota. 
 C. E. Forrest, Deputy, Bismarck. 
 
 1. E. Hansen, Deputy, Jamestown. 
 P. E. Halldorsen, Deputy, Bismarck. 
 R. D. Beery, Deputy, Mott. 
 
 Chas. E. Markley, Deputy, Pleasant Lake. 
 
 A. Johannsen, Deputy, Minot. 
 
 B. J. Schoregge, Deputy, Williston. 
 
 STATE TAX COMMISSION. 
 
 Luther E. Birdzell, Chairman, term expires May 1, 1915. 
 Frank E. Packard, term expires May 1, 1917. 
 George E. Wallace, term expires May 1, 1919. 
 
 C. R. Kositzky, Secretary, Bismarck. 
 ^Vm. V. Kiebert, Chief Clerk, Bismarck. 
 L. A. Baker, Field Agent, Bismarck. 
 Fanny Slattery, Stenographer, Bismarck. 
 Odessa Williams, Stenographer, Bismarck. 
 
 BOARD OF CONTROL, STATE INSTITUTIONS. 
 (Penal and Charitable.) 
 
 R. S. Lewis, Chairman, Fargo, N. D., term expires March 1, 1915. 
 
 F. O. Brewster, Harvey, N. D., term expires March 1, 1915. 
 J. W. Jackson, Williston, N. D., term expires March 1, 1915. 
 Ernest G. Wanner, Secretary, Valley City, N. D. 
 
 Fred J. Grady, Ctiief Clerk, St. John, N. D. 
 Address of Board, Bismarck. 
 
STATE OF NORTH DAKOTA 
 
 STATE PENAL AND CHARITABLE INSTITUTIONS AND 
 EXECUTIVE HEADS. 
 
 State Penitentiary, Bismarck — F. S. Talcott, Warden. 
 
 State Institution for Feeble Minded, Grafton — A. R. T. Wylie, Super- 
 intendent. 
 
 State Hospital for Insane, Jamestown — W. M. Hotchkiss, Superin- 
 tendent. 
 
 State Blind Asylum, Bathgate — B. P. Chappie, Superintendent. 
 
 Reform School, Mandan — J. W. Brown, Superintendent. 
 
 School for the Deaf, Devils Lake — J. W. Blattner, Superintendent. 
 Tuberculosis Sanitarium, Dunselth, Dr. J. G. Lament, Superintendent. 
 
 NORTH DAKOTA STATE PUBLIC LIBRARY COMMISSION. 
 
 Members Appointed by the Governor : 
 
 A. E. Sheets, Lakota, President. Term expires March 10, 1915. 
 
 Mrs. Clara L. Darrow, Fargo. Term expires April 1, 1919. 
 Members Ex-Officio: 
 
 0. G. Llbby, Grand Forks. Secretary State Historical Society. 
 
 E. J. Taylor, Bismarck St,ate Superintendent of Public Instruction. 
 R. A. Nestos," Mlnot, President State Library Association. 
 
 Staff: 
 
 Mrs. Minnie Clarke Budlong, Bismarck, Secretary of Commission and 
 Director of Library Extension. 
 
 1. A. Acker, Bismarck, Legislative Reference Librarian. 
 
 Florence MacPhee, Bismarck, Chief Traveling Library Department. 
 Haldora Peterson, Bismarck, Stenographer, 
 Elsie Smith, Bismarck, Clerk. 
 
 STATE ENGINEER'S DEPARTMENT 
 
 J. W. Bliss. State Engineer. 
 Ruby Schuman, Stenographer. 
 
 MILITARY DEPARTMENT. 
 
 I. A. Berg, Adjutant General, Grand Forks. 
 
 Major R. R. Steedman, U. S. A. Retired, Military Secretary, Bismarck. 
 Lieut. F. H. Turner, Inspector-Instructor, Bismarck. 
 William F. Harris, Chief Clerk, Bismarck. 
 Colonels and Aids-de-camp: 
 Gilbert W. Davis, Fargo. 
 
 C. E. Batchellor, Fingal. 
 
 D. Lemieux, Dunselth. 
 Henry Hale, Devils Lake. 
 Oscar Knudson, Grand Forks. 
 Alex. Scarlett. Mlnot. 
 
 STATE HISTORICAL SOCIETY. 
 Officers of Society. 
 
 Hon. Chas. F. Amldon, Fargo, President. 
 
 C. B. Little, Bismarck, Vice President. 
 
 J. L. Cashel, Grafton, Treasurer. 
 
 O. G. Llbby, Grand Forks, Secretary. 
 
 H. C. Fish, Curator, Bismarck. 
 
 Elina Thorstelnson, Librarian, Bismarck. 
 
 Directors. 
 
 J. L. Bell, Bismarck, term expires March 31, 1917. 
 W. H. Mann, New Salem, term expires March 31, 1915. 
 Chas. J. Flsk, Bismarck, term expires March 31, 1917. 
 John M. Gillette, Grand Forks, term expires March 31, 1917. 
 W. B. Overson, Willlston, term expires March 31, 1917. 
 N. G. Larimore, Larimore, term expires March 31, 1915. 
 H. J. Hagen, Abercrombie, term expires March 31, 1917. 
 Dr. J. D. Taylor, Grand Forks, term expires March 31, 1917. 
 L. F. Crawford, Sentinel Butte, term expires March 31, 1915. 
 
 F. A. Wardwell, Pembina, term expires March 31, 1917. 
 W. H. White, Fargo, term expires March 31, 1917. 
 Svelnbjorn Johnson, Cavalier, term expires March 31, 1917. 
 Ex-offlcio Directors — Governor, Auditor, Secretary of State, Superin- 
 tendent of Public Instruction, Commissioner of Agriculture and Labor. 
 
 STATE CAPITOL. 
 Capitol Building — Jacob Rieder, superintendent, Bismarck. 
 
ELECTION LAWS 
 
 TRUSTEES STATE UNIVERSITY, GRAND FORKS. 
 
 N. C. Young, Fargo, term expires first Tuesday in April, 1917. 
 W. H. Hutchinson, LaMoure, term expires first Tuesday in April, 1915. 
 Karl J. Farup, Park River, term expires first Tuesday in April, 1917, 
 Tracy R. Bangs, Grand Forks, term expires first Tuesday In April, 
 
 1915. 
 Fred L. Goodman, Grand Forks, term expires first Tuesday In April, 
 
 1917. 
 
 TRUSTEES AGRICULTURAL COLLEGE, FARGO. 
 
 C. E. Nugent, Resident, Fargo, term expires 1915. 
 George H. Hollister, Fargo, term expires 1U15. 
 Clark W. Kelly, Devils Lake, term expires 1915. 
 Peter Elliott, Fargo, term expires 1915. 
 
 Alex Stern, Fargo, term expires 1917. 
 Eugene Weigel, Hebron, term expires 1917. 
 J. Fred Jensen, Westhope, term expires 1917. 
 W. A. Yoder, Secretary. 
 Fred Irish, Treasurer. 
 
 TRUSTEES ACADEMY OF SCIENCE, WAHPETON. 
 
 John J. Zentgraf, Wahpeton, term expires first Tuesday in April, 1915. 
 Chas. Quinn, Wahpeton, term expires first Tuesday in April, 1915. 
 John B. Wagner, Lidgerwood, term expires first Tuesday in April, 
 
 1915. 
 W. E. Clark, Tower City, term expires first Tuesday in April, 1917. 
 R. S. Miller, Gackle, term expires first Tuesday in April, 1917. 
 
 TRUSTEES INDUSTRIAL SCHOOL, ELLENDALE. 
 
 H. H. Perry, Ellendale, term expires third Monday In February, 1915. 
 Richard McCarten, Cogswell, term expires third Monday in February, 
 
 1915. 
 Fred S. Goddard, Ellendale, term expires third Monday in February, 
 
 1917. 
 
 D. E. Geer, Ellendale, term expires third Monday in February, 1917. 
 Chester R. Hodge, Jamestown, term expires third Monday in February, 
 
 1915. 
 
 DIRECTORS SCHOOL OF FORESTRY, BOTTINEAU. 
 
 . Frank Peltier, Rolette, term expires first Tuesday in April, 1915. 
 A. R. McKay, Bottineau, term expires first Tuesday in April, 1915. 
 S. W. Wheelon, Towner, term expires first Tuesday in April, 1917. 
 
 STATE NORMAL BOARD OF CONTROL. 
 
 H. A. Nelson, Nesson, term expires March 14, 1915. 
 
 F. A. Wilson, Bathgate, term expires March 14, 1915. 
 
 Hugh MacDonald, Valley City, term expires March 14, 1915. 
 
 R. N. Rishworth, McClusky, term expires first Tuesday In April, 1917. 
 
 J. M. Devlne, Minot, term expires first Tuesday in April, 1917. 
 
 M. L. Elken, Mayville, term expires first Tuesday in April, 1917. 
 
 E. J. Taylor, Superintendent of Public Instruction, ex-officio. 
 
 STATE BOARD OF EDUCATION. 
 
 E. J. Taylor, Superintendent of Public Instruction, Bismarck, Presi- 
 dent, ex-officio. 
 
 F. L. McVey, President State University, Grand Forks, ex-ofl[icio. 
 J. H. Worst, President Agricultural College, Fargo, ex-officio. 
 Richard Heyward, High School Inspector, Grand Forks, ex-officio. 
 N. C. Macdonald, Rural School Inspector, Valley City, ex-officio. 
 
 T. A. Hillyer, President State Normal School, Mayville, term expires 
 April 6, 1915. 
 
 F. E. Smith, President State Science School, Wahpeton, term expires 
 April 6, 1915. 
 
 Miss Mamie Sorenson, County Superintendent, Cando, term expires 
 April 6, 1915. 
 
 L. F. Crawford, Sentinel Butte, term expires April 6, 1915. 
 
 W. E. Parson, Deputy Superintendent of Public Instruction, ex-ofliclo. 
 Secretary to the Board. 
 
STATE OF NORTH DAKOTA 
 
 STATE AGRICULTURAL. AND TRAINING SCHOOL. BOARD. 
 
 President of the Agricultural College. 
 
 State Superintendent of Public Instruction. 
 
 H. U. Thomas, Oberon, term expires March 3, 1915. 
 
 J. H. Matthews, Larimore, term expires March 8, 1914. 
 
 Gilbert Erickson, Lankin, term expires March 3, 1916. 
 
 DIRECTORS AGRICULTURAL EXPERIMENT STATIONS 
 
 All experiment stations under the direction of Agricultural Colleffe. 
 Superintendents appointed by same. Sub-stations located at Dickin«on, 
 Williston, Langdon, Edgley and Hettinger. 
 
 Dickinson, L. R, Waldron, superintendent. 
 
 Williston, E. G. Schollander, superintendent. 
 
 Langdon, E. D. Stewart, superintendent. 
 
 Edgeley, O. A. Thompson, superintendent. 
 Hettinger, W. R. Lanxon, superintendent. 
 
 FARMERS' INSTITUTE BOARD OF DIRECTORS. 
 
 J. H. Shepperd, Fargo ; C. E. Nugent, Fargo ; J. H. Worst, Fargo ; G. 
 L. Martin, Fargo ; W. C. Gilbreath, Bismarck. 
 
 EDUCATIONAL DIRECTORY. 
 
 University of North Dakota, Grand Forks ; established 1883 ; opened 
 1884 ; Franklin McVey, president. 
 
 Agricultural College, Fargo; established 1890; opened 1890; John H. 
 Worst, president. 
 
 Normal School Valley City; established 1890; opened 1893; George 
 A. McFarland, president. 
 
 Normal School, Mayville ; established 1890; opened 1893; Thomas A. 
 Hillyer, president. 
 
 Normal School, Minot; established 1913; opened 1913; A. G. Crane, 
 President. 
 
 State Industrial School, Ellendale ; established 1890; opened 1899; 
 Willis E. Johnson, president. 
 
 Academy of Science, Wahpeton ; established 1890 ; opened 1890 ; Fred. 
 E. Smith, President. 
 
 School of Forestry, Bottineau; W. J. Alexander, president. 
 
 School Inspection: R. Hey ward. High School Inspector, Grand Forks; 
 N. C. Macdonald, Rural, Graded and Consolidated School Inspector, Valley 
 City. 
 
 Board of University and School Lands — All members ex-offlcio — 
 President, L. B. Hanna, governor ; vice-president, Thos. Hall, secretary 
 of state ; secretary, E. J. Taylor, superintendent of public instruction ; 
 Carl O. Jorgenson, state auditor; Andrew Miller, Attorney General. 
 
 TRUSTEES SOLDIERS' HOME, LISBON. 
 
 Alexander Hay, Wahpeton, term expires March 10, 1917. 
 
 D. F. Siegfried, Fargo, term expires March 14, 1915. 
 Myron T. Davis, Lisbon, term expires March 14, 1916. 
 
 * James Cassidy, Lisbon, term expires March 19, 1917, (*to fill vacancy 
 caused by death of Hon. C. W. Buttz.) 
 
 G. B. Vallandigham, Valley City, Commander of the State G. A. R., 
 ex-officlo. 
 
 STATE GAME AND FISH BOARD OF CONTROL. 
 
 Charles Brewer, Secretary, Fargo, term expires April 1, 1917. 
 W. E. Byerly, Velva, term expires July 1, 1915. 
 J. P. Reeve, Beach, term expires April 1, 1917. 
 
 E. B. McCutcheon, Minot, Game Warden, District No. 1. 
 W. F. Reko, Mandan, Game Warden, District No. 2. 
 
 STATE FISH COMMISSIONER. 
 R. W. Main, St. John, term expires July 15, 1915. 
 
 NORTH DAKOTA CONSERVATION COMMISSION 
 
 L. B. Hanna, Governor. 
 
 A. G. Leonard, Ph. D., State Geologist. Grand Forks. 
 
 Jay W. Bliss, State Engineer. 
 
 • Vacancy. 
 
 Vacancy. 
 
10 
 
 ELECTION LAWS 
 
 STATE BOARD OF MEDICAL EXAMINERS. 
 H. G. Woutat, Grand Forks, term expires August 1, 1915. 
 A. G. Patterson, Lisbon, term expires August 1, 1913. 
 A. W Skelsey, Fargo, term expires August 1, 1913. 
 Francis Peake, Jamestown, term expires August 1, 1913. 
 Geo. M. Williamson, Grand Forks, term expires August 1, 1913. 
 Paul Sorkness, Fargo, term expires August 1, 1914. 
 A. J. McCannel, Minot, term expires August 1, 1914. 
 J. E. Countryman, Grafton, term expires August 1, 1914. 
 
 F. G. Benn, Kulm, term expires August 1, 1915. 
 
 STATE BOARD OF HEALTH. 
 
 Andrew Miller, president ex-officio, Bismarck. 
 
 Dr. A. M. Call, Rugby, vice-president, term expires first Tuesday tn 
 
 April, 1915. 
 Dr. C. J. McGurren, Devils Lake, Secretary, term expires first Tuesday 
 
 in April, 1915. 
 
 BOARD OF BAR EXAMINERS 
 
 Emerson H. Smith, Chairman, Fargo, term expires February 18, 1915. 
 JefE M. Meyers, Grafton, term expires February 18, 1917. 
 H. A. Bronson, Grand Forks, term expires February 18, 1919. 
 R. D. Hoskins, Clerk Supreme Court, Bismarck, ex-officio secretary and 
 
 treasurer. 
 
 For time and place of meeting, address the secretary. 
 
 BAR ASSOCIATION OF NORTH DAKOTA. 
 
 A. G. Divet, Wahpeton, president. 
 
 John Knauf, Jamestown, vice president. 
 
 W. H. Stutsman, Mandan, secretary and treasurer. 
 
 STATE BOARD OF OSTEOPATHIC EXAMINERS. 
 Joseph W. Tarr, Lidgerwood, term expires July 1, 1916. 
 R. A. Bolton, Jamestown, term expires Nov. 9, 1914. 
 Geo. E. Hodge, Grand Forks, term expires, May. 6, 1915. 
 
 STATE BOARD OP PHARMACY. 
 
 Walter Master, Willow City, term expires March 22, 1918. 
 
 W. P. Porterfield, Fargo, term expires September 17, 1917. 
 
 H. L. Haussaman, Grafton, term expires August 12, 1918. 
 
 W. S. Parker, Secretary, Lisbon, term expires September 22, 1914. 
 
 Burt Finney, Bismarck, term expires April 5, 1916. 
 
 STATE BOARD OP DENTAL EXAMINERS. 
 
 L. L. Eckman, Grand Forks, term expires April 26, 1914. 
 
 G. A. Rawlings. Bismarck, term expires March 11, 1915 . 
 F. A. Bricker, Fargo, term expires March 27, 1916. 
 
 W. E. Hocking, Devils Lake, term expires April 22, 1917. 
 F. W. Rose, Cooperstown, term expires May 27, 1918. 
 
 OPTOMETRY BOARD. 
 
 Thomas Porte, Grand Forks, term expires April 22, 1916. 
 R. B. Newton, Fargo, term expires April 22, 1916. 
 . A. G. Tellner, Jamestown, term expires April 22, 1916. 
 C. G. Conyne, Mandan, term expires April 22, 1916. 
 Louis Hanson, Devils Lake, term expires April 22, 1916. 
 
 STATE BOARD OP BARBER EXAMINERS. 
 
 A. N. Eckler, Minot, term expires November 9, 1913. 
 John C. Dolan, Bismarck, term expires November 9, 1913. 
 Edward Richardson, Devils Lake, term expires November 9, 1913. 
 
 STATE BOARD OF EMBALMERS. 
 
 W. M. Chandler, Grafton, term expires May 27, 1917. 
 Chas. J. Weagent, Minot, term expires January 31, 1915. 
 Porter W. Eddy, Jamestown, term expires January 31, 1915. 
 
 STATE BOARD OP VETERINARY MEDICAL EXAMINERS. 
 
 A. T. Elliott, Milton, term expires July 1, 1915. 
 
 C. H. Babcock, Secretary, New Rockford, term expires May 21, 1916. 
 
 Frank H. Parmer, Wahpeton, term expires May 20, 1914. 
 
STATE OF NORTH DAKOTA 11 
 
 LIVE STOCK SANITARY BOARD. 
 
 Dr. E. J. Walsh, President, Minot, term expires April 1, 1915. 
 Andrew Veitch, Vice President, Grand Forks, term expires April 1, 
 
 1917. 
 W. L. Richards, Secretary, Dickinson, term expires April 1, 1916. 
 Dr. J. W. Robinson, Garrison, term expires April 1, 1914. 
 T. B. Dawson, LaMoure, term expires April 1, 1912. 
 
 Dr. "VV. F. Crewe, Executive Officer and State Veterinarian, Bismarck. 
 Dr. L. Van Es, Bacteriologist, -Agricultural College. 
 Helen McGillis, Clerk, Bismarck. 
 
 STALLION REGISTRATION BOARD. 
 
 Professor of animal husbandry of the Agricultural College, ex-offlcio 
 secretary and executive officer ; professor of veterinary science of Agri- 
 cultural College ; commissioner of agriculture and labor ; president state 
 live stock sanitary board ; president North Dakota live stock association. 
 
 STATE OIL INSPECTOR 
 T. W. Jackman, Fargo, term expires April 1, 1915. 
 
 DEPUTIES 
 
 R. J. Hughes, Wahpeton. 
 
 E. M. Jones, Hankinson. 
 
 J. B. Little, Mott. 
 
 Geo. Hill, Ardoch. 
 
 John Bishof, Zeeland. 
 
 J. M. Kellogg, Oakes. 
 
 Geo. N. Keniston, Hettinger. 
 
 C. C. Williams, Ellendale. 
 
 C. W. Leathart, Fairmount. 
 
 A. W. Crary, Minot. 
 
 M. W. Day, Grand Forks. 
 
 Carl Holzer, Fargo. 
 
 S. E. Ellingson, Havana. 
 
 J. R. Waters, Beach. 
 
 PANAMA PACIFIC EXPOSITION COMMISSION. 
 Governor. 
 
 Commissioner of Agriculture and j-<abor. 
 A. Hilliard, Dickinson. 
 P. J. McClory Devils Lake. 
 Axel Egeland, Bisbee. 
 E. F. Gilbert, Casselton. 
 John E. Paulson, Hillsboro. 
 
 NORWAY CENTENNIAL COMMISSION. 
 C. W. Plain, Milton. 
 H. H. Steele, Mohall. 
 A. A. Stenejhem, Arnegard. 
 A. J. Kookeide, Churchs Ferry. 
 Nels Lunneborg, Milnor. 
 Alfred Gabrielson, Manager, Fargo. 
 
 TRUSTEES TEACHER'S INSURANCE AND RETIREMENT FUND. 
 
 E. J. Taylor, State Superintendent. 
 
 Gunder Olson State Treasurer, Ex-Offlcio. 
 
 Clara Struble, Grand Forks, term expires, July 1, 1914. 
 
 P. S. Berg, Dickinson, term expires, July 1, 1915. 
 
 J, A, Haig, Devils Lake, term expires, July 1, 1916, 
 
 WHITE STONE HILL COMMISSION. 
 
 J. B. Taylor, Ellendale, term expires, July 1, 1915. 
 J. C. Wilson, Merricourt, term expires, July 1, 1915. 
 Lee Northrop, Merricourt, term expires, July 1, 1915. 
 
 PROBATE CODE COMPILATION COMMISSION. 
 
 A. ,G. Hanson, Fargo, term expires March 14. 1915. 
 
 Geo. E. Wallace, Wahpeton, term expires March 14, 1915. 
 
 Charles Ego, Lisbon, term expires March 14, 1915. 
 
12 ELECTION LAWS 
 
 STATE BOARD OF CANVASSERS. 
 Primary Elections. 
 
 R. D. Hoskins, Clerk of Supreme Court. 
 
 Thomas Hall, Secretary of State. 
 
 E. J. Taylor, Superintendent of Public Instruction. 
 
 Chairman Republican State Central Committee. 
 
 Chairman Democratic State Central Committee. 
 
 Meets on the first Tuesday in September following- a primary election. 
 For a Presidential Primary meets first Tuesday in May, following such 
 election. 
 
 STATE BOARD OF CANVASSERS. 
 Gkneral Elections. 
 
 Thomas Hall, Secretary of State. 
 
 Carl O. Jorgenson, State Auditor. 
 
 Gunder Olson, State Treasurer. 
 
 Andrew Miller, Attorney General. 
 
 E. J. Taylor, Superintendent of Public Instruction. 
 
 When a member of the board is a candidate for office as to which 
 votes are to be canvassed by him, the governor is required to designate 
 some other state officer to act in his stead. 
 
 Meets on the second Tuesday in December, next after a general elec- 
 tion and within forty days after a special election. 
 
 STATE BOARD OF EQUALIZATION. 
 
 L. B. Hanna, Governor. 
 
 Carl O. Jorgenson, State Auditor. 
 
 Gunder Olson, State Treasurer. 
 
 Andrew Miller, Attorney General. 
 
 W. C. Gilbreath, Commissioner of Agriculture and Labor.. 
 
 Sessions of board begin on first Tuesday in August each year. 
 
 STATE EMERGENCY COMMISSION. 
 
 L. B. Hanna, Governor. 
 Thomas Hall, Secretary of State. 
 Carl O. Jorgenson, State Auditor. 
 
 STATE BOARD OF PARDONS. 
 
 L. B. Hanna, Governor, ex-officio. 
 
 B. F. Spalding, Chief Justice, ex-offlcio. 
 
 Andrew Miller, Attorney General, ex-officio. 
 
 E. Smith Petersen, Park River, term expires May 6, 1915. 
 
 Emil Scow, Bowman, term expires May 6 ,1915. 
 
 BOARD OF EXPERTS, INDETERMINATE SENTENCE. 
 Warden, physician and chaplain of penitentiary and W. P. Macomber, 
 Wilton. 
 
 STATE AUDITING BOARD. 
 
 L. B. Hanna, Governor. 
 Carl O. Jorgenson, State Auditor. 
 Andrew Miller, Attorney General. 
 Thomas Hall, Secretary of State. 
 Gunder Olson, State Treasurer. 
 
 STATE BOARD OF AUDITORS. 
 
 Thomas Hall, Secretary of State. 
 Carl O. Jorgenson, State Auditor. 
 Andrew Miller, Attorney General. 
 
 STATE BANKING BOARD. 
 
 L. B. Hanna, Governor. 
 
 Thomas Hall, Secretary of State. 
 
 Andrew Miller, Attorney General. 
 
 S. G. Severton, State Examiner, secretary ex-officio. 
 
 BOARD OF TRUSTEES OF PUBLIC PROPERTY. 
 
 L. B. Hanna, Governor. 
 
 Thomas Hall, Secretary of State. 
 
 Carl O. Jorgenson, State Auditor. 
 
STATE OF NORTH DAKOTA 13 
 
 COMMISSIONERS OF PUBLIC PRINTING. 
 
 Thomas Hall, Secretary of State. 
 Carl O. Jorgenson, State Auditor. 
 Gunder Olson, State Treasurer. 
 Taylor O. Thompson,. Secretary, 
 
 HOTEL INSPECTOR. 
 
 W. B. Woolsey, Grand Porks, term expires first Monday in January, 
 1915. 
 
 PURE FOOD COMMISSIONER. 
 ♦ E. F. Ladd, Fargo. 
 
 HUMANE OFFICER. 
 Rev. S. A. Danford, Bismarck. 
 
 U. S. WEATHER BUREAU. 
 O. W. Roberts, director, Bismarck, N. D. 
 
 OFFICIAL ESTRAY PAPER. 
 Sentinel, Warwick. 
 
 DISTRICT JUDGES AND OFFICIALS 
 
 First District— Charles M. Cooley, Judge, Grand Forks; A. F. Madi- 
 son, Stenographer, Grand Forks. 
 
 Second District— C. W. Buttz, Judge, Devils Lake; Stenographer, 
 (vacancy.) 
 
 Third District— Chas. A. Pollock, Judge, Fargo; Wm. C. Green, 
 Stenographer, Fargo. 
 
 Fourth District— Frank P. Allen, Judge, Lisbon; Walter L. Divet, 
 Stenographer, Lisbon. 
 
 Fifth District— J. A. CofCey, Judge, Courtenay; R. G. McFarland, 
 Stenographer, Jamestown. 
 
 Sixth District — W. L. Nuessle, Judge, Washburn; C. C. Wattam, 
 Stenographer, Washburn. 
 
 Seventh District — W. J. Kneeshaw, Judge, Pembina; Laura Dauben- 
 berg. Stenographer, Grafton. 
 
 Eighth District— K. E. Leighton, Judge, Minot; John C. Lowe, Steno- 
 grapher, Minot. 
 
 Ninth District— A. G. Burr, Judge, Rugby; Harold B. Nelson, Steno- 
 grapher, Rugby. 
 
 Tenth District— W. C. Crawford, Judge, Dickinson; R. V. Boulger, 
 Stenographer, Dickinson. 
 
 Eleventh District — Frank E. Fisk, Judge, Williston; E. E. Hanyen, 
 Stenographer, Williston. 
 
 Twelfth District — Samuel L. Nuchols, Judge, Mandan; L. C. Brod- 
 erick, Stenographer, Mandan. 
 
 FEDERAL OFFICIALS. 
 
 United States Circuit Judge — Walter H. Sanborn, St. Paul, Minn. 
 Elmer B. Adams, St. Louis, Mo. ; Walter I. Smith, Council Bluffs, Iowa ; 
 William C. Hook, Leavenworth, Kansas. 
 
 United States District Judge — Charles F. Amidon, Fargo, N. D. 
 
 United States Marshal — James F. Shea, Fargo, N. D. 
 
 United States Attorney — Edward Engerud, Fargo, N. D. 
 
 Assistant United States Attorney — T. H. McEnroe, Fargo, N. D. 
 
 Clerk United States Circuit and District Courts — J. A. Montgomery, 
 Fargo, N. D. 
 
 Deputy Clerks — Miss E. R. Steele, Fargo, N. D. ; R. D. Hosklns, 
 Bismarck, N. D. ; H. N. Hamilton, Grand Forks, N. D. ; D. G. Duell, 
 Devils Lake, N. D. ; R. E. Hopkins, Minot, N. D 
 
 Deputy Collectors of Internal Revenue — H. Ellerman, Aberdeen, S. D. ; 
 Geo. H. Piercy, Jamestown ; G. H. Merrlfield, Grand Forks, N. D. 
 
 National Bank Examiner — C. H. Auheier, Fargo, N. D. 
 
 Collector of Customs — J. LaMoure, Jr., Pembina, N. D. 
 
 Deputy U. S. Marshals — G. J. Stout, Chief Deputy, Fargo, N. D. ; S. 
 B. Hochman, Fargo, N. D. ; Clark W. Haggart, Fargo, N. D. ; Jas. A. 
 Shea, Fargo. N. D. 
 
14 ELECTION LAWS 
 
 CONGRESSIONAL. 
 
 United States Senators — Porter J. McCumber, "Wahpeton, N. D. ; term 
 expires March 3, 1917; A. J. Gronna, Lakota, N. D., term expires March 
 3, 1915. 
 
 Representatives In Congress — 1st District, H. T. Helgeson, Milton ; 
 2nd District, George M. Young, Valley City; 3rd District, P. D. Norton, 
 Hettinger. 
 
 REFEREES IN BANKRUPTCY. 
 
 John L. Lewis, Minot, October 10, 1911. 
 Emerson H. Smith, Fargo, November 2, 1911. 
 Theodore Elton, Grand Forks, October 15, 1912. 
 
 TERMS OF SUPREME AND U. S. COURTS. 
 
 Supreme Court — April term, first Tuesday In April at Bismarck ; 
 October term, first Tuesday in October at Bismarck. 
 
 United States Court — At Bismarck, first Tuesday in March ; Devils 
 Lake, first Tuesday in July ; Fargo, third Tuesday in May ; Grand Forks, 
 second Tuesday In November ; Minot, second Tuesday In October. 
 
 UNITED STATES LAND OFFICERS 
 
 Bismarck — R. N. Stevens, Register; Chas. T. Staley, Receiver. 
 Devils Lake — John S. McClory, Register; F. W. Cockburn, Receiver. 
 Dickinson — J. G. Quinlivan, Register; William A. McClure, Receiver. 
 Minot — Thomas E. Olsgard, Register; Victor E. Corbett, Receiver. 
 ■Wllliston — Thomas B. Murphy, Register; Minor S. Williams, Receiver. 
 
 UNITED STATES COMMISSIONERS, DISTRICT OF NORTH DAKOTA. 
 
 Alexander, McKenzie County — Robert Norheim, appointed April 5, 
 
 1910. 
 Ashley, Mcintosh County — Hugo P. Remington, appointed September 
 
 25, 1910. 
 Almont, Morton County — G. Harold Anderson, appointed April 17, 
 
 1911. 
 Anamoose, McHenry County — Clinton Cottingham, appointed October 
 
 15. 1912. 
 Amidon, Billings County — T. M. Agnew, appointed January 28, 1913. 
 Bismarck, Burleigh County — M. J. McKenzie, appointed June 5, 1911. 
 Beach, Billings County — R. M. Andrews, appointed September 8, 1909. 
 Beach, Billings County — J. A. Miller, appointed November 21, 1910. 
 Broncho, Mercer County — L. B. Hardy, appointed December 16, 1912. 
 Bottineau, Bottineau County — John H. Kirk, appointed February 6, 
 
 1913. 
 Belfield, Stark County — Delbert Hughes, appointed February 11, 1913. 
 Charlson, McKenzie County — T. E. Charlston, appointed April 30, 1913. 
 Center, Oliver County — H. H. Kenyon, appointed April 1, 1910. 
 Center, Oliver County — Victor R. Boerner, appointed July 9, 1910. 
 Cartwrlght, McKenzie County — Henry E. Johnson, appointed April 11, 
 
 1910. 
 Crosby, Divide County — ^W. H. Ware, appointed August 1, 1910. 
 Dickinson, Stark County-r-W. R. Everett, appointed February 19, 1912. 
 Devils Lake, Ramsey County — George Juergens, appointed January 8, 
 
 1912. 
 Driscoll, Burleigh County — Edwin C. Ruble, appointed September 25, 
 
 1911. 
 Dogden, McLean County — R. E. Person, appointed October 23, 1911. 
 Ellendale, Dickey County — H. H. Perry, appointed November 14, 1910. 
 Elgin, Morton County — F. G. Boettecher, appointed April 27, 1911. 
 Emerson, Dunn County — ^Victor Haughton, appointed January 29, 
 
 1913. 
 Fargo, Cass County — J. A. Montgomery, (Extradition Cases), appoint- 
 ed December 27, 1909. 
 
 Fargo, Cass County — A. W. Cupler, appointed April 21, 1911. 
 Flasher, Morton County — H. H. Thomas, appointed March 2, 1911. 
 Fort Yates, Morton County — John Edward Reeder, appointed August 
 
 3, 19iy. • 
 
 Grand Forks, Grand Forks County — Geo. R. Robbins, appointed April 
 
 29, 1911. 
 Garrison, McLean County — ^J. F. Casey, appointed October 21, 1910. 
 
STATE OF NORTH DAKOTA 15 
 
 Gascoyne, Bowman County — F. W. Pitsor, appointed December 10, 
 
 1912. 
 Hettingrer, Adams County — Jacob Sonderall, appointed April 27, 1911. 
 Hettinger, Adams County — E. C. Thomas, appointed June 12, 1911. 
 Halliday, Dunn County — Chas. H. Wade, appointed February 3, 1911. 
 Hebron, Morton County — H. E. Hag-erman, appointed August 29, 1912. 
 Jamestown, Stutsman County — Fred G. Kneeland, appointed June 5, 
 
 1911. 
 Kasmer, Mercer County — Robert M. Stroup, appointed November 13, 
 
 1911. 
 Krem, Mercer County — C. N. Janzen, appointed April 21, 1911. 
 Langdon, Cavalier County — Joseph Cleary, appointed June 5, 1911. 
 Dakota, Nelson County — W. C. Fairbanks, appointed December 22, 
 
 1911. 
 Linton, Emmons County — H. C. Lynn, appointed December 31, 1912. 
 Marmarth, Billings County — James H. Cramer, appointed September 
 
 13, 1912. 
 Manning, Dunn County — J. A. Palmer, appointed October 9, 1909. 
 Manning, Dunn County — Wm. P. Owens, appointed February 5, 1912. 
 Mott, Hettinger County — V. H. Crane, appointed September 11, 1909. 
 McCluskey, Sheridan County — Frank I. Temple, appointed March 20, 
 
 1913. 
 Minot, Ward County — R. E. Hopkins , appointed September 26, 1910. 
 Max, McLean County — H. R. Freitag, appointed January 11, 1912. 
 Mohall, Renville County — Percy S. Crewe, appointed September 26, 
 
 1911. 
 Mandan, Morton County — E. R. Lanterman, appointed January 8, 
 
 1912. 
 Makoti, Ward County — E. H. Johnson, appointed April 20, 1912. 
 Mott, Hettinger County — R. E. McCain, appointed December 20, 1912. 
 Napoleon, Logan County — Geo. A, Bryant, appointed May 30, 1910. 
 New England, Hettinger County — Charles Simon, appointed March 
 
 24, 1910. 
 New Leipzig, Morton County — M. C. Rausch, appointed May 16, 1912. 
 Pembina, Pembina County — E. W. Conmy, appointed November 14, 
 
 1910. 
 Plaza, Ward County — O. M. Heath, appointed June 10, 1910. 
 Rolla, Rolette County — G. F. Galloway, appointed May 9, 1911. 
 Rugby, Pierce County — Seldon Crockett, appointed November 27, 1909. 
 Ryder, Ward County — H. C. Miller, appointed May 19, 1910. 
 Raleigh, Morton County — John P. Bartel, appointed January 28, 1911. 
 Regent, Hettinger County — Frank L. Schnebly, appointed October 12, 
 
 1910. 
 Richardton, Stark County — E. Mottershead, appointed November 2, 
 
 1911. 
 Rhame, Bowman County — R. D. Shaw, appointed April 20, 1912. 
 Ryder, Ward County — David Larin, appointed January 8, 1913. 
 Sykeston, Wells County — A. G. Covel, appointed April 14, 1910. 
 Schaefer, McKenzie County — G. L. Gullickson, appointed March 25, 
 
 1910. 
 Schaefer, McKenzie County — N. F. Snyder, appointed August 12, 1910. 
 Stowers, Adams County — H. L. Simmons, appointed March 4, 1912. 
 Shields, Morton County — C. J. Klahn, appointed March 23, 1911. 
 Stanton, Mercer County — C. F. Schwelgert, appointed May 22, 1911. 
 Stanley, Mountrail County — R. W. Schulenberg, appointed July 14, 
 
 1911. 
 Stady, Williams County — F. B. Ellsworth, appointed July 5, 1912. 
 Steele, Kidder County — Rees L. Phelps, appointed December 13, 1912. 
 Scranton, Bowman County — Pennington, W. A., appointed February 
 
 11, 1913. 
 Tagus, Ward County — M. C. Egan, appointed January 23, 1911. 
 Valley City, Barnes County — C. A. Zabel, appointed October 5, 1911. 
 Washburn, McLean County — Jas. T. McCullock, appointed June 12, 
 
 1911. 
 
16 ELECTION LAWS 
 
 ELECTION CALENDAR, 1914 
 
 March 7 — Last day for township clerk to give and post notice of annual 
 township meeting and election. 
 
 March 17 — Annual township meeting and election. 
 
 March 17 — Last day for filing of nominating petitions for municipal officers 
 in commission governed and other municipalities. 
 
 March 26 — First day primary election petitions for state wide primary 
 may be signed. 
 
 March 27 — Last day for city auditor in commission governed city to give 
 notice of city election. 
 
 March 27 — Last day for city council in other than commission governed 
 municipalities to give notice of city election. 
 
 April 1 — First day on which Secretary of State may notify county audi: 
 tors of what officers to be nominated. 
 
 April 1 — First day on which assessor may commence to make party reg- 
 istration of voters. The assessor is given until May 25 to complete 
 the registration. 
 
 April 6 — Annual election for city officers. Biennial election in commis- 
 sion governed cities. 
 
 April 25 — First day on which candidates for the following offices may 
 present their petitions to the Secretary of State for filing: United 
 States Senator, Member of Congress, state officers and judges of the 
 supreme and district courts. 
 
 May 1 — Last day of period in which the Secretary of State must notify 
 county auditors of what officers to be nominated. 
 
 May 5 — Last day on which candidate for nomination at state wide pri- 
 mary may file data for publication in the publicity pamphlet with the 
 Secretary of State. 
 
 May 15 — First day on which candidates for nomination for county and dis- 
 trict offices may file their petitions with the county auditor. 
 
 May 15 — Last day on which Secretary of State may edit and prepare copy 
 for the publicity pamphlet. 
 
 May 24 — First day of first week in which county auditor must commence 
 publication of notice of state wide primary election. 
 
 May 25— Last day on which assessor may file party registration lists with 
 county auditor. 
 
 May 25 — Last day on which candidates for nomination for the following 
 offices may file their petitions with the Secretary of State: United 
 States Senator, Member of Congress, state officers and judges of the 
 supreme and district courts. 
 
 May 25 — Last day on which candidates for nomination for the following 
 offices may file their petitions with the County Auditor: County and 
 legislative. Petitions must be filed before 4 p. m. 
 
 May 25 — Last day on which county auditor may deliver list of voters 
 with postoffice addresses to the Secretary of State. 
 
 May 26 — First day on which petitions to fill vacancy on the primary elec- 
 tion ballot may be filed. 
 
 May 30 — Last day on which Secretary of State may transmit to the county 
 auditors, certified lists of nominations filed in his office. 
 
STATE OF NORTH DAKOTA 17 
 
 May 30 — Last day on which petition to fill vacancy on the primary elec- 
 tion ballot may be filed. 
 
 June 4 — Last day for completion of and delivery to Secretary of State of 
 publicity pamphlet by printer. 
 
 Jgne 4 — Last day for mailing out of publicity pamphlet by Secretary of 
 State. 
 
 June 19 — Last day for printing of election ballots for state wide primary. 
 
 June 19 — Last day for the transmission of tinted ballots to inspectors of 
 elections in the different precincts. 
 
 June 23 — Twenty-four hours before opening of polls. Last hour for de- 
 livery of ballots, copy of registration lists and other election supplies 
 to inspectors by county auditor. 
 
 June 24 — Primary election day. Candidates for the following offices are 
 nominated: United States Senator, Members of Congress, state offi- 
 cers, members of the supreme and district courts, district and county 
 officers, members of the legislative assembly and county commis- 
 sioners. Polls open at 8 a. m. and remain open continuously until 5 
 p. m., unless otherwise provided for, 
 
 July 1 — First day on which Secretary of State may issue notice to county 
 auditor of all state officers whose terms expire between the first Mon- 
 day in December and first Monday in January next succeeding gen- 
 eral election and specifying what offices are to be filled in the various 
 counties. Period within which such notice may be issued expires on 
 September 1. 
 
 July 2 — County canvassing board to meet at county seat at 10 a. m., to 
 canvass primary election returns. 
 
 July 9 — Last day on which candidates for nomination at the primary 
 election may file their itemized statements of election expenses with 
 the Secretary of State and the county auditors. 
 
 July 15 — County committees of each party meet at the county seat at 2 
 p. m. 
 
 July 24 — Last day on which clerk of primary election precinct may file 
 list of voters with the registration board. 
 
 August 4 — Last day on which county auditor may certify abstract of 
 votes to the Secretary of State. 
 
 September 1 — State canvassing board convenes in the office of the Secre- 
 tary of State to canvass primary election returns. 
 
 September 2 — State central committees of each party convene at the 
 State Capitol. 
 
 September 29 — First day of period within which Secretary of State shall 
 certify to county auditors the names and addresses of the nominees. 
 
 October 4 — Last day on which nominee may decline nomination. 
 
 October 4 — First day of first week in which county auditor must cause 
 notice of general election to be published. 
 
 October 4 — Last day for filing of certificate of nomination with the Secre- 
 tary of State. 
 
 October 4 — Last day of period within which the Secretary of State shall 
 certify to county auditor the names and addresses of the nominees. 
 
 October 9 — Last day for filing certificates of nomination with the county 
 auditor. 
 
 October 14 — Last day for posting of general election notices by sheriff, 
 coroner, or agent of county auditor in counties where there are no 
 newspapers published. 
 
 October 25 — Last day for commencing publication of certificates of nom- 
 ination by county auditor. 
 
18 ELECTION LAWS 
 
 October 29 — Last day for printing of general election pamphlet. 
 
 October 29 — Last day for transmission by county auditor of tinted general 
 
 election ballots to the inspectors in the different precincts. 
 November 2 — Twenty-four hours before the opening of the polls the last 
 
 hour for the delivery by county auditor to inspectors of election of 
 
 general election ballots and other election supplies. 
 November 3 — General election day. Following officers to be elected: 
 
 United States Senator, members of Congress, members of supreme 
 
 and district courts, state officers, county and district members of 
 
 legislative assembly and county commissioners. Polls open at 8 a. m. 
 
 and close at 5 p. m., except where otherwise provided. 
 November 6 — Last day for delivery of statement of election returns to 
 
 county auditor by inspectors of elections. 
 November 18 — Last day on which candidates at general election may file 
 
 itemized statement of election and campaign expenses with county 
 
 auditor or Secretary of State. 
 November 18 — :County canvassing board convenes to canvass election 
 
 returns. 
 December 1 — Last day on which county auditor may transmit abstract 
 
 of votes to the Secretary of State. 
 December 8 — State canvassing board convenes in office of the Secretary 
 
 of State. Governor's election proclamation to be issued within ten 
 
 days after completion of canvass. 
 
 1916 
 
 Presidential Election Year — State wide election of delegates to national 
 convention takes place on the third Tuesday in March. 
 
STATE OF NORTH DAKOTA 18a 
 
 LEGISLATIVE DISTRICTS. 
 
 § 1. Number of district.] Until otherwise provided by 
 law under the terms of the Constitution, the legislative as- 
 sembly of the state of North Dakota shall until the end of 
 1914 consist of fifty senators and one hundred and twelve 
 representatives, and shall thereafter consist of forty-nine 
 senators and one hundred and thirteen representatives, 
 and the senatorial and representative districts of the state 
 shall be formed, and the senators and representatives be 
 apportioned as follows: 
 
 (1) The eastern part of the county of Pembina, now 
 constituting the first legislative district, shall be added to 
 and become a part of the second legislative district, and the 
 said second legislative district is hereby renumbered and 
 shall hereafter be and become known as the First Legisla- 
 tive District, and the term of the senator from the district 
 so enlarged and renumbered shall continue for the period 
 for which he was elected as senator of the second legislative 
 district, and the said first legislative district shall in Novem- 
 ber, 1914, elect his successor for a term of but two years, 
 and the said district consisting of the county of Pembina 
 shall be entitled to one senator and three representatives. 
 
 (2) The second district shall consist of the city of Ken- 
 mare and that portion of Ward county situated and being 
 in townships 154, 155 and 156 of ranges 85, 86 and 87; town- 
 ship 157 of ranges 84, 85, 86 and 87; township 158 of range 
 87; townships 159 and 160 of ranges 87, 88 and 89; and 
 township 161 of range 88, and shall be entitled to one sen- 
 ator and one representative. 
 
 (3) The third district shall consist of the townships of 
 Perth, Latona, Adams, Silvesta, Cleveland, Norton, Vesta, 
 Tiber, Medford, Vernon, Golden, Lampton, Eden, Rushford, 
 Kensington, Dundee, Ops, Prairie Centre, Fertile, City of 
 Park River, village of Edinburg, village of Conway, village 
 of Hopple, village of Pisek, village of Adams, Fairdale, 
 Glenwood, Kinloss, Shepherd, Sauter and Dewey, in the 
 county of Walsh, and be entitled to one senator and two 
 representatives. 
 
18b ELECTION LAWS 
 
 (4) The fourth district shall consist of the townships of 
 Forest River, village of Forest River, Walsh Centre, Graf- 
 ton, city of Grafton, Farmington, Ardock, village of Ardock, 
 Harriston, Oakwood, Martin, Walshville, Pulaski, Acton, 
 city of Minto and St. Andrews, in the county of Walsh, and 
 be entitled to one senator and one representative. 
 
 (5) The fifth district shall consist of the townships of 
 Gilby, Johnstown, Strabane, Wheatfield, Hegton, Arvilla, 
 Avon, Northwood, city of Northwood, Lind, Grace, Lari- 
 more, city of Larimore, Elm, Grove, Agnes, Inkster, city of 
 Inkster, Elkmount, Plymouth, Niagara, Moraine, Logan 
 Centre and Loretta, in the county of Grand Forks, and be 
 entitled to one senator and one representative. 
 
 (6) The sixth district shall consist of the third, fourth, 
 fifth and sixth wards of the city of Grand Forks, as now 
 constituted, and the townships of Faulkner, Harvey, Turtle 
 River, Ferry, Rye, Rlooming, Mekinock, Lakeville and Le- 
 vant, in the county of Grand Forks, and be entitled to one 
 senator and one representative. 
 
 (7) The seventh district shall consist of the first, secon 1 
 and seventh wards of the city of Grand Forks, as now con- 
 stituted, and the townships of Grand Forks, Rrenna, Oak- 
 ville, Chester, Pleasant View, Fairfield, Allendale, Walle, 
 Bentru, Americus, Michigan, Union, Washington, and the 
 first and second wards of the city of Reynolds, in the county 
 of Grand Forks, and be entitled to one senator and one 
 representative. 
 
 (8) The eighth district shall consist of the county of 
 Traill, and be entitled to one senator and three represen- 
 tatives. 
 
 (9) The ninth district shall consist of the township of 
 Fargo and the city of Fargo, in the county of Cass, and the 
 fractional township number one hundred and thirty-nine, 
 range forty-eight, and be entitled to one senator and three 
 representatives. 
 
 (10) The tenth district shall consist of the townships of 
 Noble, Wiser, Harwood, Reed, Barnes, Stanley, Pleasant, 
 Kenyon, Gardner, Berlin, Raymond, Mapleton, village of 
 Mapleton, Warren, Normania, Bell, Harmony, Durbin, 
 Addison, Davenport, village of Davenport, Casselton, and 
 the city of Casselton, in the county of Cass, and be entitled 
 to one senator and two representatives. 
 
 (11) The eleventh district shall consist of the townships 
 of Gunkle, Rush River, Hunter, Arthur, Amenia, Everest, 
 
STATE OF NORTH DAKOTA 18c 
 
 Maple River, Leonard, Dows, Erie, Empire, Wheatland, 
 Gill, Walburg, Watson, Page, Rich, Ayr, Buffalo, the village 
 of Buffalo, Hov^es, Eldred, Highland, Rochester, Lake, Cor- 
 nell, Tower, Hill, Clifton and Pontias, in the county of 
 Cass, and be entitled to one senator and two representa- 
 tives. 
 
 (12) The twelfth district shall consist of the townships 
 of Eagle, Abercrombie, village of Abercrombie, Dwight, 
 Ibsen, Centre, Mooreton, Bradenburg, village of Great 
 Bend, Summit, Fairmount, village of Fairmont, Devillo, 
 Lamars, Waldo, Greendale, and the city of Wahpeton, in 
 the county of Richland, and be entitled to one senator and 
 two representatives. 
 
 (13) The thirteenth district shall consist of the county 
 of Sargent, and be entitled to one senator and two repre- 
 sentatives. 
 
 (14) The fourteenth district shall consist of the county 
 of Ransom, and be entitled to one senator and two repre- 
 sentatives. 
 
 (15) The fifteenth district shall consist of the townships 
 of Baldwin, Dazey, Laketown, Pierce, Uxbridge, Edna, Rog- 
 ers, Grand Prairie, Minnie Lake, Anderson, Hobart, Potter, 
 village of Dazey, village of Wimbledon, village of Sanborn, 
 city of Valley City, township one hundred forty-three, range 
 fifty-six; townships one hundred forty- three, range fifty- 
 eight; township one hundred forty- two, range fifty-eight; 
 township one hundred forty-one, range fifty-eight; town- 
 ship one hundred forty-one, range fifty-nine; township one 
 hundred forty-one, range sixty-one; and township one hun- 
 dred forty, range fifty-eight, in the county of Barnes, and 
 shall be entitled to one senator and one representative. 
 
 (16) The sixteenth district shall consist of the counties 
 of Steele and Griggs, and be entitled to one senator and 
 three representatives. 
 
 (17) The seventeenth district shall consist of the county 
 of Nelson, and be entitled to one senator and two represen- 
 tatives. 
 
 (18) The eighteenth district shall until the end of 1914 
 consist of the townships of Cypress, Byron, Lynden, Dres- 
 den, Langdon, city of Langdon, South Dresden, Grey, 
 Glenila, Huron, Moscow, Waterloo, Elgin, Perry, Billings, 
 Nekoma, Storlie, Banner, Trier, Gordon, Henderson, Ne- 
 koma village, Sievert, Sarles village, Bruce and Minto, in 
 the county of Cavalier, and shall be entitled to one senator 
 
18d ELECTION LAWS 
 
 and one representative, and thereafter the district shall 
 consist of all of the county of Gavaler, including that por- 
 tion comprised within and in this act numbered as the fif- 
 tieth district, and shall then be entitled to and shall in No- 
 vember, 1914, elect one senator and three representatives. 
 
 (19) The nineteenth district shall consist of the county 
 of Rolette, and be entitled to one senator and two repre- 
 sentatives. 
 
 (20) The twentieth district shall consist of the county 
 of Benson and be entitled to one senator and two represen- 
 tatives. 
 
 (21) The twenty-first district shall consist of the county 
 of Ramsey, and be entitled to one senator and three repre- 
 sentatives. 
 
 (22) The twenty-second district shall consist of the 
 county of Towner, and be entitled to one senator and two 
 representatives. 
 
 (23) The twenty-third district shall consist of the county 
 of Stutsman, and shall be entitled to one senator and four 
 representatives. 
 
 (24) The twenty-fourth district shall consist of the 
 county of LaMoure, and shall be entitled to one senator and 
 two representatives. 
 
 (25) The twenty-fifth district shall consist of the county 
 of Dickey, and be entitled to one senator and two repre- 
 sentatives. 
 
 (26) The twenty-sixth district shall consist of the coun 
 ties of Emmons and Kidder, and be entitled to one senator 
 and four representatives. 
 
 (27) The twenty-seventh district shall consist of the 
 county of Burleigh, and be entitled to one senator and three 
 representatives. 
 
 (28) The twenty-eighth district shall consist of the 
 county of Bottineau, and shall be entitled to one senator 
 ^nd four representatives. 
 
 (29) The twenty-ninth district shall consist of the city 
 of Minot and that portion of Ward county situated and b ■• 
 ing in townships 151, 152 and 153 of ranges 81, 82, 83, 84, 85, 
 86 and 87; townships 154, 155 and 156 of ranges 82, 83 and 
 84, and township 157 of ranges 81, 82 and 83, and shall bii 
 entitled to one senator and four representatives. 
 
 (30) The thirtieth district shall consist of the city of Man- 
 dan and all of that portion of the county of Morton situated 
 
STATE OF NORTH DAKOTA 18e 
 
 and being in township 130 of ranges 85 and 86; townshio 
 131 of ranges 84, 85 and 86; township 132, ranges 83, 84, 65 
 and 86; township 133 of ranges 82, 83, 84, 85 and 86; town- 
 ship 134 of ranges, 79, 80, 81, 82, 83, 84, 85 and 86; town- 
 ships 135 and 136 of ranges 79, 80, 81, 82, 83, 84 and 85; 
 township 137 of ranges 79, 80, 81, 82 and 83; township 138 of 
 ranges 80, 81, 82 and 83; townships 139 and 140 of ranges 
 81, 82 and 83, and be entitled to one senator and three rep- 
 resentatives. 
 
 (31) The thirty-first district shall consist of the county 
 of Stark, and be entitled to one senator and three represen- 
 tatives. 
 
 (32) The thirty-second district shall consist of the coun- 
 ties of Eddy and Foster, and be entitled to one senator and 
 two representatives. 
 
 (33) The thirty-third district shall consist of the county 
 of Wells, and be entitled to one senator and two represen- 
 tatives. 
 
 (34) The thirty-fourth district shall consist of the town- 
 ships 155, 156, 157 and 158, north of range 75 west, and also 
 townships 155, 156, 157, 158 and 159, north of ranges 76, 77, 
 78, 79 and 80, in the county of McHenry, and be entitled to 
 one senator and one representative. 
 
 (35) The thirty-fifth district shall consist of the county 
 of Sheridan, and be entitled to one senator and one repre- 
 sentative. 
 
 (36) The thirty-sixth district shall consist of the coun- 
 ties of Mcintosh and Logan, and shall be entitled to > ope 
 senator and three representatives. > hnu 
 
 (37) The thirty-seventh district shall consist of the 
 townships of Walcott, Colfax, Barrie, Helendale, Sheyenne, 
 Viking, Garburg, Freeman, West End, Homestead, Grafton, 
 Antelope, Danton, Garfield, Dexter, Wyndmere, village of 
 Wyndmere, Belford, Liberty, Brightwood, town of Hankin- 
 son, Elma, Durr, city of Lidgerwood, Moran and Grant, in 
 the county of Richland, and be entitled to one senator and 
 two representatives. r j-q^ \ 
 
 (38) The thirty-eighth district shall consist of the town- 
 ships of Weimer, Noltimeir, Alta, Oriska, Springvale, Cuba, 
 Green, Herman, Mansfield, Meadowlake, Svea, Scandia, 
 Norman, Binghampton, Raritan, Thordenskjold, Oakville, 
 Spring Creek, Rosebud, Greenland, village of Li tphville, vil- 
 lage of Nome, township one hundred forty, range sixty-one; 
 township one hundred thirty-nine, rang^ fifty-eight; and 
 
18f ELECTION LAWS 
 
 township one hundred thirty-eight, range fifty-eight, in the 
 county of Barnes, and be entitled to one senator and one 
 representative. 
 
 (39) The thirty-ninth district shall consist of the coun- 
 ties of Billings and Bowman (including the counties of 
 Slope and Golden Valley if created from the territory of 
 Billings county), and shall be entitled to one senator and 
 three representatives. 
 
 (40) The fortieth district shall consist of the counties of 
 Burke and Divide, and be entitled to one senator and threes 
 representatives. 
 
 (41) The forty-first district shall consist of the counties 
 of Williams and McKenzie, and shall be entitled to one sen- 
 ator and five representatives. 
 
 (42) The forty-second district shall consist of the county 
 of Pierce, and shall be entitled to one senator and two rep- 
 resentatives. 
 
 (43) The forty-third district shall consist of the county 
 of Benville, and shall be entitled to one senator and one 
 representative. 
 
 (44) The forty-fourth district shall consist of the county 
 of Mountrail, and shall be entitled to one senator and two 
 representatives. 
 
 (45) The forty-fifth district shall consist of townships 
 151, 152, 153 and 154, north of range 75, 76, 78, 79 and 80 in 
 the county of McHenry, and shall be entitled to one senator 
 and one representative. 
 
 (46) The forty-sixth district shall consist of the counties; 
 of McLean and Stevenson (if created from the territory of 
 McLean county), and shall be entitled to one senator and 
 three representatives. 
 
 (47) The forty-seventh district shall consist of that por- 
 tion of Morton county situated and being in townships 130, 
 131 and 132 of ranges 87, 88, 89 and 90; townships 133 and 
 134 of ranges 87, 88, 89 and 90; townships 135 and 136 of 
 ranges 86, 87, 88, 89 and 90; townships 137, 138, 139 and 140 
 of ranges 84, 85, 86, 87, 88, 89 and 90, and shall be entitled 
 to one senator and two representatives. 
 
 (48) The forty-eighth district shall consist of the coun- 
 ties of Mercer, Oliver and Dunn, and be entitled to one sen- 
 ator and three representatives. 
 
STATE OF NORTH DAKOTA 18g 
 
 (49) The forty-ninth district shall consist of the coun- 
 ties of Adams and Hettinger, and be entitled to one senatoi* 
 and two representatives. 
 
 (50) The fiftieth district, consisting of the townships of 
 Hope, Freemont, Olga, Loam, Hay, Harvey, Manilla, Easby, 
 Alma, East Alma, Montrose, Oxford, Mount Carmel, village 
 of Milton, and Osnabrock village, in the county of Cavalier, 
 is hereby re-numbered and shall hereafter be known as thd 
 Fiftieth District, and shall until the end of 1914 be entitled 
 to one senator and one representative, and the term of the 
 senator elected for the district so re-numbered shall con- 
 tinue until the end of 1914, and with the expiration of 1914 
 the said Fiftieth District shall cease to exist and the terri- 
 tory comprised in this district shall be added to and be- 
 come a part of the eighteenth legislative district, which will 
 then include all of the county of Cavalier. [1911, ch. 256.] 
 
STATE OF NORTH DAKOTA 19 
 
 CONGRESSIONAL DISTRICTS. 
 
 (Chapter 100, 1911 Session Laws.) 
 
 § 1. The State of North Dakota is hereby divided into 
 three Congressional districts, each of which is entitled to 
 elect one representative to the Congress of the United 
 States. 
 
 § 2. First district defined.] The counties of Pembina, 
 Cavalier, Towner, Ramsey, Walsh, Nelson, Grand Forks, 
 Steele, Traill, Cass, Ransom, Sargent and Richland shaU 
 constitute the First Congressional district. 
 
 § 3. Second district defined.] The counties of Botti- 
 neau, Rolette, McHenry, Pierce, Benson, Sheridan, Wells, 
 Eddy, Foster, Griggs, Stutsman, Barnes, Kidder, Burleigh, 
 Emmons, Logan, Mcintosh, LaMoure and Dickey shall con- 
 stitute the Second Congressional district. 
 
 § 4. Third district defined.] The counties of Divide, 
 Burke, Renville, Ward, Mountrail, Williams, McKenzie, 
 McLean, Dunn, Mercer, Oliver, Billings, Stark, Morton, 
 Hettinger, Bowman and Adams shall constitute the Thircf 
 Congressional district. 
 
20 
 
 ELECTION LAWS 
 
 JUDICIAL DISTRICTS. 
 
 Jud. 
 Dist. 
 
 County 
 
 Terms of the District Court 
 
 10 
 
 Adams 
 
 1st Tues. April, 3rd Tues. Oct. 
 
 5 
 
 Barnes 
 
 1st Mon. Jan., 1st Mon. June. 
 
 2 
 
 Benson 
 
 1st Mon. June, 2nd Mon. Dec. 
 
 10 
 
 Billings 
 
 1st Tues. Jan., 1st Tues. June. 
 
 9 
 
 Bottineau 
 
 2d M. Feb., 3d M. Sept. Nov. 4th M. Apr. June. 
 
 10 
 
 Bowman 
 
 3rd Tues. June, 2nd Tues. Nov. 
 
 8 
 
 Burke 
 
 1th Mon. Oct., 1st Mon. July, 2nd Mon. Jan. 
 
 6 
 
 Burleigh 
 
 Bd Tu. Feb., 2d Tus. May Dec, 1st Tu. Sept. 
 
 3 
 
 Cass 
 
 -\pril 23, Sept. 3, Nov. 5, 1913, Jan. 7, 1914. 
 
 7 
 
 Cavalier 
 
 1st Tues. Dec. and March 2nd Tues. June, Sept. 
 
 4 
 
 Dickey 
 
 1st Tues. March and Oct. 
 
 8 
 
 Divide 
 
 1th Mon. Sept. 2nd Mon. June, 3rd Mon. Jan. 
 
 10 
 
 Dunn 
 
 ^s Court shall direct. 
 
 2 
 
 Eddy 
 
 3rd Mon. May, 2nd Mon, Oct. 
 
 6 
 
 Emmons 
 
 1st Tues. Feb. and Oct. 
 
 5 
 
 Foster 
 
 1st Mon. May, 2nd Mon. Oct. 
 
 10 
 
 Golden Valley.... 
 
 3rd Tues. Jan., 2nd Tues. July. 
 
 1 
 
 Grand Forks 
 
 1st Tues. each month except Aug. and Sept. 
 
 5 
 
 Griggs 
 
 2nd Mon. May, 2nd Mon. Nov. 
 
 10 
 
 Hettinger 
 
 2nd Tues. Feb. 1st Tues. Oct. 
 
 6 
 
 Kidder 
 
 2nd Tues. Jan., 3rd Tues. June. 
 
 5 
 
 LaMoure 
 
 1st Mon. Feb., 4th Mon. Sept. 
 
 6 
 
 Logan 
 
 1st Tues. April, 4th Tues. Nov. 
 
 12 
 
 Mercer 
 
 2nd Mon. March, 3rd Mon. Nov. 
 
 12 
 
 Morton 
 
 1 Mon. Mar,, 3 Mon. June, Sept. 1st Mon, Dec. 
 
 11 
 
 Mountrail 
 
 3rd Mon. July, Nov. and Jan. 
 
 9 
 
 McHenry 
 
 2 M. Mar,, xvlay, 3 M. July, Dec, 1 M, Oct. 
 
 4 
 
 Mcintosh 
 
 1st Tues. April and Nov. 
 
 11 
 
 McKenzie 
 
 2nd Mon, June, 3rd Mon. Oct. 
 
 6 
 
 McLean 
 
 2nd Wed. June and Nov. 
 
 1 
 
 Nelson 
 
 1st Mon, after July 4, 1st Mon. after Jan, 1st. 
 
 12 
 
 Oliver 
 
 1st Mon, June, 3rd Mon, Oct. 
 
 7 
 
 Pembina 
 
 1st Tues. Jan., April, June and Oct. 
 
 9 
 
 Pierce 
 
 3 M„ Jan,, 1 M, Apr., June, Sept, 3 M. Oct. 
 
 2 
 
 Ramsey 
 
 1st Mon, March, 2nd Mon, Nov. 
 
 4 
 
 Ransom 
 
 1st Tues, May and Dec. 
 
 8 
 
 Renville 
 
 2nd Mon. Oct,, 4th Mon. June and Jan. 
 
 4 
 
 Richland 
 
 1st Tues. Jan. and June. 
 
 2 
 
 Rolette 
 
 3rd Mon. June, 1st Mon. Jan. 
 
 4 
 
 Sargent 
 
 1st Tues, Feb, and Sept, 
 
 10 
 
 Stark 
 
 3 Tu, May, 1 Tu, Sept,, 1 Tu, Dec, 1 Tu, Mar. 
 
 6 
 
 Sheridan 
 
 2nd Tues. March, 3rd Tues. Oct. 
 
 3 
 
 Steele 
 
 3rd Tues, June and Oct. 
 
 5 
 
 Stutsman 
 
 3rd Mon, june, 2nd Mon, Dec. 
 
 3 
 
 Traill 
 
 2nd Tues. Feb,, 1st Tues. June. 
 
 2 
 
 Towner 
 
 3rd Mon, March, 4th Mon, Nov. 
 
 7 
 
 Walsh 
 
 I Tues.- Jan, and June, 3 Tues, Nov,, March. 
 
 8 
 
 Ward 
 
 2nd Mon, Nov,, 3rd Mon, July, 1st Mon, Feb. 
 
 5 
 
 Wells 
 
 3rd Mon, July, 3rd Mon, Jan. 
 
 11 
 
 Williams 
 
 ith Mon, June, 1st Mon, Oct,, 2nd Mon, Dec 
 
STATE OF NORTH DAKOTA 21 
 
 CONSTITUTION OF THE UNITED STATES OF 
 AMERICA. 
 
 [Note — The constitution was adopted September 17, 1787, by the unani- 
 mous consent of the states present in the convention appointed in pursu- 
 ance of the resolution of the congress of the confederation, of February 21, 
 1787, and was ratified by the conventions of the several states, as follows, 
 viz.: By convention of Delaware, Dcemeber 7, 1787; Pennsylvania, Decem- 
 ber 12, 1787; New Jersey, December 18, 1787; Georgia, January. 2, 1788; 
 Connecticut, January 3, 1788; Massachusetts, February 6, 1788; Maryland, 
 April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 
 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, 
 November 21, 1789; Rhode Island, May 20, 1790. 
 
 The first ten of the amendments were proposed at the first session of 
 the first congress of the United States, September 25, 1789, and were 
 finally ratified by the constitutional number of states, December 15, 1791. 
 
 The eleventh amendment was proposed at the first session of the third 
 congress, March 5, 1794, and was declared in a message from the president 
 of the United States to both houses of congress, dated January 8, 1798, to 
 have been adopted by the constitutional number of states. 
 
 The twelfth amendment was proposed at the first session of the eighth 
 congress, December 12, 1803, and was adopted by the constitutional num- 
 ber of states in 1804, according to public notice thereof by the secretary 
 of state, dated September 25, 1804. 
 
 The thirteenth amendment was proposed at the second session of the 
 thirty-eighth congress, February 1, 1865, and was adopted by the constitu- 
 tional number of states in 1865, according to a public notice thereof by the 
 secretary of state, dated December 18, 1865. 
 
 The fourteenth amendment took effect July 28, 1868. 
 
 The fifteenth amendment took effect March 30, 1870. 
 
 The sixtenth and seventeenth amendments took effect in 1913.] 
 
 We, the people of the United States in order to form a more 
 perfect union, establish justice, insure domestic tranquil- 
 ity, provide for the common defense, promote the general 
 welfare, and secure the blessings of liberty to ourselves 
 and our posterity, do ordain and establish this Constitu- 
 tion for the United States of America. 
 
 ARTICLE L— The Congress. 
 
 § 1. All legislative powers herein granted, shall be 
 vested in a Congress of the United States, which shall 
 consist of a senate and house of representatives. 
 
 § 2. The house of representatives shall be composed 
 of members chosen every sec6nd year by the people of the 
 several states, and the electors in each state shall have the 
 qualifications requisite for electors of the most numerous 
 branch of the state legislature. 
 
 No person shall be a representative who shall not have 
 attained to the age of twenty-five years, and been seven 
 
22 ELECTION LAWS 
 
 years a citizen of the United States, and who shall not, 
 when elected, be an inhabitant of that state in which he 
 shall be chosen. 
 
 Representatives * (and direct taxes shall be apportioned 
 among the several states which may be included within this 
 Union, according to their respective members, which shall 
 be determined by adding to the whole number of free per- 
 sons, including those bound to service for a term of years, 
 and excluding Indians not taxed, three-fifths of all other 
 persons.) The actual enumeration shall be made within 
 three years after the first meeting of the Congress of the 
 United States, and within every subsequent term of ten 
 years, in such manner as they shall by law direct. The 
 number of representatives shall not exceed one for every 
 thirty thousand, but each state shall have at least one rep- 
 resentative; and until such enumeration shall be made, the 
 State of New Hampshire shall be entitled to choose three, 
 Massachusetts eight, Rhode Island and Providence Planta- 
 tions one, Connecticut five. New York six. New Jersey four, 
 Pennsylvania eight, Delaware one, Maryland six, Virginia 
 ten. North Carolina five, South Carolina five, and Georgia 
 three. 
 
 When vacancies happen in the representation from an^^ 
 state, the executive authority thereof shall issue writs of 
 election to fill such vancancies. 
 
 The house of representatives shall choose their speaker 
 and other ofiicers; and shall have the sole power of im- 
 peachment. 
 
 § 3. The senate of the United States shall be com- 
 posed of two senators from each state, chosen by the legis- 
 lature thereof, for six years; and each senator shall have 
 one vote. 
 
 Immediately after they shall be assembled in consequence 
 of the first election, they shall be divided as equally as may 
 be into three classes. The seats of the senators of the first 
 class shall be vacated at the expiration of the second year; 
 of the second classat the expiration of the fourth year; and 
 of the third class at the expiration of the sixth year, so that 
 one- third may be chosen every second year; and if vacan- 
 cies happen by resignation, or otherwise during the recess 
 of the legislature of any state, the executive thereof may 
 make temporary appointments until the next meeting of 
 the legislature, which shall then fill such vacancies. 
 
 No person shall be a senator who shall not have attained 
 to the age of thirty years, and been nine years a citizen of 
 
 * The clause included in brackets is amended by the fourteenth amend- 
 ment. 
 
STATE OF NORTH DAKOTA 23 
 
 the United States, and who shall not, when elected, be an 
 inhabitant of that state for which he shall be chosen. 
 
 The vice president of the United States shall be president 
 of the senate, but shall have no vote, unless they be equally 
 divided. 
 
 The senate shall choose their other officers, and also a 
 president pro tempore, in the absence of the vice president, 
 or when he shall exercise the office of the president of the 
 United States. ^ 
 
 The senate shall have the sole power to try all impeach- 
 ments. When sitting for that purpose they shal be on oath 
 or affirmation. When the president of the United States is 
 tried the chief justice shall preside; and no person shall b(i 
 convicted without the concurrence of two-thirds of the 
 members present. 
 
 Judgment in cases of impeachment shall not extend fur- 
 ther than to removal from office, and disqualification to 
 hold and enjoy any office of honor, trust or profit under the 
 United States; but the party convicted shall nevertheless be 
 liable and subject to indictment, trial, judgment and pun- 
 ishment according to law. 
 
 § 4. The times, places and manner of holding elec- 
 tions for senators and representatives, shall be prescribed 
 in each state by the legislature thereof; but the Congress 
 may at any time by law make or alter such regulations, ex- 
 cept as to places of choosing senators. 
 
 The congress shall assemble at least once in every year, 
 and such meeting shall be on the first Monday in December, 
 unless they shall by law appoint a different day. 
 
 § 5. Each house shall be the judge of the elections, 
 returns and qualifications of its own members, and a ma- 
 jority of each shall constitute a quorum to do business; but 
 a smaller number may adjourn from day to day, and may 
 be authorized to compel the attendance of absent members, 
 in such manner, and under such penalties as each house 
 may provide. 
 
 Each house may determine the rules of its proceedings, 
 punish its members for disorderly behavior and, with the 
 concurrence of two-thirds, expel a member. 
 
 Each house shall keep a journal of its proceedings, and 
 from time to time publish the same, excepting such parts as 
 may in their judgment require secrecy; and the yeas and 
 nays of the members of either house on any question shall, 
 at the desire of one-fifth of those present, be entered on the 
 journal. 
 
 Neither house during the session of congress, shall with- 
 
24 ELECTION LAWS 
 
 out the consent of the other, adjourn for more than three 
 days, nor to any other place than that in which the two 
 houses shall be sitting. 
 
 § 6. The senators and representatives shall receive a 
 compensation for their services, to be ascertained by law, 
 and paid out of the treasury of the United States. They 
 shall in all cases, except treason, felony, and breach of the 
 peace, be privileged from arrest during their attendance at 
 the session of their respective houses, and in going to and 
 returning from the same; and for any speech or debate in 
 either house they shall not be questioned in any other place. 
 
 No senator or representative shall, during the time for 
 which he was elected, be appointed to any civil office under 
 the authority of the United States, which shall have been 
 created, or the emoluments whereof shall have been in- 
 creased during such time; and no person holding any office 
 under the United States, shall be a member of either house 
 during his continuance in office. 
 
 § 7. All bills for raising revenue shall originate \a 
 the house of representatives; but the senate may propos'i 
 or concur with amendments as on other bills. 
 
 Every bill which shall have passed the house of represen- 
 tatives and the senate, shall, before it becomes a law, be 
 presented to the president of the United States; if he ap- 
 prove, he shall sign it, but if not, he shall return it, with his 
 objections, to that house in which it shall have originated, 
 who shall enter the objections at large on their journal, and 
 proceed to reconsider it. If after such reconsideration two- 
 thirds of that house shall agree to pass the bill, it shall be 
 sent, together with the objections, to the other house, by 
 which it shall likewise be reconsidered, and if approved by 
 two-thirds of that house, it shall become a law . But in all 
 such cases the votes of both houses shall be determined by 
 yeas and nays, and the names of the persons voting for and 
 against the bill shall be entered on the journal of each 
 house respectively. If any bill shall not be returned by the 
 president within ten days (Sundays excepted) after it shall 
 have been presented to him, the same shall be a law, in like 
 manner as if he had signed it, unless the congress by their 
 adjournment prevent its return, in which case it shall not 
 be a law. 
 
 Every order, resolution or vote to which the concurrence 
 of the senate and the house of representatives , may be 
 necessary (except on a question of adjournment), shall be 
 presented to the president of the United States, and before 
 the same shall take effect, shall be approved by him, or be- 
 ing disapproved by him, shall be repassed by two- thirds ol 
 the senate and house of representatives, according to the 
 rules and limitations prescribed in the case of a bill. 
 
STATE OF NORTH DAKOTA 25 
 
 § 8. The congress shall have the power: 
 
 To lay and collect taxes, duties, imposts and excises, to 
 pay the debts and provide for the common defense, and 
 general welfare of the United States; but all duties, imposts 
 and excises shall be uniform throughout the United States. 
 
 To borrow monej^ on the credit of the United States. 
 
 To regulate commerce with foreign nations, and among 
 the several states, and with the Indian tribes. 
 
 To establish an uniform rule for naturalization and uni- 
 form laws on the subject of bankruptcies throughout the 
 United States. 
 
 To coin money, regulate the value thereof, and of foreign 
 coin, and fix the standards of weights and measures. 
 
 To provide for the punishment of counterfeiting the se- 
 curities and current coin of the United States. 
 
 To establish post offices and post roads. 
 
 To promote the progress of science and useful arts, by 
 securing for limited times to authors and inventors the ex- 
 clusive right to their respective writings and discoveries. 
 
 To constitute tribunals inferior to the supreme court. 
 
 To define and punish piracies and felonies committed on 
 the high seas and offenses against the law of nations. 
 
 To declare war, grant letters of marque and reprisal, and 
 make rules concerning captures on land and water. 
 
 To raise and support armies, but no appropriation of 
 money to that use shall be for a longer term than two years. 
 
 To provide and maintain a navy. 
 
 To make rules for the government and regulation of the 
 land and naval forces. 
 
 To provide for calling forth the militia to execute the 
 laws of the union, suppress insurrections and repel inva- 
 sions. 
 
 To provide for organizing, arming and disciplining the 
 militia, and for governing such part of them as may be em- 
 ployed in the service of the United States, reserving to the 
 states, respectively, the appointment of the officers and the 
 authority of training the militia according to the discipline 
 prescribed by congress. 
 
 To exercise exclusive legislation, in all cases whatsoever, 
 over such district, (not exceeding ten miles square), as may 
 by cession of particular states, and the acceptance of con- 
 gress, become the seat of the government of the United States, 
 and to exercise like authority over all places purchased by 
 the consent of the legislature of the state in which the same 
 shall be, for the erection of forts, magazines, arsenals, dock- 
 yards, and other needful buildings; and 
 
 To make all laws which shall be necessary and proper 
 for carrying into execution the foregoing powers and all 
 
26 ELECTION LAWS 
 
 other powers vested by this constitution in the government 
 of the United States, or in any department or officer there- 
 of. 
 
 § 9. The migration or importation of such person:> 
 as any of the states now existing shall think proper to ad- 
 mit, shall not be prohibted by the congress prior to the year 
 one thousand eight hundred and eight, but a tax or duty 
 may be imposed on such importation, not exceeding ten 
 dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be 
 suspended unless when in cases of rebellion or invasion the 
 public safety may require it. 
 
 No bill of attainder or ex post facto law shall be passed. 
 
 No capitation or other direct tax shall be laid unless in 
 proportion to the census or enumeration hereinbefore di- 
 rected to be taken. 
 
 No tax or duty shall be laid on articles exported from 
 any state. 
 
 No preference shall be given by any regulation of com- 
 merce or revenue to the ports of one state over those of an- 
 other; nor shall vessels bound to, or from, one state, be 
 obliged to enter, clear or pay duties in another. 
 
 No money shall be drawn from the treasury, but in conse- 
 quence of appropriations made by law; and a regular state- 
 ment and account of the receipts and expenditures of all 
 public money shall be published from time to time. 
 
 No title of nobility shall be granted by the United States; 
 and no person holding any office of profit or trust unde^- 
 them, shall, without the consent of the congress, accept of 
 any present, emolurnent, office, or title, of any kind what- 
 ever, from any king* prince or foreign state. 
 
 § 10. No state shall enter into any treaty, alliance, or 
 confederation; grant letters of marque and reprisal; coin 
 money; emit bills of credit; make any thing but gold and 
 silver coin a tender in payment of debts; pass any bill of 
 attainder, ex post facto law, or law impairing the obliga- 
 tion of contracts, or grant any title of nobility. 
 
 No state shall without the consent of the congress, lay any 
 imposts or duties on imports or exports, except what may 
 be absolutely necessary for executing its inspection laws, 
 and the net produce of all duties and imposts laid by any 
 state on imports or exports, shall be for the use of the treas: 
 ury of the United States; and all such laws shall be subject 
 to the revision and control of the congress. 
 
 No state shall, without the consent of congress, lay any 
 duty on tonnage, keep troops, or ships of war in time of 
 peace, enter into any agreement or compact with another 
 
STATE OF NORTH DAKOTA 27 
 
 state, or with a foreign power, or engage in war, unless ac- 
 tually invaded, or in such imminent danger as will not 
 admit of delay. 
 
 ARTICLE XL— The Executive. 
 
 § 1. The executive power shall be vested in a presi- 
 dent of the United States of America. He shall hold 
 his office during the term of four years, and, together with 
 the vice president, chosen for the same term, be elected, as 
 follows : 
 
 Each state shall appoint, in such manner as the legisla- 
 ture thereof may direct, a number of electors, equal to the 
 whole number of senators and representaives to which the 
 state may be entitled in the congress, but no senator or rep- 
 resentative, or person holding an office of trust or profit 
 under the United States, shall be appointed an elector. 
 
 The congress may determine the time of choosing the 
 electors, and the day on which they shall give their votes; 
 which day shall be the same throughout the United States. 
 
 No person except a natural born citzen or a citizen of the 
 United States at the time of the adoption of this constitution 
 shall be eligible to the office of president neither shall any 
 person be eligible to that office who shall not have attained 
 to the age of thirty-five years, and been fourteen years a 
 resident within the United tSates. 
 
 In case of the removal of the president from office, or of 
 his death, resignation, or inabilty to discharge the powers 
 and duties of said office, the same shall devolve on the vice 
 president; and the congress may, by law, provide for the 
 case of removal, death, resignation or inability, both of the 
 president and vice president, declaring what officer shall 
 then act as president and such officer shall act accordingly 
 until the disabilty be removed, or a president shall be elect- 
 ed. 
 
 The president shall, at stated times, receive for his ser- 
 vices a compensation, which shall neither be increased nor 
 diminished during the period for which he shall have been 
 elected and he shall not receive within that period any other 
 emolument from the United States, or any of them. 
 
 Before he enters on the execution of his office, he shall 
 take the following oath or affirmation: 
 
 "I do solemnly swear (or affirm) that I will faithfully 
 execute the office of president of the United States, and will 
 to the best of my ability, preserve, protect, and defend the 
 constituion of the United States." 
 
 § 2. The president shall be commander-in-chief of 
 the army and navy of the United States, and of the militia 
 
28 ELECTION LAWS 
 
 of the several states, when called into the actual service of 
 the United States; he may require the opinion, in writing, 
 of the principal officer in each of the executive departments, 
 upon any subject relating to the duties of their respective 
 offices, and he shall have power to grant reprieves and par- 
 dons for offenses against the United States, except in cases 
 of impeachment. 
 
 He shall have power, by and with the advice and consent 
 of the senate, to make treaties, provided two-thirds of the 
 senators present concur; and he shall nominate, and by and 
 with the advice and consent of the senate, shall appoint am- 
 bassadors, other public ministers and consuls, judges of the 
 supreme court, and all other officers of the .United States, 
 whose appointments are not herein otherwise provided for, 
 and which shall be established by law; but the congress 
 may by law vest the appointment of such inferior officers, 
 as they think proper, in the president alone, in the courts 
 of law, or in the heads of departments. 
 
 The president shall have power to fill up all vacan- 
 cies that may happen during the recess of the senate, by 
 granting commissions which shall expire at the end of theii' 
 next session. 
 
 § 3. He shall from time to time give to the congress 
 information of the state of the union, and recommend to 
 their consideration such measures as he shall judge neces- 
 sary and expedient; he may, on extraordinary occasions, 
 convene both houses, or either of them; and in case of dis- 
 agreement between them, with respect to the time of ad- 
 journment, he may adjourn them to such time as he shall 
 think proper; he shall receive ambassadors and other pub- 
 lic ministers; he shall take care that the laws be faithfully 
 executed, and shall commission all the officers of the United 
 States. 
 
 § 4. The president, vice president and all civil offi- 
 cers of the United States, shall be removed from office on 
 impeachment for, and cionviction of, treason, bribery or 
 other high crimes and misdemeanors. 
 
 ARTICLE III.— The Judiciary. 
 
 § 1. The judicial power of the United States shall be 
 vested in one supreme court, and in such inferior court.; 
 as the congress may from time to time ordain and estab- 
 lish. The judges, both of the supreme and inferior courts, 
 shall hold their offices during good behavior, and shall, at 
 stated times, receive for their services, a compensation, 
 which shall not be diminished during their continuance in 
 office. 
 
STATE OF NORTH DAKOTA 29 
 
 § 2. The judicial power shall extend to all cases, in 
 law and equity, arising under this constitution, the laws 
 of the United States, and treaties made, or which shall be 
 made, under their authority; to all cases affecting ambassa- 
 dors, other public ministers, and consuls; to all cases of ad- 
 miralty and maritime jurisdiction; to controversies to 
 which the United States shall be a party; to controversies 
 between two or more states; between a state and citizens of 
 another state; between citizens of different states; between 
 citizens of the same state claiming lands under grants of 
 different states, and between a state, or the citizens thereof, 
 and foreign states, citizens or subjects. 
 
 In all cases affecting ambassadors, other public ministers 
 and consuls, and those in which a state shall be a party, the 
 supreme court shall have. original jurisdiction. In all other 
 cases before mentioned the supreme court shall have appel- 
 late jurisdiction, both as to law and fact, with such excep- 
 tions, and under such regulations as the congress shall 
 make. 
 
 The trial of all crimes, except in cases of impeachment, 
 shall be by jury; and such trial shall be held in the state 
 where the said crime shall have been committed; but whea 
 not committed within any state, the trial shall be at such 
 place or places as the congress may by law have directed. 
 
 § 3. Treason against the United States shall consist 
 only in levying war against them, or in adhering to their 
 enemies giving them aid and comfort. No person shall be 
 convicted of treason unless on the testimony of two wit- 
 nesses to the same overt act, or on confession in open court. 
 
 The congress shall have power to declare the punishment 
 of treason, but no attainder of treason shall work corrup- 
 tion of blood, or forfeiture except during the life of the 
 person attained. 
 
 ARTICLE IV. — The States and Territories. 
 
 § 1. Full faith and credit shall be given in each state, 
 to the public acts, records and judicial proceedings 
 of every other state. And the congress may by general laws 
 prescribe the manner in which such acts, records and pro- 
 ceedings shall be proved, and the effect thereof. 
 
 § 2. The citizens of each state shall be entitled to all 
 privileges and immunities of citizens in the several states. 
 
 A person charged in any state with treason, felony or 
 other crime, who shall flee from justice and be found in 
 another state, shall, on demand of the executive authority 
 of the state from which he lied, be delivered up, to be re- 
 moved to the state having jurisdiction of the crime. 
 
30 ELECTION LAWS 
 
 No person held to service or labor in one state under the 
 laws thereof, escaping into another, shall, in consequence 
 of any law or regulation therein, be discharged from such 
 service or labor, but shall be delivered up on claim of the 
 party to whom such service or labor may be due. 
 
 § 3. New states may be admitted by the congress into 
 this union; but no new state shall be formed or erected 
 within the jurisdiction of any other state; nor any state to 
 be formed by the junction of two or more states, or parts 
 of states, without the consent of the legislature of the states 
 concerned as well as of the congress. 
 
 The congress shall have power to dispose of and make all 
 needful rules and regulations respecting the territory or 
 other property belonging to the United States; and nothing 
 in this constitution shall be so construed to prejudice any 
 claims of the United States, or of any particular state. 
 
 § 4. The United States shall guarantee to every state 
 in this union a republican form of government, and shall 
 protect each of them against invasion; and on application 
 of the legislature, or of the executive, (when the legislature 
 cannot be convened) against domestic violence. 
 
 ARTICLE v.— Amendments. 
 
 The congress, whenever two-thirds of both houses shall 
 deem it necessary, shall propose amendments to this con- 
 stitution, or, on the application of the legislatures of two- 
 thirds of the several states, shall call a convention for pro- 
 posing amendments, which in either case, shall be valid, to 
 all intents and purposes, as part of this constitution, when 
 ratified by the legislature of three-fourths of the several 
 states, or by conventions in three-fourths thereof, as the 
 one or the other mode of ratification may be proposed by 
 the congress; provided, that no amendment which may be 
 made prior to the year one thousand eight hundred and 
 eight shall in any manner affect the first and fourth claus'^s 
 in the ninth section of the first article; and that no state, 
 without its consent ,shall be deprived of its equal suffrage 
 in the senate. 
 
 ARTICLE VI. — ^Miscellaneous Business. 
 
 All debts contracted and engagements entered into be- 
 fore the adoption of this constitution, shall be as valid 
 against the United States under this constitution, as under 
 the confederation. 
 
 This constitution, and the laws of the United States which 
 shall be made in pursuance thereof, and all treaties made, 
 
STATE OF NORTH DAKOTA 31 
 
 or which shall be made, under the authority of the United 
 States, shall be the supreme law of the land; and the judges 
 in every state shall be bound thereby, anything in the con- 
 stitution or laws of any state to the contrary notwithstand- 
 ing. 
 
 The senators and representatives before mentioned, and 
 the members of the several state legislatures, and all execu- 
 tive and judicial officers, both of the United States and of 
 the several states, shall be bound by oath or affirmation, to 
 support this constitution; but no religious test shall ever be 
 required as a qualification to any office or public trust un- 
 der the United States. 
 
 ARTICLE VII.— Ratification. 
 
 The ratification of the conventions of nine states shall be 
 sufficient for the establishment of this constitution between 
 the states so ratifying the same. 
 
 Done in convention by the unanimous consent of the states 
 present, the seventeenth day of September, in the year of 
 our Lord one thousand seven hundred and eighty-seven, 
 and of the independence of the United States of America, 
 the twelfth. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establishment 
 of religion, or prohibiting the free exercise thereof; or 
 abridging the freedom of speech, or of the press; or the 
 right of the people peaceably to assemble, and to petition 
 the government for a redress of grievances. 
 
 ARTICLE II. 
 
 A well regulated militia, being necessary to the security 
 of a free state, the right of the people to keep and bear arms 
 shall not be infringed. 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace, be quartered in any 
 house, without the consent of the owner, nor in time of war 
 but in a manner prescribed by law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable searches 
 
32 ELECTION LAWS 
 
 and seizures, shall not be violated, and no warrants shall 
 issue, but upon probable cause supported by oath or atTirm- 
 ation, and particularly describing the place to be searched 
 and the persons or things to be seized. 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital, or other- 
 wise infamous crime, unless on a presentment of a grand 
 jury, except in cases arising in the land or naval forces or 
 in the militia, when in actual service in time of war or pub- 
 lic danger, nor shall any person be subject for the same 
 offense to be twice put in jeopardy of life or limb; nor shall 
 be compelled in any criminal case to be a witness against 
 himself, nor be deprived of life, liberty or property, with- 
 out due process of law; nor shall private property be taken 
 for public use without just compensation. 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy the 
 wise infamous crime, unless on a presentment or indictment 
 of a grand jury, except in cases arising in the land or naval 
 forces or in the militia, when in actual service in time of war 
 or public danger, nor shall any person be subject for the 
 same offense to be twice put in jeopardy of life or limb; nor 
 shall be compelled in any criminal case to be a witness 
 against himself, nor be deprived of life, liberty or property, 
 without due process of law; nor shall private property be 
 taken for public use without just compensation. 
 
 ARTICLE VII. 
 
 In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the right of trial by jury shall 
 be preserved; and no fact tried by a jury shall be otherwise 
 re-examined in any court of the United States, than accord- 
 ing to the rules of the common law. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishments inflicted. 
 
 ARTICLE IX. 
 
 The enumeration in the constitution of certain rights, 
 shall not be construed to deny or disparage others retained 
 by the people. 
 
STATE OF NORTH DAKOTA 33 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by the con- 
 stitution nor prohibited by it to the states, are reserved to 
 he states respectively, or to the people. 
 
 ARTICLE XI. 
 
 The judicial power of the United States shall not be con- 
 strued to extend to any suit in law or equity, commenced 
 or prosecuted against one of the Unted States by citizens of 
 another state, or by citizens or subjects of any foreign state. 
 
 ARTICLE XII. 
 
 The electors shall meet in their respective states, and vote 
 by ballot for president and vice president, one of whom, at 
 least, shall not be an inhabitant of the same state with them- 
 selves; they shall name in their ballots the person voted for 
 as president; and in distinct ballots the person voted for as 
 vice president; and they shall make distinct lists of all per- 
 sons voted for as president, and of all persons voted for as 
 vice president, and of the number of votes for each; which 
 lists they shall sign and certify, and transmit sealed to the 
 seat of the government of the United States, directed to the 
 president of the senate. The president of the senate shall 
 in the presence of the senate and house of representatives, 
 open all the certificates, and the votes shall then be count- 
 ed. The person having the greatest number of votes for 
 president shall be the president, if such number be a major- 
 ity of the whole number of electors appointed; and if no per- 
 son have such majority, then from the persons having the 
 highest numbers, not exceeding three pn the list of those 
 voted for as president, the house of representatives shall 
 choose immediately, by ballot, the president. But in choos- 
 ing the president, the votes shall be taken by states, the 
 representation from each state having one vote; a quorum 
 for this purpose shall consist of a member or members from 
 two-thirds of the states, and a majority of all the states shall 
 be necessary to a choice. And if the house of representa- 
 tives shall not choose a president whenever the right of 
 choice shall devolve upon them, before the fourth day of 
 March next following, then the vice president shall act as 
 president, as in the case of the death or other constitutional 
 disability of the president. The person having the greatest 
 number of votes as vice president shall be the vice presi- 
 dent, if such number be a majority of the whole number of 
 electors appointed; and if no person have a majority, then 
 from the two highest numbers on the list, the senate shall 
 choose the vice president. A quorum for the purpose shall 
 
34 ELECTION LAWS 
 
 consist of two-thirds of the whole number of senators, and 
 a majority of the whole number shall be necessary to a 
 choice. But no person constitutionally ineligible to the of- 
 fice of president shall be eligible to that of vice president of 
 the United States. 
 
 ARTICLE XIII. 
 
 § 1. Neither slavery nor involuntary servitude, except 
 as a punishment for crime, whereof the party shall 
 have been duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. 
 
 § 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 ARTICLE XIV. 
 
 § 1. All persons born or naturalized in the United 
 States, and subject to the jurisdiction thereof, are citizens 
 of the United States, and of the state wherein they reside. 
 No state shall make or enforce any law which shall abridge 
 the privileges or immunities of citizens of the United States; 
 nor shall any state deprive any person of life, liberty, or 
 property, without due process of law, or deny to any per- 
 son within its jurisdiction the equal protection of the laws. 
 
 § 2. Representatives shall be apportioned among the 
 several states according to their respective numbers, count- 
 ing the whole number of persons in each state, excluding 
 Indians not taxed. But when the right to vote at any elec- 
 tion for the choice of electors for president and vice presi- 
 dent of the United States, representatives in congress, the 
 executive and judicial officers of a state, or the members of 
 the legislature thereof, is denied to any of the male inhabi- 
 tants of such state, being twenty-one years of age, and citi- 
 zens of the United States, or in any way abridged, except 
 for participation in rebellion, or other crime, the basis of 
 representation therein shall be reduced in the proportion 
 which the number of such male citizens shall bear to the 
 whole number of male citizens twenty-one years of age in 
 such state. 
 
 § 3. No person shall be a senator or representative in 
 congress or elector of president and vice president, or hold 
 any office civil or military, under the United States, or un- 
 der any state, who, having previously taken an oath, as a 
 member of congress or as an officer of the United States, 
 cr as a member of any state legislature, or as an executive 
 or judicial officer of any state, to support the constituion of 
 the United States, shall have engaged in insurrection, or re- 
 
STATE OF NORTH DAKOTA 35 
 
 bellion against the same, or given aid or comfort to the 
 enemies thereof. But congress may by vote of two-thirds 
 of each house, remove such disability. 
 
 § 4. The validity of the public debt in the United 
 States, authorized by law, including debts incurred for pay- 
 ment of pensions and bounties for services, in suppressing 
 insurrection or rebellion, shall not be questioned. But 
 neither the United States nor any state shall assume or pay 
 any debt or obligation incurred in aid of insurrection or re- 
 bellion against the United States, or any claim for the loss 
 or emancipation of any slave; but all such debts, obligations 
 and claims shall be held illegal and void. 
 
 § 5. The congress shall have power to enforce by ap- 
 propriate legislation, the provisions of this article. 
 
 ARTICLE XV, 
 
 § 1. The right of citizens of the United States to vote 
 shall not be denied or abridged by the United States 
 or by any state, on account of race, color, or previous con- 
 dition of servitude. 
 
 § 2. The congress shall have power to enforce this 
 article by appropriate legislation. 
 
 ARTICLE XVI. 
 
 "The Congress shall have power to lay and collect taxes 
 on incomes, from whatever source derived, without appor- 
 tionment among the several States, and without regard to 
 any census or enumeration." 
 
 ARTICLE XVIL 
 
 "The Senate of the United States shall be composed of 
 two Senators from each State, elected by the people there- 
 of, for six years; and each Senator shall have one vote. The 
 electors in each State shall have the qualifications requisite 
 for electors of the most numerous branch of the State legis- 
 latures. 
 
 "When vacancies happen in the representation of any 
 State in the Senate, the executive authority of such State 
 shall issue writs of election to fill such vacancies: Provided, 
 That the legislature of any State may empower the execu- 
 tive thereof to make temporay appointments until the peo- 
 ple fill the vacancies by election as the legislature may di- 
 rect. 
 
 "This amendment shall not be so construed as to affect 
 the election or term of any Senator chosen before it be- 
 comes valid as part of the Constitution." 
 
36 ELECTION LAWS 
 
 UNITED STATES STATUTES RELATING TO CITIZEN- 
 SHIP. 
 
 [Revised United States Statutes, p. 351.] 
 
 § 1992. Native-born persons.] All persons born in the 
 United States and not subject to any foreign power, exclud- 
 ing Indians not taxed, are declared to be citizens of the 
 United States. 
 
 § 1993. Children born abroad.] All children hereto- 
 fore born or hereafter born out of the limits and jurisdic- 
 tion of the United States, whose fathers were or may be a[ 
 the time of their birth citizens thereof, are declared to be 
 citizens of the United States; but the rights of citizenship 
 shall not descend to children whose fathers never resided 
 in the United States. 
 
 § 1994. Married women.] Any woman who is now or 
 who may hereafter be married to a citizen of the United 
 States, and who might herself be lawfully naturalized, shall 
 be deemed a citizen. 
 
 § 1995. Persons born in former territory of Oregon.] 
 All persons born in the district of country formerly known 
 as the Territory of Oregon, and subject to the jurisdiction 
 of the United States on the eighteenth day of May, 1872, 
 are citizens in the same manner as if born elsewhere in 
 the United States. 
 
 § 1996. Army deserters forfeit right of citizenship.] 
 All persons who deserted the military or naval service of 
 the United States and did not return thereto or report them- 
 selves to a provost marshal within sixty days after the is- 
 suance of the proclamation of the President, dated the 
 eleventh day of March, 1865, are deemed to have voluntar- 
 ily relinquished and forfeited their rights of citizenship, 
 as well as their rights to become citizens; and such desert- 
 ers shall be forever incapable of holding any office of trust 
 or profit under the United States, or of exercising any 
 rights of citizenship thereof. 
 
 § 1997. Certain soldiers and sailors excepted.] No sol- 
 dier or sailor, however, who faithfully served according lo 
 his enlistment until the nineteenth day of April, 1865, and 
 who without proper authority or leave first obtained, quit 
 his command or refused to serve after that date, shall be a 
 deserter from the army or navy; but this section shall be 
 construed solely as a removal of any disability such soldier 
 or sailor may have incurred under the preceding section. 
 
STATE OF NORTH DAKOTA 37 
 
 by the loss of citizenship and of the right to hold office in 
 consequence of his desertion. 
 
 § 1998. Defining an army deserter.] Every person 
 who hereafter deserts the military or naval service of the 
 United States, or who, being duly enrolled, departs the 
 jurisdiction of the district in which he is enrolled, or goes 
 beyond the limits of the United States, with intent to avoid 
 any draft into the military or naval service lawfully or- 
 dered, shall be liable to all the penalties and forfeitures of 
 Section 1996. 
 
 § 1999. Right of expatriation declared.] Whereas the 
 right of expatriation is a natural and inherent right of all 
 people, indispensible to the enjoyment of the rights of life, 
 liberty, and the pursuit of happiness; and whereas, in the 
 recognition of this principle, this government has freely 
 received emigrants from all nations, and invested them 
 with the rights of citizenship; and whereas it is claimed 
 that such Amercan citizens, with their descendenats, are 
 subjects of foreign states, owing allegiance to the govern- 
 ment thereof; and whereas it is necessary to the mainten- 
 ance of public peace that this claim of foreign allegiance 
 should be promptly and finally disallowed: therefore, any 
 declaration, instruction, opinion, order, or decision of any 
 officer of the United States which denies, restricts, impairs, 
 or questions the right of expatriation is declared inconsist- 
 ent with the fundamental principles of the republic. 
 
 § 2000. Naturalized citizens protected in foreign 
 STATES.] All naturalized citizens of the United States, 
 while in foreign countries, are entilted to and shall receive 
 from this government the same protection of persons and 
 property which is accorded to native-born citizens. 
 
 § 2003. Interference by army or naval officers.] No 
 officer of the army or navy of the United States shall pre- 
 scribe or fix, or attempt to prescribe or fix, by proclamation, 
 order, or otherwise, the qualifications of voters in any 
 state, or in any manner interfere with the freedom of any 
 election in any state, or with the exercise of the free riglit 
 of suffrage in any state. 
 
 § 2004. Race, color, or previous condition not to affect 
 THE RIGHT TO VOTE.] All citizeus of the United States, who 
 are otherwise qualified by law to vote at any election by 
 the people in any state, territory, district, county, city, par- 
 ish, township, school district, municipality, or other terri- 
 torial subdivision, shall be entitled and allowed to vote at 
 all such elections without distinction of race, color, or pre- 
 vious condition of servitude, any constitution, law, custom, 
 usage, or regulation of any state or territory, or by or un- 
 der its authority, to the contrary notwithstanding. 
 
38 ELECTION LAWS 
 
 NATURALIZATION LAWS. 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled: 
 That the designation of the Bureau of Immigration in the 
 Department of Commerce and Labor is hereby changed to 
 the "Bureau of Immigration and Naturalization," which 
 said Bureau under the direction and control of the Secre- 
 tary of Commerce and Labor, in addition to the duties now 
 provided by law, shall have charge of all matters concerning 
 the naturalization of aliens. That it shall be the duty of 
 said Bureau to provide for use at the various immigration 
 stations throughout the United States, books of record, 
 wherein the commissioners of immigration shall cause a 
 registry to be made in the case of each alien arriving in the 
 United States from and after the passage of this Act of the 
 name, age, occupation, personal description (including 
 height, complextion, color of hair and eyes,) the place of 
 birth, the last residence, the intended place of residence in 
 the United States, and the date of arrival of said alien, and, 
 if entered through a port, the name of the vessel in which 
 he comes. And it shall be the duty of said commissioners 
 of immigration to cause to be granted to such alien a certi- 
 ficate of such registry, with the particulars thereof. 
 
 § 2. That the Secretary of Commerce and Labor shall 
 provide the said Bureau with such additional furnished 
 offices within the city of Washington, such books of record 
 and facilities, and such additional assistants, clerks, stenog- 
 raphers, typewriters, and other employees as may be neces- 
 sary for the proper discharge of the duties imposed by this 
 act upon such Bureau, fixing the compensation of such ad- 
 ditional employees until July 1, 1907, within the appropria- 
 tions made for that purpose. 
 
 § 3. That exclusive jurisdiction to naturalize aliens 
 as citizens of the United States is hereby conferred upon 
 the following specified courts: 
 
 United States circuit and district courts now existing, or 
 which may hereafter be established by Congress in any 
 state, United States district courts for the territories of 
 Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the 
 Supreme Court of the District of Columbia, and the United 
 States courts for the Indian Territory; also all courts of 
 record in any state or territory now existing, or which may 
 hereafter be created, having a seal, a clerk, and jurisdiction 
 
STATE OF NORTH DAKOTA 39 
 
 in actions at law or equity, or law and equity, in which the 
 amount in controversy is unlimited. 
 
 That the naturalization jurisdiction of all courts herein 
 specified, state, territory, and federal, shall extend only to 
 aliens resident within the respective judicial districts of 
 such courts. 
 
 The courts herein specified shall, upon the requisition of 
 the clerks of such courts, be furnished from time to time 
 by the Bureau of Immigration and Naturalization witli 
 such blank forms as may be required in the naturalization 
 of aliens, and all certificates of naturalization shall be con- 
 secutively numbered and printed on safety paper furnish- 
 ed by said Bureau. 
 
 § 4. That an alien may be admitted to become a citi- 
 zen of the United States in the following manner and not 
 otherwise : 
 
 First: He shall declare on oath before the clerk of any 
 court authorized by this act to naturalize aliens, or his au- 
 thorized deputy, in the district in which such alien resides, 
 two years at least prior to his admission, and after he has 
 reached the age of eighteen years, that it is bona fide his 
 intention to become a citizen of the United States, and to 
 renounce forever all allegiance and fidelity to any foreign 
 prince, potentate, state or sovereignty, and particularly, bv 
 name, to the prince, potentate, state, or sovereign tjr of 
 which the alien may be at the time a citizen or subject. 
 And such declaration shall set forth the name, age, occupa- 
 tion, personal description, place of birth, last foreign resi- 
 dence and allegiance, the date of arrival, the name of the 
 vessel, if any, in which he came to the United States, and 
 the present place of residence in the United States of said 
 alien; provided, however, that no alien who, in conformity 
 with the law in force at the date of his declaration, has de- 
 clared his intention to become a citizen of the United States 
 shall be required to renew such declaration; provided fur- 
 thet, that any person belonging to the class of persons au- 
 thorized and qualified under existing law to become a citi- 
 zen of the United States who has resided constantly in the 
 United States during a period of five years not preceding 
 May 1, 1910, who, because of misinformation in regard to 
 his citizenship or the requirements of the law^ governing 
 the naturalization of citizens has labored and acted under 
 the impression that he was or could become a citizen of the 
 United States and has in good faith exercised the rights or 
 duties of a citizen or intended citizen of the United States 
 because of such wrongful information and belief may, up- 
 on making a showing of such facts satisfactory to a court 
 
40 ELECTION LAWS 
 
 having jurisdiction to issue papers of naturalization to an 
 alien, and the court in its judgment believes that such per- 
 son has been for a period of more than five years entitled 
 upon proper proceedings to be naturalized as a citizen of 
 the United States, receive from the said court a final certi- 
 ficate of naturalization, and said court may issue such cer- 
 tificate without requiring proof of former declaration by 
 or on the part of such person of their intention to become 
 a citizen of the United States, but such applicant for natur- 
 alization shall comply in all other respects with the law 
 relative to the issuance of final papers of naturalization to 
 aliens. 
 
 Second. Not less than two years nor more than seven 
 years after he has made such declaration of intention he 
 shall make and file, in duplicate, a petition in writing, 
 signed by the applicant in his own handwriting and duly 
 verified, in which petition such applicant shall state his 
 full name, his place of residence (by street and number, if 
 possible), his occupation, and if possible, the date and 
 place of his birth; fiie place from which he emigrated, and 
 the date and place of his arrival in the United States, and, 
 if he entered through a port, the name of the vessel on 
 which he arrived; the time when and the place and name 
 of the court where he declared his intention to become a 
 citizen of the United States; if he is married he shall statf. 
 the name of his wife and, if possible, the country of her 
 nativity and her place of residence at the time of filing his 
 petition; and if he has children, the name, date, and place 
 of birth and place of residence of each child living at the 
 time of the filing of his petition; provided, that if he has 
 filed his declaration before the passage of this act he shall 
 not be required to sign the petition in his own handwriting. 
 
 The petition shall set forth that he is not a disbeliever in 
 or opposed to organized government, or a member of or 
 affiliated with any organization or body of persons teach- 
 ing disbelief in or opposed to organized government, a 
 polygamist or believer in the practice of polgamy, and that 
 it is his intention to become a citizen of the United States 
 and to renounce absolutely and forever all allegiance and 
 fidelity to any foreign prince, potentate, state, or sover- 
 eignty, and particularly by name to the prince, potentate, 
 state, or sovereignty of which he at the time of filing of his 
 petition may be a citizen or subject, and that it is his inten- 
 tion to reside permanetly within the United States, and 
 whether or not he has been denied admission as a citizen 
 of the United States, and, if denied, the ground or grounds 
 of such denial, the court or courts in which such decision 
 was rendered, and that the cause for such denial has since 
 
STATE OF NORTH DAKOTA 41 
 
 been cured or removed, and every fact material to his nat- 
 uralization and required to be proved upon the final hear- 
 ing of his application. 
 
 The petition shall also be verified by the affidavit of at 
 least two creditable witnesses, who are citizens of the 
 United States, and who shall state in their affidavits that 
 they have personally known the applicant to be a resident 
 of the United States for a period of at least five years con- 
 tinuously, and of the state, territory, or district in which 
 the application is made for a period of at least one year 
 immediately preceding the date of the filing of his petition, 
 and that they each have personal knowledge that the peti- 
 tioner is a person of good moral character, and that he is 
 in every way qualified, in their opinion, to be admitted as 
 a citizen of the United States. 
 
 At the time of filing his petition there shall be filed with 
 the clerk of the court a certificate from the Department of 
 Commerce and Labor, if the petitioner arrives in the United 
 States after the passage of this act, stating the date, place, 
 and manner of his arrival in the United States, and the 
 declaration of intention of such petitioner, which certificate 
 and declaration shall be attached to and made a part of 
 said petition. 
 
 Third. He shall, before he is admitted to citizenship, 
 declare on oath in open court that he will support the Con- 
 stitution of the United States, and that he absolutely and 
 entirely renounces and abjures all allegiance and fidelity 
 to any foreign prince, potentate, state, or sovereignty, and 
 particuarly by name to the prince, potentate, state, or sov- 
 ereignty of which he was before a citizen or subject; that 
 he will support and defend the Constitution and laws of the 
 United States against all enemies, foreign and domestic, 
 and bear true faith and allegiance to the same. 
 
 Fourth. It shall he made to appear to the satisfaction of 
 the court admitting any alien to citizenship that immedi- 
 ately preceding the date of his application he has resided 
 continuously within the United States five years at least, 
 and within the state or territory where such court is at the 
 time held one year at least, and that during that time he 
 has behaved as a man of good moral character attached to 
 the principles of the Constitution of the United States, aild 
 well disposed to the good order and happiness of the same. 
 In addition to the oath of the applicant, the testimony of at 
 least two witnesses, citizens of the United States, as to the 
 facts, of residence, moral character, and attachment to the 
 principles of the Constitution shall be required and the 
 name, place of residence, and occupation of each witness 
 shall be set forth in the record. 
 
42 ELECTION LAWS 
 
 Fifth. In case the alien applying to be admitted to citi- 
 zenship has borne any hereditary title, or has been of any 
 of the orders of nobility in the kingdom or state from which 
 he came, he shall, in addition to the above requisites, make 
 an express renunciation of his title or order of nobility in 
 the court to which his application is made, and his renun- 
 ciation shall be recorded in the court. 
 
 Sixth. When any alien who has declared his intention 
 to become a citizen of the United States dies before he is 
 actually naturalized the widow and minor children of such 
 alien may, by complying with the other provisions of this 
 act, be naturalized without making any declaration of in- 
 tention. 
 
 § 5. That the clerk of the court shall, immediately 
 after filing the petition, give notice thereof by posting in a 
 public and conspicuous place in his office, or in the build- 
 ing in which his office is situated, under an appropriate 
 heading, the name, nativity, and residence of the alien, the 
 date and place of his arrival in the United States, and the 
 date, as nearly as may be, for the final hearing of his peti- 
 tion, and the names of the witnesses whom the applicant 
 expects to summon in his behalf; and the clerk shall, if the 
 applicant requests it, issue a subpoena for the witnesses so 
 named by the said applicant to appear upon the day set for 
 the final hearing, but in case such witnesses can not be pro- 
 duced upon the final hearing other witnesses may be sum- 
 moned. 
 
 § 6. That petitions for naturalization may be made, 
 and filed during term time or vacation of the court and 
 shall be docketed the same day as filed, but final action 
 thereon shall be had only on stated days, to be fixed by rule 
 of the court, and in no case shall final action be had upon 
 a petition until at least ninety days have elapsed after filing 
 and posting the notice of such petition; provided that no 
 person shall be naturalized nor shall any certificate of nat- 
 uralization be issued by any court within thirty days pre- 
 ceding the holding of any general election within its terri- 
 torial jurisdiction. It shall be lawful, at the time and as a 
 part of the naturalization of any alien, for the court, in its 
 discretion, upon the petition of such alien, to make a de- 
 cree changing the name of said ailen, and his certificate of 
 naturalization shall be issued to him in accordance there- 
 with. 
 
 § 7. That no person who disbelieves in or who is op- 
 posed to organized government, or who is a member of or 
 affiliated with any organization entertaining and teaching 
 
STATE OF NORTH DAKOTA 43 
 
 such disbelief in or opposition to organized government, 
 or wlio advocates or teaches the duty, necessity, or pro- 
 priety of the unlawful assaulting or killing of any ofiicer 
 or officers, either of specific individuals or of officers gen- 
 erally, of the Government of the United States, or of any 
 other organized government, because of his or their official 
 character, or who is a polygamist, shall naturalized or be 
 made a citizen of the United States. 
 
 § 8. That no alien shall hereafter be naturalized or 
 admitted as a citizen of the United States who can not speai; 
 the English language; provided, that this requirement shall 
 not apply to aliens who are physically unable to comply 
 therewith, if they are otherwise qualified to become citizens 
 of the United States; and provided further, that the require- 
 ments of this section shall not apply to any alien who has 
 prior to the passage of this act declared his intention to be- 
 come a citizen of the United States in conformity with the 
 law in force at the date of making such declaration; pro- 
 vided further, that the requirements of Section 8 shall not 
 apply to aliens who shall hereafter declare their intention 
 to become citizens and who shall make homestead entries 
 upon the public lands of the United States and comply ii; 
 all respects with the laws providing for homestead entries 
 on such lands. 
 
 § 9. That every final hearing upon such petition shall 
 be had in open court before a judge or judges there- 
 of, and every final order which may be made upon such 
 petition shall be under the hand of the court and entered 
 in full upon a record kept for that purpose, and upon such 
 final hearing of such petition the applicant and witnesses 
 shall be examined under oath before the court and in the 
 presence of the court. 
 
 § 10. That in case the petitioner has not resided in the 
 state, territory, or district for a period of five years con- 
 tinuously and immediately preceding the filing of his peti- 
 tion he may establish by two witnesses, both in his petition 
 and at the hearing, the time of his residence within 
 the state, provided that it has been for more than one year, 
 and the remaining portion of his five years 'residence with- 
 in the United States required by law to be established may 
 be proved by the depositions of two or more witnesses who 
 are citizens of the United States, upon notice to the Bureau 
 of Immigration and Naturalization and the United States 
 attorney for the district in which said witnesses may re- 
 side. 
 
 § 11. That the United States shall have the right to 
 appear before any court or courts exercising jurisdiction 
 
44 ELECTION LAWS 
 
 in naturalization proceedings for the purpose of cross-ex- 
 amining the petitioner and tlie witnesses produced in sup- 
 port of liis petition concerning any matter touching or in 
 any way affecting liis right to admission to citizenship, and 
 shall have the riglit to call witnesses, produce evidence, and 
 he heard in opposition to the granting of any petition iu 
 naturalization proceedings. 
 
 § 12. That it is hereby made the duty of the clerk of 
 each and every court exercising jurisdiction in naturaliza- 
 tion matters under the provisions of this act to keep and 
 file a duplicate of each declaration of intention made be- 
 fore him and to send to the Bureau of Immigration and 
 Naturalization at Washington, within thirty days after the 
 issuance of a certificate of citizenship, a duplicate of sucu 
 certificate, and to make and keep on file in his office a stub 
 for each certificate so issued by him, whereon shall be en- 
 tered a memorandum of all the essential facts set forth ia 
 such certicate. It shall also be the duty of the clerk of each 
 of said courts to report to the said bureau, within thirty 
 days after the final hearing and decision of the court, the 
 name of each and every alien who shall be denied natural- 
 ization, and to furnish to said bureau duplicates of all peti- 
 tions within thirty days after the filing of the same, and 
 certified copies of such other proceedings and orders insti- 
 tuted in or issued out of said court affecting or relating to 
 the naturalization of aliens as may be required from time 
 to time by the said bureau. 
 
 In case any such clerk or officer acting under his direc- 
 tion shall refuse or neglect to comply with any of the fore- 
 going provisions he shall forfeit and pay to the United 
 States the sum of twenty-five dollars in each and every case 
 in which such violation or omission occurs, and the amount 
 of such forfeiture may be recovered by the United States 
 in an action of debt against such clerk. 
 
 Clerks of court having and exercising jurisdiction in 
 naturalization matters shall be responsible for all blank 
 certificates of citizenship received by them from time to 
 time from the Bureau of Immigration and Naturalization, 
 and shall account for the same to the said bureau when- 
 ever required so to do by such bureau. No certificate of 
 citizenship received by any such clerk which may be de- 
 faced or injured in such manner as to prevent its use as 
 herein provided shall in any case be destroyed, but sucii 
 certificate shall be returned to the said bureau; and in case 
 any such clerk shall fail to return or properly account for 
 any certificate furnished by the said bureau, as herein pro- 
 vided, he shall be liable to the United States in the sum of 
 fifty dollars, to be recovered in an action of debt, for each 
 
STATE OF NORTH DAKOTA ^ 
 
 and every certificate not jjropcrly accounted for or re- 
 turned. 
 
 § 13. Tliat tlie clerk of eacli and every court exercis- 
 ing jurisdiction in naturalization cases shall charge, col- 
 lect, and account for the following fees in each proceeding: 
 
 For receiving and filing a declaration of intention and 
 issuing a duplicate thereof, one dollar. 
 
 For making, filing, and docketing the petition of an alien 
 for admission as a citizen of the United States and for the 
 final hearing thereon, two dollars; and for entering the 
 final order and tlie issuance of the certificate of citizenship 
 thereunder, if granted, two dollars. 
 
 The clerk of any court collecting such fees is hereby au- 
 thorized to retain one-half of the fees collected by him in 
 such naturalization proceeding; the remaining one-half of 
 the naturalization fees in each case collected by such clerks, 
 respectively, shall be accounted for in their quarterly ac- 
 counts, which they are hereby required to render the Bur- 
 eau of Immigration and Naturalization, and paid over to 
 such bureau within thirty days from the close of each quar- 
 ter in each and every fiscal year, and the moneys so re- 
 ceived shall be paid over to the disbursing clerk of the De- 
 partment of Commerce and Labor, who shall thereupon 
 deposit them in the treasury of the United States, render- 
 ing an account therefor quarterly to the auditor for the 
 State and other departments, and the said disbursing clerk 
 shall be held responsible under his bond for said fees so 
 received. 
 
 In addition to the fees herein required, the petitioner 
 shall, upon the filing of his petition to become a citizen of 
 the United States, deposit with and pay to the clerk of the 
 court a sum of money sufficient to cover the expenses of 
 subpoenaing and paying the legal fees of any witnesses for 
 whom he may request a subpoena, and upon the final dis- 
 charge of such witnesses they shall receive, if they demand 
 the same from the clerk, the customary and usual witness 
 fees from the moneys w^hich the petitioner shall have paid 
 to such clerk for such purpose, and the residue, if any, shall 
 be returned by the clerk to the petitioner; provided, that 
 the clerks of courts exercising jurisdiction in naturalization 
 proceedings shall be permitted to retain one-half of the 
 fees in any fiscal year up to the sum of three thousand dol- 
 lars, and that all fees received by such clerks in naturali- 
 zation proceedings in excess of such amount shall be ac- 
 counted for and paid over to said bureau as in case of 
 other fees to which the United States may be entitled under 
 the provisions of this act. The clerks of the various courts 
 exercising jurisdiction in naturalization proceedings shall 
 
46 ELECTION LAWS 
 
 pay all additional clerical force that may be required in 
 performing the duties imposed by this act upon the clerks 
 of courts from fees received by such clerks in naturalizi- 
 tion proceedings. 
 
 And in case the clerk of any court exercising naturaliza- 
 tion jurisdiction collects fees in excess of the sum of six 
 Ihousand dollars in any fiscal year the Secretary of Com- 
 merce and Labor may allow salaries, for naturalization 
 purposes only, to pay for clerical assistance, to be selected 
 and employed by that clerk, additional to the clerical force, 
 for which clerks of courts are required by this section to 
 pay from fees received by such clerks in naturalization 
 proceedings, if in the opinion of said secretary the natural- 
 ization business of such clerk warrants further additional 
 assistance; provided, that in no event shall the whole amount 
 allowed the clerk of a court and his assistants exceed the 
 one-half of the gross receipts of the oflice of said clerk 
 from naturalization fees during such fiscal year; provided 
 further, that when, at the close of any fiscal year; the busi- 
 ness of such clerk of court indicates in the opinion of the 
 Secretary of Commerce and Labor that the naturalization 
 fees for the succeeding fiscal year will exceed six thousand 
 dollars the Secretary of Commerce and Labor may au- 
 thorize the continuance of the allowance of salaries for the 
 additional clerical assistance herein provided for and em- 
 ployed on the last day of the fiscal year until such time as 
 the remittances indicate in the opinion of said secretary 
 that the fees for the then current fiscal year will not be suf- 
 ficient to allow the additional clerical assistance authorized 
 by this act. 
 
 That payment for the additional clerical assistance here- 
 in authorized shall be in the manner and under such regu- 
 lations as the Secretary of Commerce and Labor may pre- 
 scribe. 
 
 § 14. That the declarations of intention and the peti- 
 tions for naturalization shall be bound in chronological 
 order in separate volumes, indexed, consecutively num- 
 bered, and made part of the records of the court. Eacii 
 certificate of naturalization issued shall bear upon its face, 
 in a place prepared therefor, the volume number and page 
 number of the petition whereon such certificate was issued, 
 and the volume number- and page number of the stub of 
 such certificate. 
 
 § 15. That it shall be the duty of the United States 
 district attorneys for the respective districts, upon affidavit 
 showing good cause therefor, to institute proceedings in 
 any court having jurisdiction to naturalize aliens in the 
 
3TATE OF NORTH DAKOTA 47 
 
 judicial district in which the naturalized citizen may reside 
 at the tme of bringing the suit, for the purpose of setting 
 aside and canceling the certificate of citizenship on the 
 ground of fraud or on the ground that such certificate of 
 citizenship was illegally procured. In any sucfr proceed- 
 ings the party holding the certificate of citizenship alleged 
 to have been fraudulently or illegally procured shall have 
 sixty days' personal notice in which to make answer to the 
 petition of the United States; and if .the holder of such cer- 
 tificate be absent from the United States or from the dis- 
 trict in which he last had his residence, such notice shall 
 be given by publication in the manner provided for the ser- 
 vice of summons by publication or upon absentees by the 
 laws of the State or the place where such suit is brought. 
 
 If any alien who shall have secured a certificate of citi- 
 zenship under the provisions of this act shall, within five 
 years after the issuance of such certificate, return to the 
 country of his nativity, or go to any other foreign country, 
 and take permanent residence therein, it shall be consider- 
 ed prima facie evidence of a lack of intention on the part 
 of such alien to become a permanent citizen of the United 
 States at the time of filing his application for citizenship, 
 and, in the absence of countervailing evidence, it shall be 
 sufficient in the proper proceeding to authorize the cancel- 
 lation of his certificate of citizenship as fraudulent, and 
 the diplomatic and consular officers of the United States in 
 foreign countries shall from time to time, through the De- 
 partment of State, furnish the Department of Justice with 
 the names of those within their respective jurisdictions 
 who have such certificates of citizenship and who have 
 taken permanent residence in the country of their nativity, 
 or in any other foreign country, and such statements, duly 
 certified, shall be admissible in evidence in all courts in 
 proceedings to cancel certificates of citizenship. 
 
 Whenever any certificate of citizenship shall be set aside 
 or canceled, as herein provided, the court in which such 
 judgment or decree is rendered shall make an order can- 
 celing such certificate of citizenship and shall send a certi- 
 fied copy of such order to the Bureau of Immigration and 
 Naturalization; and in case such certificate was not origin- 
 ally issued by the court making such order it shall direct 
 the clerk of the court to transmit a copy of such order and 
 judgment to the court out of which such certificate of citi- 
 zenship shall have been originally issued. And it shaU 
 thereupon be the duty of the clerk of the court receiving 
 such certified copy of the order and judgment of the cou?t 
 to enter the same of record and to cancel such original cer- 
 tificate of citizenship upon the records and to notify the 
 
48 ELECTION LAWS 
 
 Bureau of Immigration and Naturalization of such cancel- 
 lation. 
 
 The provisions of this section shall apply not only to 
 certificate of citizenship issued under the provisions of 
 this act, Dut to all certificates of citizenship which may 
 have been issued heretofore by any court exercising juris- 
 diction in naturalization proceedings under prior laws. 
 
 § 16. That every person who falsely makes, forges, 
 counterfeits, or causes or procures to l3e falsely made, 
 forged, or counterfeited, or knowingly aids or assists in 
 falsely making, forging, or counterfeiting any certificate of 
 citizenship, with intent to use the same, or with the intent 
 that the same may be used by some other person or per- 
 sons, shall be guilty of felony, and a person convicted of 
 such offense shall be punished by imprisonment of not 
 more than ten years, or by a fine of not more than ten thou- 
 sand dollars, or by both such fine and imprisonment. 
 
 § 17. That every person who engraves or causes or 
 procures to be engraved, or assists in engraving, any plats 
 in the likeness of any plate designed for the printing of a 
 certificate of citizenship, or who sells any such plate, or 
 who brings into the United States from any foreign place 
 any such plate, except under the direction of the Secretar}^ 
 of Commerce and Labor, or other proper officer, and any 
 person who has in his control, custody, or possession any 
 metallic plate engraved after the similitude of any plate 
 from which any such certificate has been printed, with in- 
 tent to use such plate or suffer the same to be used in f org 
 ing or counterfeiting any such certificate or any part there- 
 of; and every person who prints, photographs, or in any 
 other manner causes to be printed, photogranhed, made, or 
 executed, any print or impression in the likeness of any 
 such certificate, or any part thereof, or who sells any such 
 certificate, or brings the same into the United States from 
 any foreign place, except by direction of some proper offi- 
 cer of the United States, or who has in his possession a dis- 
 tinctive paper which has been adopted by the proper offi- 
 cer of the United States for the printing of such certificate, 
 with intent to unlawfully use the same, shall be punished 
 by a fine of not more than ten thousand dollars, or by im- 
 prisonment at hard labor for not less than ten years, or by 
 both such fine and imprisonment. 
 
 § 18. That it is hereby made a felonv for any clerk 
 or other person to issue or be a party to the issuance of a 
 certificate of citizenship contrary to the provisions of this 
 act, except upon a final order under the hand of a court 
 having jurisdiction to make such order, and upon convic- 
 
STATE OF NORTH DAKOTA 49 
 
 tion thereof such clerk or other person shall be punished 
 by imprisonment for not more than five years and by a fine 
 of not more than five thousand dollars, in the discretion of 
 the court. 
 
 § 19. That every person who without lawful excuse 
 is possessed by any blank certificate of citizenship provid- 
 ed by the Bureau of Immigration and Naturalization, with 
 intent unlawfully to use the same, shall be imprisoned at 
 hard labor not more than five years or be fined not more 
 than one thousand dollars. 
 
 § 20. That any clerk or other officer of a court hav- 
 ing power under this act to naturalize aliens, who willfully 
 neglects to render true accounts of moneys received by him 
 for naturalization proceedings or who willfully neglects to 
 pay over any balance of such moneys due to the United 
 States within thirty days after said payment shall become 
 due and demand therefor has been made and refused, shall 
 be deemed guilty of embezzlement of the public moneys, 
 and shall be punishable by imprisonment for not more 
 than five years, or by a fine of not more than five thousand 
 dollars, or both. 
 
 § 21. That it shall be unlawful for any clerk of any 
 court or his authorized deputy or assistant exercising juris- 
 diction in naturalization proceedings to demand, charge, 
 collect or receive any other additional fees or moneys in 
 naturalization proceedings save the fees and moneys here- 
 in specified; and a violation of any of the provisions of 
 this section or any part thereof is hereby declared to be a 
 misdemeanor and shall be punished by imprisonment for 
 not more than two years, or by a fine of not more than one 
 thousand dollars, or by both such fine and imprisonment. 
 
 § 22. That the clerk of any court exercising jurisdic- 
 tion in naturalization proceedings, or any person acting 
 under authority of this act, who shall knowingly certify 
 that a petitioner, affiant, or witness named in an affidavit, 
 petition, or certificate of citizenship, or other paper or writ- 
 ing required to be executed under the provisions of this 
 act, personally appeared before him and was sworn there- 
 to, or acknowledged the execution thereof or signed the 
 same, when in fact such petitioner, affiant, or witness did 
 not personally appear before him, or was not sworn there- 
 to, or did not execute the same, or did not acknowledge 
 the execution thereof, shall be punished by a fine of not ex- 
 ceeding five thousand dollars, or by imprisonment not to 
 exceed five years. 
 
 § 23. That any person who knowingly procures nat- 
 uralization in violation of the provisions of this act shall 
 
50 ELECTION LAWS 
 
 be fined not more than five thousand dollars, or shall be 
 imprisoned not more than five years, or both, and upon 
 conviction the court in which such conviction is had shall 
 thereupon adjudge and declare the final order admitting 
 such person to citizenship void. Jurisdiction is hereby con- 
 ferred on the courts having jurisdiction of the trial of such 
 offense to make such adjudication. Any person who know- 
 ingly aids, advises, or encourages any person not entitled 
 thereto to apply for or to secure naturalization, or to file 
 the preliminary papers declaring an intent to become a 
 citizen of the United States, or who in any naturalization 
 proceeding knowingly procures or gives false testimony as 
 to any material fact, or who knowingly makes an affidavit 
 false as to any material fact required to be proved in sucii 
 proceeding, shall be fined not more than five thousand dol- 
 lars, or imprisoned not more than five years, or both. 
 
 § 24. That no person shall be prosecuted, tried, or 
 punished for crime arising under the provisions of this act 
 unless the indictment is found or the information is filed 
 within five years next after the commission of such crime. 
 
 § 25. That for the purpose of the prosecution of 11 
 crimes and offenses against the naturalization laws of the 
 United States which may have been committed prior to the 
 date when this act shall go into effect, the existing natural- 
 ization laws shall remain in full force and effect. 
 
 § 26. That sections twenty-one hundred and sixty- 
 five, twenty-one hundred and sixty-seven, twenty-one hun- 
 dred and sixty-eight, twenty-one hundred and seventy- 
 three of the Revised Statutes of the United States of Amer- 
 ica, and section thirty-nine of chapter one thousand and 
 twelve of the Statutes at Large of the United States of Amer- 
 ica for the year nineteen hundred and three, and all acts 
 or parts of acts inconsistent with or repugnant to the pro- 
 visions of this act are hereby repealed. 
 
 Sec. 27. That substantially the following forms shall be 
 used in the proceedings to which they relate: 
 
 DECLARATION OF INTENTION. 
 
 (Invalid for all purposes seven years after the date hereof.) 
 
 , SS: 
 
 I, , aged years, occupation 
 
 do declare on oath (affirm) that my personal description 
 
 is : Color , complexion , height , 
 
 weight , color of hair ; I was born in 
 
 on the ........ day of , anno Domini ; I now 
 
STATE OF NORTH DAKOTA 51 
 
 reside at ; I emigrated to the United States of 
 
 America from on the vessel ; my last for- 
 eign residence was It is my bona fide intentio^i 
 
 to renounce forever all allegiance and fidelity to any foreign 
 prince, potentate, state, or sovereignty, and particularly to 
 
 , of which I am now a citizen (subject) ; I arrived 
 
 at the (port) of , in the State (Territory or District) 
 
 of on or about the day of anno 
 
 Domini ; I am not an anarchist; I am not a poly- 
 
 gamist nor a believer in the practice of polgamy; and it is 
 my intention in good faith to become a citizen of the United 
 States of America and to permanently reside therein. So 
 help me God. 
 
 (Original signature of declarant) 
 
 Subscribed and sworn to (affirmed) before me this 
 
 day of , anno Domini 
 
 [L. S.] 
 
 (Official character of Attestor.) 
 
 PETITION FOR NATURALIZATION. 
 
 Court of 
 
 In the matter of the petition of to be admitted as a 
 
 citizen of the United States of America. 
 To the Court: 
 
 The petition of respectfully shows: 
 
 First. My full name is 
 
 Second. My place of residence is number street, 
 
 city of , State (Territory or District) of 
 
 Third. My occupation is 
 
 Fourth. I was born on the day of at 
 
 Fifth. I emigrated to the United States from , 
 
 on or about the day of , anno Domini 
 
 , and arrived at the port of , in the United 
 
 States, on the vessel 
 
 Sixth. I declared my intention to become a citizen of 
 
 the United States on the day of at ,, 
 
 in the Court of 
 
 Seventh. I am .... married. My wife's name is 
 
 She was born in and now resides at 1 
 
 have children, and the name, date, and place of 
 
 birth and place of residence of each of said children is as 
 follows : ; ; 
 
 Eighth. I am not a disbeliever in or opposed to organ- 
 ized government or a member of or affiliated with any or- 
 
52 ELECTION LAWS 
 
 ganization or body of persons teaching disbelief in organ- 
 ized government. I am not a polygamist nor a believer ia 
 the practice of polygamy. I am attached to the principles 
 of the Constitution of the United States, and it is my inten- 
 tion to become a citizen of the United States and to re- 
 nounce absolutely and forever all allegiance and fidelity to 
 any foreign prince, potentate, state, or sovereignty, and 
 
 particularly to , of which at this time I am a citizen 
 
 (or subject)* and it is my intention to reside permanently 
 in the United States. 
 
 Ninth. I am able to speak the English language. 
 
 Tenth. I have resided continuously in the United States 
 of America for a term of five years at least immediately 
 
 preceding the date of this petition, to-wit, since , 
 
 anno Domini , and in the State (Territory or Dis- 
 trict) of. ...... .for one year at least next preceding the 
 
 date of this petition, to-wit, since day of , 
 
 anno Domini 
 
 Eleventh. I have not heretofore made petition for citi- 
 zenship to any court. (I made petition for citizenship to 
 
 the court of at , and the said petition 
 
 was denied by the said court for the following reasons 
 
 and causes, to-wit, , and the cause of such 
 
 denial has since been cured or removed.) 
 
 Attached hereto and made a part of this petition are my 
 declaration of intention to become a citizen of the United 
 States and the certificate from the Department of Commerce 
 and Labor required by law. Wherefore your petitioner 
 prays that he may be admitted a citizen of the United States 
 of America. 
 
 Dated 
 
 (Signature of petitioner) 
 SS: 
 
 , being duly sworn, deposes and says that he 
 
 is the petitioner in the above-entitled proceeding; that he 
 has. read the foregoing petition and knows the contents 
 thereof; that the same is true of his own knowledge, except 
 as to matters stated to be alleged upon information and be- 
 lief, and that as to those matters he believes it to be true. 
 
 Subscribed and sworn to before me this day of 
 
 , anno Domini 
 
 . [L. S.] 
 
 Clerk 
 
 Clerk of the. ...... .Court. 
 
STATE OF NORTH DAKOTA '_^ 
 
 AFFIDAVIT OF WITNESSES. 
 
 Court of 
 
 In the matter of the petition of to be admitted a 
 
 citizen of the United States of America. 
 
 , SS: 
 
 , occupation , residing at , and 
 
 , ocicupation , residing at , each 
 
 being severally, duly and respectively sworn, deposes and 
 says that he is a citizen of the United States of America: 
 
 that he has personally known , the petitioner 
 
 above mentioned, to be a resident of the United States for 
 a period of at least five years continuously immediately 
 preceding the date of filing his petition, and of the State 
 (Territory or District) in which the above-entitled applica- 
 tion is made for a period of years immediately pre- 
 ceding the date of filing his petition; and that he has per- 
 sonal knowledge that the said petitioner is a person of good 
 moral character, attached to the principles of the Constitu- 
 tion of the United States, and that he is in every way quali- 
 fied, in his opinion, to be admitted as a citizen of the United 
 States. 
 
 Subscribed and sworn to before me this day of 
 
 , nineteen hundred and 
 
 (Official character of Attestor.) 
 
 CERTIFICATE OF NATURALIZATION. 
 
 Number 
 
 Petition, volume , page 
 
 Stub, volume , page 
 
 (Signature of holder) 
 
 Description of holder: Age ; height ; 
 
 color ; complexion ; color of eyes ; 
 
 color of hair ; visible distinguishing marks 
 
 Name, age and place of residence of wife Names, 
 
 ages and places of residence of minor children, , 
 
 , SS. 
 
 Be it remembered, that at a term of the 
 
 court of , held at , on the day of 
 
 , in the year of our Lord nineteen hundred and 
 
 , , who, previous to his (her) naturalization 
 
 was a citizen or subject of , at present residing at 
 
 number , street, city (town), 
 
54 ELECTION LAWS 
 
 State (Territory or District), having applied to be admitted 
 a citizen of the United States of America pursuant to law, 
 and the court having found that the petitioner had resided 
 continuously within the United States for at least five years 
 and in this State for one year immediately preceding the 
 date of the hearing of his (her) petition, and that said peti- 
 tioner intends to reside permanently in the United States, 
 had in all respects complied with the law in relation there- 
 to, and that.... he was entitled to be so admitted, it was 
 thereupon ordered by the said court that. . .he be admitted 
 as a citizen of the United States of America. 
 
 In testimony whereof the seal of said court is hereunto 
 
 affixed on the day of , in the year of our 
 
 Lord nineteen hundred and , and of our independ- 
 ence the 
 
 [L. S.] 
 
 (Official character of Attestor.) 
 
 STUB OF CERTIFICATE OF NATURALIZATION. 
 
 Number of certificate 
 
 Name ; age 
 
 Declaration of intention, volume. ...... page 
 
 Petition, volume , page 
 
 Name, age, and place of residence of wife , 
 
 Names, ages, and places of residence of minor children. 
 
 Date of order, volume , page 
 
 (Signature of holder) . . 
 Sig. 7. 
 
 § 28. That the Secretary of Gomerce and Labor shall 
 have power to make such rules and regulations as may 
 be necessary for properly carrying into execution the 
 various provisions of this act. Certified copies of all papers, 
 documents, certificates, and records required to be usei, 
 filed, recorded, or kept under any and all of the provisions 
 of this act shall be admitted in evidence equally with the 
 originals in any and all proceedings under this act and in 
 all cases in which the originals thereof might be admissible 
 as evidence. 
 
 § 29. That for the purpose of carrying into effect the 
 provisions of this act there is hereby appropriated the sum 
 of one hundred thousand dollars, out of any moneys in the 
 Treasury of the United States, not otherwise appropriated, 
 which appropriation shall be in full for the objects hereby 
 expressed until June 30, 1907 : and the provisions of Section 
 
STATE OF NORTH DAKOTA 55 
 
 3679 of the Revised Statutes of the United States shall not 
 be applicable in any way to this appropriation. 
 
 § 30. That all the applicable provisions of the natur- 
 alization laws of the United States shall apply to and be 
 held to authorize the admission to citizenship of all persons 
 not citizens who owe permanent allegiance to the United 
 States, and who may become residents of any State or or- 
 ganized Territory of the United States, with the following 
 modifications: The applicant shall not be required to re- 
 nounce allegiance to any foreign sovereignty; he shall make 
 his declaration of intention to become a citizen of the United 
 States at least two years prior to his admission; and resi- 
 dence within the jurisdiction of the United States, owing 
 such permanent allegiance, shall be regarded as residence 
 within the United States within the meaning of the five 
 years' residence clause of the existing law. 
 
 § 31. That this act shall take effect and be in force 
 from and after ninety days from the date of its passage; 
 provided, that Sections 1, 2, 28, and 29 shall go into effect 
 from and after the passage of this act. 
 
 § 2166. Honorably discharged soldiers are exempt froti 
 CERTAIN FORMALTiES.] Any alien, of the age of twenty-one 
 years and upward, who has enlisted, or may enlist, in the 
 armies of the United States, either the regular or the volun- 
 teer forces, and has been, or may be hereafter, honorably 
 discharged, shall be admitted to become a citizen of the 
 United States, upon his petition, without any previous de- 
 claration of his intention to become such; and he shall not 
 be required to prove more than one year's residence within 
 the United States previous to his application to become such 
 citizen; and the court admitting such alien shall, in addi- 
 tion to such proof of residence and good moral character, 
 as now provided by law, be satisfied by competent proof of 
 such person's having been honorably discharged from the 
 service of the United States. 
 
 § 2169. (As Amended, 1875). Aliens of African nativ- 
 ity AND DESCENT.]^ The provisious of this title shall apply 
 to aliens being free white persons, and to aliens of African 
 nativity and to persons of African descent. 
 
 § 2171. Naturalization to alien enemies prohibited.] 
 No alien who is a native citizen or subject, or a denizen of 
 any country, state, or sovereignty with which the United 
 States are at war, at the time of his application, shall be 
 then admitted to become a citizen of the United States; but 
 persons resident within the United States, or the territories 
 thereof, on the eighteenth day of June, 1812, who had be- 
 
56 ELECTION LAWS 
 
 fore that day made a declaration, according to law, of their 
 intention to become citizens of the United States, or who 
 were on that day entitled to become citizens without mak- 
 ing such declaration, may be admitted to become citizens 
 thereof, notwithstanding they were alien enemies at the 
 time and in the manner prescribed by the laws heretofbre 
 passed on that subject; nor shall anything herein contain- 
 ed be taken to construed to interfere with or prevent the 
 apprehension and removal, agreeably to law, of any alien 
 enemy at any time previous to the actual naturalization of 
 such alien. 
 
 § 2172. Children of persons naturalized under certain 
 LAWS TO BE CITIZENS.] The children of persons who have 
 been duly naturalized under any law of the United States, 
 or who, previous to the passing of any law on that subject, 
 by the Government of the United States, may have become 
 citizens of any one of the states, under the laws thereof, be- 
 ing under the age of twenty-one years at the time of the 
 naturalization of their parents, shall, if dwelling in the 
 United States, be considered as citizens thereof; and the 
 children of persons who now are, or have been, citizens of 
 the United States, shall, though born out of the limits and 
 jurisdiction of the United States, be considered as citizens 
 thereof; but no person heretofore proscribed by any state, 
 or who has been legally convicted of having joined the army 
 of Great Britain during the Revolutionary War, shall be 
 admitted to become a citizen without the consent of the 
 legislature of the state in which such person was proscribed. 
 
 § 2174. Alien seamen of merchant vessels.] Every 
 seaman, being a foreigner, who declares his intention of 
 bectoming a citizen of the United States in any competent 
 court, and shall have served three years on board of a mer- 
 chant vessel of the United States subsequent to the date of 
 such declaration, may, on his application to any competent 
 court, and the production of his certificate of discharge and 
 good conduct during that time, together with the certificate 
 of his declaration of intention to become a ctizen, be ad- 
 mitted a citizen of the United States; and every seaman, 
 being a foreigner, shall, after his declaration of intention 
 to become a citizen of the United States, and after he shall 
 have served such three years, be deemed a citizen of the 
 United States for the purpose of manning and serving on 
 board any merchant vessel of the United States, anything 
 to the contrary in any act of Congress notwithstanding; 
 but such seaman shall, for all purposes of protection as an 
 American citizen, be deemed such, after the filing of his 
 declaration of intention to become such citizen. 
 
STATE OF NORTH DAKOTA 57 
 
 § 14. Naturalization of Chinese prohibited.] That 
 hereafter no state court or court of the United States shall 
 admit Chinese to citizenship; and all laws in conflict with 
 this act are hereby repealed. 
 
 Aliens honorably discharged from service in navy or 
 MARINE CORPS.] Any alien of the age of twenty-one years 
 and upward who has enlisted or may enlist in the United 
 States Navy or Marine Corps, and has served or may here- 
 after serve five consecutive years in the United States Ma- 
 rine Corps, and has been or may hereafter be honorably 
 discharged, shall be admitted to become a citizen of the 
 United States upon his petition, without any previous de- 
 claration of his intention to become such; and the court 
 admitting such alien shall, in addition to proof of good 
 moral character, be satisfied competent proof of such per- 
 son's service in and honorable discharge from the United 
 States Navy or Marine Corps. 
 
 AN ACT TO VALIDATE CERTAIN CERTIFICATES Or 
 NATURALIZATION. 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled. 
 That naturalization certificates issued after the act approved 
 March 3, 1903, entitled "An act to regulate the immigration 
 of aliens into the United States," went into effect, which 
 fail to show that the courts issuing said certificates com- 
 plied with the requirements of Section 39 of said act, but 
 which were otherwise lawfully issued, are hereby declared 
 to be as valid as though said certificates complied with said 
 moral character, be satisfied by competent proof of such per- 
 section; provided, that in all such cases applications shall be 
 made for new naturalization with the provisions of said act 
 of 1903, they shall relate back to the defective certificates, 
 and citizenship shall be deemed to have been perfected at 
 the date of the defective certificate. i 
 
 Sec. 2. That all the records relating to naturalization, 
 all declarations of intention to become citizens of the United 
 States and all certificates of naturalization filed, recorded, 
 or issued prior to the time when this act takes effect in or 
 from the criminal court of Cook County, Illinois, shall for 
 all purposes be deemed to be and to have been made, filed, 
 recorded, or issued by a court with jurisdiction to natur- 
 alize aliens, but shall not be by this act further validated or 
 legalized. 
 
58 ELECTION LAWS 
 
 STATE CONSTITUTION. 
 
 [Adopted Oct. 1, 1889; yeas, 27,441; nays, 8,107.] 
 
 We, the people of North Dakota, grateful to Almighty God 
 for the blessings of civil and religious liberty, do ordain 
 and establish this constitution. 
 
 ARTICLE 1. — Declaration of Rights. 
 
 § 1. All men are by nature equally free and inde- 
 pendent and have certain inalienable rights, among which 
 are those of enjoying and defending life and liberty, acquir- 
 ing, possessing and protecting property and reputation; 
 and pursuing and obtaining safety and happiness. 
 
 § 2. All political power is inherent in the people. 
 Government is instituted for the protection, security and 
 benefit of the people, and they have a right to alter or re- 
 form the same whenever the public good may require. 
 
 § 3. The state of North Dakota is an inseparable part 
 of the American union and the constitution of the United 
 States is the supreme law of the land. 
 
 § 4. The free exercise and enjoyment of religious 
 profession and worship, without discrimination or prefer- 
 ence, shall be forever guaranteed in this state, and no per- 
 son shall be rendered incompetent to be a witness or juror 
 on account of his opinion on matters of religious belief; but 
 the liberty of conscience hereby secured shall not be so con- 
 strued as to excuse acts of licentiousness, or justify prac- 
 tices inconsistent with the peace or safety of this state. 
 
 § 5. The privilege of the writ of habeas corpus shall 
 not be suspended unless, when in case of rebellion or inva- 
 sion, the public safety may require. 
 
 § 6. All persons shall be bailable by sufficient sure- 
 ties, unless for capital offenses, when the proof is evidence 
 or the presumption great. Excessive bail shall not be re- 
 quired, nor excessive fines, imposed, nor shall cruel or un- 
 usual punishments be inflicted. Witnesses shall not be un- 
 reasonably detained, nor be confined in any room where 
 criminals are actually imprisoned. 
 
STATE OF NORTH DAKOTA 59 
 
 § 7. The right of trial by jury shall be secured to all, 
 and remain inviolate; but a jury in civil cases, in courts 
 not of record, may consist of less than twelve men, as may 
 be prescribed by law. 
 
 § 8. Until otherwise provided by law, no person shall 
 lor a felony, be proceeded against criminally, otherwise 
 than by indictment, except in cases arising in the land or 
 naval forces, or in the militia when in actual service in 
 time of war or pubic danger. In all other cases offenses 
 shall be prosecuted criminally by indictment or informa- 
 tion. The legislative assembly may change, regulate or 
 abolish the grand jury system. 
 
 § 9. Ever}^ man may freely write, speak and publish 
 his opinions on all subjects, being responsible for the abuse 
 of that privilege. In all civil and criminal trials for libel 
 the truth may be given in evidence, and shall be sufficient 
 defense when the matter is published with good motives 
 and for justifiable ends; and the jury shall have the same 
 power of giving a general verdict as in other cases; and in 
 all indictments or informations for libels the jury shall hav3 
 the right to determnie {he law and the facts under the direc- 
 tion of the court, as in other cases. 
 
 § 10. The citizens have a right, in a peacable man- 
 ner, to assemble together for the common good, and to ap- 
 ply to those invested with the powers of the government 
 for the redress of grievances, or for other purposes, by peti- 
 tion, address or remonstrance. 
 
 § 11. All laws of a general nature shall have a uni- 
 form operation. 
 
 § 12. The military shall be subordinate to the civil 
 power. No standing army shall be maintained by this state 
 in time of peace, and no soldiers shall, in time of peace, be 
 quartered in any house without the consent of the owner, 
 nor in time of war, except in the manner prescribed by 
 law. 
 
 § 13. In criminal prosecutions in any court what- 
 ever, the party accused shall have the right to a speedy and 
 public trial; to have the process of the court to compel the 
 attendance of witnesses in his behalf; and to appear and 
 defend in person and with counsel. No person shall be 
 twice put in jeopardy for the same offense, nor be compell- 
 ed in any criminal case to be a witness against himself, nor 
 be deprived of life, liberty or property without due process 
 of law. 
 
 § 14. Private property shall not be taken or damaged 
 for public use without just compensation having been first 
 
60 ELECTION LAWS 
 
 made to or paid into court for the owner and no right of way 
 shall be appropriated to the use of any corporation, other 
 than municipal, until full compensation therefor be first 
 made in money or ascertained and paid into court for the 
 owner, irrespective of any benefit from any improvement 
 proposed by such corporation, which compensation shall 
 be ascertained by a jury, unless a jury be waived. 
 
 § 15. No person shall be imprisoned for debt unless 
 upon refusal to deliver up his estate for the benefit of his 
 creditors, in such manner as shall be prescribed by law; or 
 in cases of tort; or where there is strong presumption or 
 fraud. 
 
 § 16. No bill of attainer, ex post facto law, or law 
 impairing the obligations of contracts shall ever be passed. 
 
 § 17. Neither slavery nor involuntary servitude, un- 
 less for the punishment of crime, shall ever be tolerated in 
 this state. 
 
 § 18. The right of the people to be secure in their 
 persons, houses, papers and effects, against unreasonable 
 searches and seizures, shall not be violated, and no war 
 rant shall issue but upon probable cause, supported by 
 oath or affirmation, particularly describing the place to be 
 searched and the persons and things to be seized. 
 
 § 19. Treason against the state shall consist only in 
 levying war against it, adhering to its enemies or giving 
 them aid and comfort. No person shall be convicted of 
 treason unless on the evidence of two witnesses to the same 
 overt act, or confession in open court. 
 
 § 20. No special privileges or immunities shall ever 
 be granted which may not be altered, revoked or repealed 
 by the legislative assembly; nor shall any citizen or class 
 of citizens be granted privileges or immunities which upon 
 the same terms shall not be granted to all citizens. 
 
 § 21. The provisions of this constitution are mandatory 
 and prohibitory unless, by express words, they are declared 
 to be otherwise. 
 
 § 22. All courts shall open, and every man for any 
 injury done him in his lands, goods, person or reputation 
 shall have remedy by due process of law, and right and 
 justice administered without sale, denial or delay. Suits 
 may be brought against the state in such manner, in such 
 courts and in such cases as the legislative assembly may, 
 by law, direct. 
 
STATE OF NORTH DAKOTA 61 
 
 § 23. Every citizen of this state shall be free to obtain 
 employment wherever possible, and any person, corpora- 
 tion, or agent thereof, maliciously interfering or hindering 
 in any way, any citizen from obtaining or enjoying em- 
 ployment already obtained, from any other corporation or 
 person, shall be deemed guilty of a misdemeanor. 
 
 § 24. To guard against transgressions of the high 
 powers which we have delegated, we declare that every- 
 thing in this article is excepted out of the general powers 
 of government and shall forever remain inviolate. 
 
 ARTICLE II. — Legislative Department. 
 
 § 25. The legislative power shall be vested in a sen- 
 ate and house of representatives. 
 
 § 26. The senate shall be composed of not less than 
 thirty nor more than fifty members. 
 
 § 27. Senators shall be elected for the term of four 
 years, except as hereinafter provided. 
 
 § 28. No person shall be a senator who is not a quali- 
 fied elector in the district in which he may be chosen, and 
 who shall not have attained the age of tweny-five years, 
 and have been a resident of the state or territory for two 
 years next preceding his election. 
 
 § 29. The legislative assembly shall fix the number 
 of senators, and divide the state into as many senatorial 
 districts as there are senators, which districts, as nearly as 
 may be, shall be equal to each other in the number of in- 
 habitants entitled to representation. Each district shall be 
 entitled to one senator and no more, and shall be composed 
 of compact and contiguous territory; and no portion of any 
 county shall be attached to any other county, or part thereof, 
 so as to form a district. The districts as thus ascertained and 
 determined shall continue until changed by law. 
 
 § 30. The senatorial districts shall be numbered con- 
 secutively from one upwards, according to the number of 
 districts prescribed, and the senators shall be divided into 
 two classes. Those elected in the districts designated by 
 even numbers shall constitute one class, and those elected 
 in districts designated by odd numbers shall constitute the 
 other class. The senators in one class elected in the year 
 1890 shall hold their office for two years, those of the other 
 class shall hold their office four years, and the determina- 
 tion of the two classes shall be by lot, so that one-half of 
 the senators, as nearly as practicable, may be elected bien- 
 nially. 
 
62 ELECTION LAWS 
 
 § 31. The senate at the beginning and close of each 
 regular session, and at such other times as may be neces- 
 sary, shall elect one of its members president pro tempore, 
 who may take the place of the lieutenant governor under 
 rules prescribed by law. 
 
 § 32. The house of representatives shall be composed 
 of not less than sixty nor more than one hundred and forty 
 members. 
 
 § 33. Representatives shall be elected for the term 
 of two years. 
 
 § 34. No person shall be a representative who is not a 
 qualified elector in the district from which he may be chosen, 
 and who shall not have attained the age of twenty-one 
 years, and have been a resident of the state or territory for 
 two years next preceding his election. 
 
 § 35. The members of the house of representatives 
 shall be apportioned to and elected at large from each sen- 
 atorial district. The legislative assembly shall, in the year 
 1895, and every tenth year, cause an enumeration to be 
 made of all the inhabitants of this state, and shall at its 
 first regular session after each enumeration, and also after 
 each federal census, proceed to fix by law the number of 
 senators which shall constitute the senate of North Dakota, 
 and the number of representatives which shall constitute 
 the house of representatives of North Dakota, within the 
 limits prescribed by this constitution, and at the same ses- 
 sion shall proceed to reapportion the state into senatorial 
 districts, as prescribed by this constitution, and to fix the 
 number of members of the house of representatives to be 
 elected from the several senatorial districts; provided, that 
 the legislative assembly may, at any regular session, redis- 
 trict the state into senatorial districts and apportion the 
 senators and representatives respectively. 
 
 § 36. The house of representatives shall elect one of 
 its members as speaker. 
 
 § 37. No judge or clerk of any court, secretary of 
 state, attorney general, register of deeds, sheriff or person 
 holding any office of profit under this state, except in the 
 militia, or the office of attorney at law, notary public or 
 justice of the peace, and no person holding any office of 
 profit or honor under any foreign government, or under 
 the government of the United States, except postmasters 
 whose annual compensation does not exceed the sum of 
 $300, shall hold any office in either branch of the legisla- 
 tive assembly or become a member thereof. 
 
STATE OF NORTH DAKOTA 63 
 
 § 38. No member of the legislative assembly expelled 
 for corruption, and no person convicted of bribery, perjury 
 or other infamous crime, shall be eligible to the legislative 
 assembly, or to any ofiice in either branch thereof. 
 
 § 39. No member of the legislative assembly shall, dur- 
 ing the term for which he was elected, be appointed or 
 elected to any civil office in this state, which shall have 
 been created, or the emoluments of which shall have been 
 increased, during the term for which he was elected; nor 
 shall any member receive any civil appointment from the 
 governor, or governor and senate, during the term for 
 which he shall have been elected. 
 
 § 40. If any person elected to either house of the legis- 
 lative assembly shall offer or promise to give his vote or 
 influence in favor of or against any measures or proposi- 
 tion pending or proposed to be introduced into the legisla- 
 tive assembly, in consideration, or upon conditions, that 
 any other person elected to the same legislative assembly 
 will give, or will promise or assent to give, his vote or in- 
 fluence in favor of or against any other measure or propo- 
 sition pending or proposed to be introduced into such legis- 
 lative assembly, the person making such offer or promise 
 shall be deemed guilty of solicitation of bribery. If anj' 
 member of the legislative assembly shall give his vote or 
 influence for or against any measure or proposition, pend- 
 ing or proposed to be introduced into such legislative as- 
 sembly, or offer, promise or assent so to do upon condition 
 that any other member will give, promise or assent to give 
 his vote or influence in favor of or against any other meas- 
 ure or proposition pending or proposed to be introduced in+.) 
 such legislative assembly, or in consideration that any other 
 member hath given his vote or influence for or against any 
 other measure or proposition in such legislative assembly, 
 he shall be deemed guilty of bribery. And any persoii, 
 member of the legislative assembly or person elected there- 
 to, who shall be guilty of either such offenses, shall be ex- 
 pelled, and shall not thereafter be eligible to the legislative 
 assembly, and on the conviction thereof, in the civil courts 
 shall be liable to such further penalty as may be prescribed 
 by law. 
 
 § 41. The term of service of the members of tide legisla- 
 tive assembly shall begin on the first Tuesday in January, 
 next after their election. 
 
 § 42. The members of the legislative assembly shall in 
 all cases except treason, felony and breach of the peace, be 
 privileged from arrest during their attendance at the ses- 
 
64 ELECTION LAWS 
 
 sions of their respective houses, and in going to or return- 
 ing from the same. For words used in any speech or de- 
 bate in either house, they shall not be questioned in any 
 other place. 
 
 § 43. Any member who has a personal or private in- 
 terest in any measure or bill proposed or pending before 
 the legislative assembly, shall disclose the fact to the house 
 of which he is a member and shall not vote thereon withoul 
 the consent of the house. 
 
 § 44. The governor shall issue writs of election to fill 
 such vacancies as may occur in either house of the legisla- 
 tive assembly. 
 
 § 45. Each member of the legislative assembly shall re- 
 ceive as a compensation for his services for each session, 
 five dollars per day, and ten cents for every mile of neces- 
 sary travel in going to and returning from the place of the 
 meeting of the legislative assembly on the most usual route. 
 
 § 46. A majority of the members of each house shall 
 constitute a quorum, but a smaller number may adjourn 
 from day to day, and may compel the attendance of absent 
 members in such a manner and under such a penalty as 
 may be prescribed by law. 
 
 § 47. Each house shall be the judge of the election re- 
 turns and the qualifications of its own members. 
 
 § 48. Each hause shall have the power to determine the 
 rules of proceeding, and punish its members or other per- 
 sons for contempt or disorderly behavior in its presence; 
 to protect its members against violence or offers of bribes 
 or private solicitation, and with the concurrence of two- 
 thirds, to expel a member; and shall have all other powers 
 necessary and usual in the legislative assembly of a free 
 state. But no imprisonment by either house shall continue 
 beyond thirty days. Punishment for contempt or disordei- 
 ly behavior shall not bar a criminal prosecution for the 
 same offense. 
 
 § 49. Each house shall keep a journal of its proceed- 
 ings, and the yeas and nays on any question shall be taken 
 and entered on the journal at the request of one-sixth of 
 those present. 
 
 § 50. The sessions of each house and of the committee 
 of the whole shall be open unless the business is such as 
 ought to be kept secret. 
 
 § 51. Neither house shall, without the consent of thci 
 other, adjourn for more than three days nor to any othe: 
 
STATE OF NORTH DAKOTA 65 
 
 place than that in which the two houses shall be sit- 
 ting, except in the case of epidemic, pestilence or other 
 great danger. 
 
 § 52. The senate and house of representatives jointly 
 shall be designated as the legislative assembly of the state 
 of North Dakota. 
 
 § 53. The legislative assembly shall meet at the seat o^ 
 government at 12 o'clock noon on the first Tuesday after 
 the first Monday in January, in the year next following the 
 election of the members thereof. 
 
 § 54. In all elections to be made by the legislative as 
 sembly, or either house thereof, the members shall vote 
 viva voce, and their votes shall be entered in the journal. 
 
 § 55. The sessions of the legislative assembly shall be 
 biennial, except as otherwise provided in this constitution. 
 
 § 56. No regular session of the legislative assembly 
 shall exceed sixty days, except in case of impeachment, but 
 the first session of the legislative assembly may continue 
 for a period of one hundred and twenty days. 
 
 § 57. Any bill may originate in either house of the leg- 
 islative assembly, and a bill passed by one house may b : 
 amended by the other. 
 
 § 58. No law shall be passed, except by a bill adopted 
 by both houses, and no bill shall he so altered and amended 
 on its passage through either house as to change its original 
 purpose. 
 
 § 59. The enacting clause of every law shall be as fol- 
 lows: "Be it enacted by the Legislative Assembly of the 
 State of North Dakota." 
 
 § 60. No bill for the appropriation of money, except for 
 the expenses of the government, shall be introduced after 
 the fortieth day of the session, except by unanimous con- 
 sent of the house in which it is sought to be introduced. 
 
 § 61. No bill shall embrace more than one subject, whicli 
 shall be expressed in its title, but a bill which violates this 
 provision shall be invalidated thereby only as to so much 
 thereof as shall not be so expressed. 
 
 § 62. The general appropriation bill shall embrace 
 nothing but appropriations for the expenses of the execu- 
 tive, legislative and judicial departments of the state, inter- 
 est on the public debt and for public schools. All other ap- 
 propriations shall be made by separate bills, each embrac- 
 ing but one subject. 
 
66 ELECTION LAWS 
 
 § 63. Every bill shall be read through three times, but 
 the first and second readings, and those only, may be upon 
 the same day; and the second reading may be by title of 
 the bill unless a reading at length be demanded. The first 
 and third readings shall be at length. No legislative day 
 shall be shorter than the natural day. 
 
 § 64. No bill shall be revised or amended, nor the pro- 
 visions thereof extended or incorporated in any other bill 
 by reference to its title only, but so much thereof as is re- 
 vised, amended or extended or so incorporated shall be re- 
 enacted and published at length. 
 
 § 65. No bill shall become a law except by a vote of a 
 majority of all the members-elect in each house, nor unless, 
 on its final passage, the vote be taken by yeas and nays, 
 and the names of those voting be entered on the journal. 
 
 § 66. The presiding officer of each house shall, in the 
 presence of the house over which he presides, sign all bills 
 and joint resolutions passed by the legislative assembly; 
 immediately before such signing their title shall be publicly 
 read and the fact of signing shall be at once entered on the 
 journal. 
 
 § 67. No act of the legislative assembly shall take effect 
 until July 1, after the close of the session, unless in case of 
 emergency (which shall be expressed in the preamble or 
 body of the act) the legislative assembly shall, by a vote of 
 two-thirds of all the members present in each house, other- 
 wise direct. 
 
 § 68. The legislative assembly shall pass all laws 
 necessary to carry into effect the provisions of this consti 
 tution. 
 
 § 69. The legislative assembly shall not pass local or 
 special laws in any of the following enumerated cases, that 
 is to say: 
 
 1. For granting divorces. 
 
 2. Laying out, opening, altering, or working roads or 
 highways, vacating roads, town plats, streets, alleys or pub- 
 lic grounds. 
 
 3. Locating or changing county seats. 
 
 4. Regulating county or township affairs. 
 
 5. Regulating the practice of courts of justice. 
 
 6. Regulating the jurisdiction and duties of justices of 
 the peace, police magistrates or constables. 
 
 7. Changing the rules of evidence in any trial or inquiry. 
 
STATE OF NORTH DAKOTA 67 
 
 8. Providing for changes of venue in civil or criminal 
 cases. 
 
 9. Declaring any person of age. 
 
 10. For limitation of civil actions, or givng effect to in 
 formal or invalid deeds. 
 
 11. Summoning or impaneling grand or petit juries. 
 
 12. Providing for the management of common schools. 
 
 13. Regulating the rate of interest on money. 
 
 14. The opening or conducting of any election or desig- 
 nating the place of voting. 
 
 15. The sale or mortgage of real estate belonging to 
 minors or others under disability. 
 
 16. Chartering or licensing ferries, toll bridges or toll 
 roads. 
 
 17. Remitting fines, penalties or forfeitures. 
 
 18. Creating, increasing or decreasing fees, percentages 
 or allowances of public officers. 
 
 19. Changing the law of descent. 
 
 20. Granting to any corporation, association or individ- 
 ual the right to lay down railroad tracks or any special or 
 exclusive privilege, immunity or franchise whatever. 
 
 21. For the punishment of crimes. 
 
 22. Changing the names of persons or places. 
 
 23. For the assessment or collection of taxes. 
 
 24. Affecting estates of deceased persons, minors or 
 others under legal disability. 
 
 25. Extending the time for collection of taxes. 
 
 26. Refunding money into the state treasury. 
 
 27. Relinquishing or extinguishing in whole or in part the 
 indebtedness, liability or obligation of any corporation or 
 person to this state or to any municipal corporation therein. 
 
 28. Legalizing, except as against the state, the unauth- 
 orized or invalid act of any officer. 
 
 29. Exempting property from taxation. ^'"^ 
 
 30. Restoring to citizenship persons convicted of infam- 
 ous crimes. 
 
 31. Authorizing the creation, extension or impairing of 
 liens. 
 
 32. Creating offices, or prescribing the powers or duties 
 of officers in counties, cities, townships, election or school 
 districts, or authorizing the adoption or legitimation of chil- 
 dren. 
 
68 ELECTION LAWS 
 
 33. Incorporation of cities, town or villages, or changing 
 or amending the charter of any town, city or village. 
 
 34. Providing for the election of members of the board of 
 supervisors in townships, incorporated towns or cities. 
 
 35. The protection of game or fish . 
 
 § 70. In all other cases where a general law can be made 
 applicable, no special law shall be enacted; nor shall the leg- 
 islative assembly indirectly enact such special or local law 
 by the partial repeal of a general law, but laws repealing lo- 
 cal or special acts may be passed 
 
 ARTICLE III. — Executive Department. 
 
 § 71. The executive power shall be vested in a governor, 
 who shall reside at the seat of government and shall hold his 
 office for the term of two years and until his successor is 
 elected and duly qualified. 
 
 § 72. A lieutenant governor shall be elected at the same 
 time and for the same term as the governor. In case of the 
 death, impeachment, resignation, failure to qualify, absence 
 from the state, removal from office, or the disability of the 
 governor, the powers and duties of the office, for the residue 
 of the term, or until he shall be acquitted or the disability re- 
 moved, shall devolve upon the lieutenant governor. 
 
 § 73. No person shall be eligible to the office of governor 
 or lieutenant governor unless he be a citizen of the United 
 States, and a qualified elector of the state, who shall have 
 attained the age of thirty years, and who shall have resided 
 five years next preceding the election within the state of ter- 
 ritory, nor shall he be eligible to any other office during the 
 term for which he shall have been elected. 
 
 § 74. The governor and lieutenant governor shall be 
 elected by the qualified electors for the state at the time and 
 places of chosing members of the legislative assembly. The 
 persons having the highest number of votes for governor and 
 lieutenant governor respectively shall be declared elected, 
 but if two ore more shall have an equal and highest number 
 of votes for governor or lieutenant governor, the two houses 
 of the legislative assembly at its next regular session shall 
 forthwith, by joint ballot, choose one of such persons for said 
 office. The returns of the election for governor and lieuten- 
 ant governor shall be made in such manner as shall be pre- 
 scribed by law. 
 
 § 75. The governor shall be commander-in-chief of the 
 military and naval forces of the state, except when they shall 
 
STATE OF NORTH DAKOTA 69 
 
 be called into the service of the United States, and may call 
 out the same to execute the laws, suppress insurrection and 
 repel invasion. He shall have power to convene the legisla- 
 tive sasembly on extraordinary occassions. He shall at the 
 commencement of each session communicate to the legisla- 
 tive assembly on extraordinary occassions. He shall at the 
 the state, and recommend such measures as he shall deem 
 expedient. He shall transact all necessary business with the 
 officers of the government, civil and military. He shall ex- 
 pedite all such measures as may be resolved upon by the 
 legislative assembly and shall take care that the laws be 
 faithfully executed. 
 
 Note — This section amended by Article 3, Amendments to the con- 
 stitution. 
 
 § 76. The governor shall have power to remit fines and 
 forfeitures, to grant reprieve, commutations and pardons 
 after conviction, for all offenses except treason and cases of 
 impeachment; but the legislative assembly may by law regu- 
 late the manner in which the remission of fines, pardons, 
 commutations and reprieves may be applied for. Upon con- 
 viction for treason he shall have power to suspend the execu- 
 tion of sentence until the case shall be reported to the legis- 
 lative assembly at its next regular session, when the legisla- 
 tive assembly shall either pardon or commute the sentence, 
 direct the execution of the sentence or grant further reprieve. 
 He shall communicate to the legislative assembly at each 
 regular session each case of remission of fine, reprieve,, com- 
 mutation, or pardon granted by him, stating the name of the 
 convict, the crime for which he is convicted, the sentence 
 and its date, and the date of the remission, commutation, 
 pardon or reprieve, with his reasons for granting the same. 
 
 § 77. The lieutenant governor shall be president of the 
 senate, but shall have no vote unless they be equally divid- 
 ed. If, during a vacancy in the office of governor, the lieu- 
 tenant governor shall be impeached, displaced, resign or die, 
 or from mental or physical disease, or otherwise become in- 
 capable of performing the duties of his office, the secretary 
 of state shall act as governor until the vacancy shall be filled 
 or the disability removed. 
 
 § 78. When any office shall from any cause become 
 vacant and no mode is provided by the constitution or law 
 for filling such vacancy, tlie governor shall have powcL' 
 to fill such vacancy by appointment. 
 
 § 79. Every bill which shall have passed the legislative 
 assembly shall, before it becomes a law, be presented to the 
 governor. If he approve, he shall sign, but if not, he shall 
 
70 ELECTION LAWS 
 
 return it with his objections, to the house in which it orig- 
 inated, which shall enter the objections at large upon the 
 journal, and proceed to reconsider it. If, after such recon- 
 sideration, two-thirds of the members-elect shall agree to 
 pass the bill, it shall be sent, together with the objections, 
 to the other house, by which it shall likewise be reconsidered, 
 and if it be approved by two-thirds of the members-elect, it 
 shall become a law; but in all such cases the vote of both 
 houses shall be determined by the yeas and nays, and the 
 names of the members voting for and against the bill shall 
 be entered upon the journal of each house respectively. If 
 any bill shall not be returned by the governor within three 
 days (Sundays excepted) after it shall have been presented 
 to him, the same shall be a law unless the legislative assem- 
 bly, by its adjournment, prevent its return, in which case it 
 shall be law unless he shall file the same with his objections 
 in the office of the secretary of state within fifteen days after 
 such adjournment. 
 
 § 80. The governor shall have power to disapprove of any 
 item or items or part or parts of any bill making appropria- 
 tons of money or property embracing distinct items, and the 
 part or parts of the bill approved shall be the law, and the 
 item or items and part or parts disapproved shall be void, 
 unless enacted in the following manner: If the legislative 
 assembly be in session he shall transmit to the house in 
 which the bill originated a copy of the item or items, or part 
 or parts thereof disapproved, together with his objections 
 thereto, and the items or parts objected to shall be separately 
 reconsidered, and each item or part shall then take the same 
 course as is prescribed for the passage of bills over the exe- 
 cutive veto. 
 
 § 81. Any governor of this state who asks, receives or 
 agrees to receive, any bribe upon any understanding that his 
 official opinon, judgment or action, shall be influenced there- 
 by, or who gives or offers, or promises his official influence 
 in consideration that any member of the legislative assembly 
 shall give his official vote or inffuence on any particular side 
 of any question or matter upon which he may be required to 
 act in his official capacity, or who menaces any member by 
 the threatened use of his veto power, or who offers or prom- 
 ises any member that he, the said governor will appoint any 
 particular person or persons to any office created or there- 
 after to be created, in consideration that any member shall 
 give his official vote or influence on any matter pending or 
 thereafter to be introduced into either house of said legisla- 
 tive assembly, or who threatens any member that he, the said 
 position with intent in any manner to influence the action oi 
 
STATE OF NORTH DAKOTA 71 
 
 said member, shall be punished in the manner now, or that 
 may hereafter, be provided by law, and upon conviction 
 thereof shall forfeit all right to hold or exercise any office of 
 trust or honor in this state. 
 
 § 82. There shall be chosen by the qualified electors of 
 the state, at the times and places of choosing members of 
 the legislative assembly, a secretary of state, auditor, treas- 
 urer, superintendent of public instruction, commissioner 
 of insurance, three commissioners of railroads, an attorney 
 general and one commissioner of agriculture and labor, 
 who shall have attained the age of twenty-five years, shall 
 be citizens of the United States, and shall have the qualifi- 
 cations of state electors. They shall severally hold their 
 offices at the seat of government, for the term of two years 
 and until their successors are elected and duly qualified, 
 but no person shall be eligible to the office of treasurer for 
 more than two consecutive terms. 
 
 § 83. The powers and duties of the secretary of state, 
 auditor, treasurer, superintendent of public instruction, 
 commissioner of insurance, commissioners of railroads, 
 attorney general and commissioner of agriculture and labor 
 shall be as prescribed by law. 
 
 § 84. Until otherwise provided by law, the governor shall 
 receive an annual salary of three thousand dollars; the 
 lieutenant governor shall receive an annual salary of one 
 thousand dollars; the secretary of state, auditor, treasurer, 
 superintendent of public instruction, commissioner of in- 
 surance, commissioners of railroads, and attorney general 
 shall each receive an annual salary of two thousand dollars; 
 the salary of the commissioner of agriculture and labor shall 
 be as prescribed by law, but the salaries of any of the said 
 officers shall not be increased or diminished during the 
 period for which they shall have been elected, and all fees 
 and profits arising from any of the said offices shall be cov- 
 ered into the state treasury. 
 
 ARTICLE IV. — Judicial Department. 
 
 § 85. The judicial power of the state of North Dakota 
 shall be vested in a supreme court, district courts, county 
 courts, justices of the peace, and in such other courts as 
 may be created by law for cities, incorporated towns and 
 villages. 
 
 § 86. The supreme court, except as otherwise provided 
 in this constitution, shall have appellate jurisdiction only, 
 which shall be co-extensive with the state and shall have a 
 
72 ELECTION LAWS 
 
 general superintending control over all inferior courts un- 
 der such regulations and limitations as may be prescribed 
 by law. 
 
 § 87. It shall have power to issue writs of habeas corpus, 
 mandamus, quo warranto, certiorari, injunction and such 
 other original and remedial writs as may be necessary to 
 the proper exercise of its jurisdiction, and shall have au- 
 thority to hear and determine the same; provided, however, 
 that no jury trial shall be allowed in said supreme court, but 
 in proper cases questions of fact may be sent by said court to 
 a district court for trial. 
 
 § 88. Until otherwise provided by law three terms of 
 the supreme court shall be held each year, one at the seat 
 of government, one at Fargo in the County of Cass, and one 
 at Grand Forks, in the County of Grand Forks. 
 
 Note — Under the provisions of an act of the legislature of 1909, two 
 general terms of the supreme court shall be held at the seat of 
 government, to be known as the April and October terms, and only- 
 special terms will be held at cities other than Bismarck upon twenty- 
 days previous published notice. 
 
 § 89. The supreme court shall consist of three judges, a 
 majority of whom shall be necessary to form a quorum or 
 pronounce a decision, but one or more of said judges ma)" 
 adjourn the court from day to day or to a day certain. 
 
 Note: — Five judges provided for by amendment adopted 
 1908. 
 
 § 90. The judges of the supreme court shall be elected 
 by the qualified electors of the state at large, and except as 
 may be otherwise provided herein for the first election for 
 judges under this constitution, said judges shall be elected 
 at general elections. 
 
 § 91. The term of office of the judges of the supreme 
 court except as in this article otherwise provided, shall be 
 six years, and they shall hold their offices until their suc- 
 cessors are duly qualified. 
 
 § 92. The judges of the supreme court shall, immedi- 
 ately after the first election under this constitution, be classi- 
 fied by lot so that one shall hold his office for the term of 
 three years, one for the term of five years, and one for the 
 term of seven years from the first Monday in December, \. 
 D. 1889. The lots shall be drawn by the judges, who shall 
 for that purpose assemble at the seat of government, and 
 they shall cause the result thereof to be certified to the sec- 
 retary of state of the territory and filed in his office, unless 
 the secretary of state of North Dakota shall have entered 
 
STATE OF NORTH DAKOTA 73 
 
 upon the duties of his office, in which event said certifica- 
 tion shall be filed therein. The judge having the shortest 
 term to serve, not holding his office by election or appoint- 
 ment to fill a vacancy, shall be chief justice and shall pre- 
 side at all terms of the supreme court, and in case of his 
 absence the judge having in like manner the next shortest 
 term to serve shall preside in his stead. 
 
 § 93. There shall be a clerk and also a reporter of the 
 supreme court, v^ho shall be appointed by the judges thereof, 
 and who shall hold their offices during the pleasure of said 
 judges, and whose duty and emoluments shall be pre- 
 scribed by law and by rules of the supreme court not in- 
 consistent with law. The legislative assembly shall make 
 provision for the publication and distribution of the decis- 
 ions of the supreme court and for the sale of the published 
 volumes thereof. 
 
 § 94. No person shall be eligible to the office of judge of 
 the supreme court unless he be learned in the law, be at least 
 thirty years of age and a citizen of the United States, nor 
 unless he shall have resided in this state or the territory of 
 Dakota three years next preceding his election. 
 
 § 95. Whenever the population of the state of North Da- 
 kota shall equal 600,000 the legislative assembly shall have 
 the power to increase the number of the judges of the su- 
 preme couft to five, in which event a majority of said court, 
 as thus increased, shall constitute a quorum. 
 
 Note — See Amendments, Article X. 
 
 § 96. No duties shall be imposed by law upon the su- 
 preme court or any of the judges thereof, except such as arc- 
 judicial, nor shall any of the judges thereof exercise any 
 power of appointment except as herein provided. 
 
 § 97. The style of all process shall be "The State of 
 North Dakota." All prosecutions shall be carried on in the 
 name and by the authority of the State of North Dakot i. 
 and conclude "against the peace and dignity of the State of 
 North Dakota." 
 
 § 98. Any vacancy happening by death, resignation or 
 otherwise in the office of judge of the supreme court shall 
 be filled by appointment, by the governor, which appoint- 
 ment shall continue until the first general election there- 
 after, when said vacancy shall be filled by election. 
 
 § 99. The judges of the supreme and district cour+s 
 shall receive such compensation for their services as may 
 be prescribed by law, which compensation shall not be in- 
 
74 ELECTION LAWS 
 
 creased or diminished during the term for which a judgi 
 shall have been elected. 
 
 § 100. In case a judge of the supreme court shall be hi 
 any way interested in a cause brought before said court the 
 remaining judges of said court shall call one of the district 
 judges to sit with them in the hearing of said cause. 
 
 § 101. When a judgment or decree is reversed or con- 
 firmed by the supreme court every point fairly arising up- 
 on the record of the case shall be considered and decided, 
 and the reasons therefor shall be concisely stated in writing, 
 signed by the judges concurring, filed in the office of the 
 clerk of the supreme court, and preserved with a record of 
 the case. Any judge dissenting therefrom may give tfie 
 reasons of his dissent in writing over his signature. 
 
 § 102. It shall be the duty of the court to prepare a syl- 
 labus of the points adjudicated in each case, which shall be 
 concured in by a majority of the judges thereof, and it shall 
 be prefixed to the published reports of the case. 
 
 § 103. The district courts shall have original jurisdic- 
 tion, except as otherwise provided in this constituion, of all 
 causes both at law and equity, and such appellate jurisdic- 
 tion as may be conferred by law. They and the judges 
 thereof shall also have jurisdiction and power to issue writs 
 of habeas corpus, quo warranto, certiorari, injunction and 
 other original and remedial writs, with authority to hear 
 and determine the same. 
 
 § ,104. The state shall be divided into six judicial dis- 
 tricts, in each of which there shall be elected at general 
 elections by the electors thereof one judge of the district 
 court therein whose term of office shall be four years from 
 the first Monday in January succeeding his election and un- 
 til his successor is duly qualified. This section shall not be 
 construed as governing the first election of district judges 
 under this constituion. 
 
 § 105. Until otherwise providea by law, said districts 
 shall be constituted as follows: 
 
 District No. 1 shall consist of the counties of Pembina, 
 Cavalier, Walsh, Nelson and Grand Forks. 
 
 District No. 2 shall consist of the counties of Ramsey, 
 Towner, Benson, Pierce, Rolette, Bottineau, McHenr5% 
 Church, Renville, Ward, Stevens, Mountraill, Garfield, 
 Flannery and Buford. 
 
 District No. 3 shall consist of the counties of Cass, Steele 
 and Traill. 
 
STATE OF NORTH DAKOTA 75 
 
 District No. 4 shall consist of the counties of Richland, 
 Ransom, Sargent, Dickey and Mcintosh. 
 
 District No. 5 shall consist of the counties of Logan, La 
 Moure, Stutsman, Barnes, Wells, Foster, Eddy and Griggs. 
 
 District No. 6 shall consist of the counties of Burleigh, 
 Emmons, Kidder, Sheridan, McLean, Morton, Oliver, Mer- 
 cer, Williams, Stark, Hettinger, Bowman, Billings McKen- 
 zie, Dunn, Wallace and Allred, and that portion of the 
 Sioux Indian reservation lying north of the seventh stand- 
 ing parallel. 
 
 Note — The first district now comprises the counties of Grand Forks 
 and Nelson; the second district comprises the counties of Benson, 
 Eddy, Ramsey, Rolette and Towner; the third district comprises the 
 counties of Cass, Steele and Traill; the fourth district comprises the 
 counties of Dickey, Mcintosh, Ransom, Richland and Sargent; the 
 fifth district comprises the counties of Barnes, Foster, Griggs, La- 
 Moure, Stutsman and Wells; the sixth district comprises the coun- 
 ties of Burleigh, Emmons, Kidder, Logan, McLean and Sheridan; 
 the seventh district comprises the counties of Cavalier, Pembina 
 and Walsh; the eighth district comprises the counties of Burke, 
 Divide, Renville and Ward; the ninth district comprises the coun- 
 ties of Bottineau, McHenry and Pierce; the tenth district comprises 
 the counties of Adams, Billings, Bowman, Dunn, Golden Valley, 
 Hettinger and Stark; the eleventh district comprises the counties 
 of Mountrail, McKenzie and Williams; the twelfth district com- 
 prises the counties of Mercer, Morton and Oliver. 
 
 § 106. The legislative assembly may, whenever two- 
 thirds of the members of each house shall concur therein, 
 but not oftener than once in four years, increase the number 
 of said judicial districts and the judges thereof; such districts 
 shall be formed from compact territory and bounded by 
 county lines, but such increase or change in the boundaries 
 of the districts shall not work the removal of any judgti 
 from his oflice during the term for which he may have been 
 elected or appointed. 
 
 § 107. No person shall be eligible to the office of district 
 judge, unless he be learned in the law, be at least twenty- 
 five years of age, and a citizen of the United States, nor un- 
 less he shall have resided within the state or territory of 
 Dakota at least two years next preceding his election, nor 
 unless he shall at the time of his election be an elector with- 
 in the judicial district for which he is elected. 
 
 § 108. There shall be a clerk of the district court in each 
 organized county in which a court is holden who shall be 
 elected by the qualified electors of the county, and shall 
 hold his office for the same term as other county officers. 
 He shall receive such compensation for his services as may 
 be prescribed by law. 
 
76 ELECTION LAWS 
 
 § 109. Writs of error and appeals may be allowed froiri 
 the decisions of the district courts to the supreme court un- 
 der such regulations as may be prescribed by law. 
 
 COUNTY COURTS. 
 
 § 110. There shall be established in each county a county 
 court which shall be a court of record, open at all times 
 and holden by one judge, elected by the electors of the 
 county, and whose term of office shall be two years. 
 
 § 111. The county court shall have exclusive original jur- 
 isdiction in probate and testamentary matters, the appoint- 
 ment of administrators and guardians, the settlement of tlvi 
 accounts of executors, administrators and guardians, the sale 
 of lands, by executors, administrators and guardians, and 
 such other probate jurisdiction as may be conferred by 
 law; provided, that whenever the voters of any county hav- 
 ing a population of 2,000 or over shall decide by a majorit}^ 
 vote that they desire the jurisdiction of said court increased 
 above that limited by this constitution, then said county 
 court shall have concurrent jurisdiction with the district 
 courts in all civil actions where the amount in controversy 
 does not exceed $1,000, and in all criminal actions below 
 the grade of felony, and in case it is decided by the voter:> 
 of any county to so increase the jurisdiction of said county 
 court, the jurisdiction in cases of misdemeanors arising un- 
 der state laws which may have been conferred upon police 
 magistrates shall cease. The qualifications of the judge of 
 the county court in counties where the jurisdiction of said 
 court shall have been increased shall be the same as those 
 of the district judge, except that he shall be a resident of 
 the county at the time of his election, and said county judge 
 shall receive such salary for his services as may be provid • 
 ed by law. In case the voters of any county decide to in- 
 crease the jurisdiction of said county courts, then such 
 jurisdiction as thus increased shall remain until otherwise 
 provided by law. 
 
 JUSTICES OF THE PEACE. 
 
 § 112. The legislative assembly shall provide by law for 
 the election of justices of the peace in each organized county 
 within the state. But the number of said justices to be 
 elected in each organized county shall be limited by law to 
 such a number as shall be necessary for the proper admin- 
 istration of justices. The justices of the peace herein pro- 
 vided for shall have concurrent jurisdiction with the dis- 
 trict court in all civil actions when the amount in contro- 
 versy, exclusive of costs, does not exceed $200, and in coun- 
 
STATE OF NORTH DAKOTA 77 
 
 ties where no county court with criminal jurisdiction exists 
 they shall have such jurisdiction to hear and determine 
 cases of misdemeanor as may be provided by law, but in 
 no case shall said justices of the peace have jurisdiction 
 when the boundaries of or title to real estate shall come in 
 question. The legislative assembly shall have power to 
 abolish the office of justice of the peace and confer that 
 jurisdiction upon judges of county courts or elsewhere. 
 
 POLICE MAGISTRATES. 
 
 § 113. The legislative assembly shall provide by law for 
 the election of police magistrates in cities, incorporated 
 towns and villages, who in addition to their jurisdictbn of 
 all cases arising under the ordinances of said cities, towns 
 and villages, shall be ex-oflicio justices of the peace of the 
 county in which said cities, towns and villages may be lo- 
 cated. And the legislative assembly may confer upon said 
 police magistrates the jurisdiction to hear, try and deter- 
 mine all cases of misdemeanors, and the prosecutions 
 therein shall be by information. 
 
 § 114. Appeals shall lie from the county court, final de- 
 cisions of justices of the peace and police magistrates in 
 such cases and pursuant to such regulations as may be pre- 
 scribed by law. 
 
 MISCELLANEOUS PROVISIONS. 
 
 § 115. The time of holding courts in the several counties 
 of a district shall be as prescribed by law, but at least two 
 terms of the district court shall be held annually in each 
 organized county, and the legislative assembly shall make 
 provisions for attaching unorganized counties or territories 
 to organized counties for judicial purposes. 
 
 § 116. Judges of the district courts may hold court ia 
 other districts than their own under such regulations as 
 shall be prescribed by law. 
 
 § 117. No judge of the supreme or district court shall 
 act as attorney or counselor at law. 
 
 § 118. Until the legislative assembly shall provide by 
 law for fixing the terms of court, the judges of the supreme 
 and district courts shall fix the terms thereof. 
 
 § 119. No judge of the supreme or district courts shall 
 be elected or appointed to any other than judicial offices 
 or be eligible thereto during the term for which he was 
 elected or appointed such judge. All votes or appoint- 
 
78 ELECTION LAWS 
 
 ments for either of them for any elective or appointive 
 office except that of judge of the supreme court, or district 
 court, given by the legislative assembly or the people, shall 
 be void. 
 
 § 120. Tribunals of conciliation may be established with 
 such powers and duties as shall be prescribed by law or 
 the powers and duties of such may be conferred upon other 
 courts of justice; but such tribunals or other courts when 
 sitting as such shall have no power to render judgment to 
 be obligatory on the parties, unless they voluntarily sub- 
 mit their matters of difference and agree to abide the judg- 
 ment of such tribunals or courts. 
 
 ARTICLE v.— Elective Franchise. 
 
 § 121. Every male person of the age of twenty-one years 
 or upwards belonging to either of the following classe;=J, 
 who shall have resided in the state one year, in the county 
 six months and in the precinct ninety days next preceding 
 any election, shall be deemed a qualified elector at such 
 election : 
 
 First. Citizens of the United States. 
 
 Second. Persons of foreign birth who shall have declared 
 their intention to become citizens one year and not more 
 than six years prior to such election, conformably to the 
 naturalization laws of the United States. 
 
 Third. Civilized persons of Indian descent who shall 
 have severed their tribal relations two years next preceding!; 
 such election. 
 
 Note — This section amended by Article 2, amendments to the con- 
 stitution. 
 
 § 122. The legislative assembly shall be empowered tj 
 make further extensions of suffrage hereafter, at its discre- 
 tion, to all citizens of mature age and sound mind, not con- 
 victed of crime, without regard to sex; but no law extend- 
 ing or restricting the right of suffrage shall be in force until 
 adopted by a majority of the electors of the state voting at 
 a general election. 
 
 § 123. Electors shall in all cases except treason, felony, 
 breach of the peace or illegal voting, be privileged from ar-. 
 rest on the days of election during their attendance at, going 
 to and returning from such election, and no elector shall be 
 obliged to perform military duty on the day of election, 
 except in time of war or public danger. 
 
STATE OF NORTH DAKOTA 79 
 
 § 124. The general elections of the state shall be biennial, 
 and shall be held on the first Tuesday after the first Monday 
 in November; provided, that the first general election un- 
 der this constitution shall be held on the first Tuesday after 
 the first Monday in November, A. D. 1890. 
 
 § 125. No elector shall be deemed to have lost his resi- 
 dence in this state by reason of his absence on business of 
 the United States or of this state or in the military or naval 
 service of the United States. 
 
 § 126. No soldier, seaman or marine in the army or navy 
 of the United States shall be deemed a resident of this state 
 in consequence of his being stationed therein. 
 
 § 127. No person v^ho is under guardianship, non com- 
 pos mentis, or insane, shall be qualified to vote at any elec- 
 tion, nor shall any person convicted of treason or felony, 
 unless restored to civil rights. 
 
 Note — This section amended by Article 2, amendments to the con- 
 stitution. 
 
 § 128. Any woman having the qualifications enumerat- 
 ed in section 121 of this article, as to age, residence and 
 citizenship, and including those now qualified by the laws 
 of the territory, may vote for all school officers, and upon 
 all questions pertaining solely to school matters, and be 
 eligible to any school office. 
 
 § 129. All elections by the people shall be by secret bal- 
 lot subject to such regulations as shall be provided by law. 
 
 ARTICLE VI. — Municipal Corporations. 
 
 § 130. The legislative assembly shall provide by general 
 law for the organization of municipal corporations, restrict- 
 ing their powers as to levying taxes and assessments, bor- 
 rowing money and contracting debts; and money raised by 
 taxation, loan or assessment for any purpose shall not be 
 diverted to any other purpose except by authority of law. 
 
 ARTICLE VII. — Corporations Other Than Municipal. 
 
 § 131. No charter of incorporation shall be granted, 
 changed or amended by special law, except in the case of 
 such municipal, charitable, educational, penal or reforma- 
 tory corporations as may be under the control of the state; 
 but the legislative assembly shall provide by general laws 
 for the organization of all corporations hereafter to be 
 created, and any such law, so passed, shall be subject to 
 future repeal or alteration. 
 
80 ELECTION LAWS 
 
 § 132. All existing charters or grants of special or ex- 
 clusive privileges, under which a bona fide organization 
 shall not have taken place and business been commenced 
 in good faith at the time this constitution takes effect, shall 
 thereafter have no validity. 
 
 § 133. The legislative assembly shall not remit the for- 
 feiture of the charter to any corporation now existing, nor 
 alter or amend the same, nor pass any other general or 
 special law for the benefit of such corporation, except upon 
 the condition that such corporation shall thereafter hold 
 its charter subject to the provisions of this constitution. 
 
 § 134. The exercise of the right of eminent domain shall 
 never be abridged, or so construed as to prevent the legis- 
 lative assembly from taking the property and franchises 
 of incorporated companies and subjecting them to public 
 use, the same as the property of individuals; and the exer- 
 cise of the police power of this state shall never be abridged, 
 or so construed as to permit corporations to conduct their 
 business in such a manner as to infringe the equal rights of 
 individuals, or the general well being of the state. 
 
 § 135. In all elections for directors or managers of a 
 corporation, each member of shareholder may cast the 
 whole number of his votes for one candidate, or distribute 
 them upon two or more candiates, as he may prefer. 
 
 § 136. No foreign corporation shall do business in this 
 state without having one or more places of business and an 
 authorized agent or agents in the same, upon whom pro- 
 cess may be served. 
 
 § 137. No corporation shall engage in any business otheu 
 than that expressly authorized in its charter. 
 
 § 138. No corporation shall issue stock or bonds except 
 for money, labor done, or money or property actually re- 
 ceived; and all fictitious increase of stock or indebtedness 
 shall be void. The stock and indebtedness or corporations 
 shall not be increased except in pursuance of general law, 
 nor without the consent of the persons holding the larger 
 amount in value of the stock first obtained at a meeting to 
 be held after sixty days' notice given in pursuance of law. 
 
 § 139. No law shall be passed by the legislative assem- 
 bly granting the right to construct and operate a street rail- 
 road, telegraph, telephone or electric light plant within any 
 city, town or incorporated village, without requiring the 
 consent of the local authorities having the control of the 
 street or highway proposed to be occupied for such pur- 
 poses. 
 
STATE OF NORTH DAKOTA 81 
 
 § 140. Every railroad corporation organized and doing 
 business in this state under the laws or authority thereof, 
 shall have and maintain a public office or place in the state 
 for the transaction of its business, v^here transfer of its 
 stock shall be made and in which shall be kept for public 
 inspection books in which shall be recorded the amount of 
 capital stock subscribed, and by whom, the names of the 
 owners of its stock and the amount owned by them respect- 
 ively; the amount of stock paid in and by whom and the 
 transfer of said stock; the amount of its assets and liabili- 
 ties and the names and place of residence of its officers. 
 The directors of every railroad corporation shall annually 
 make a report under oath to the auditor of public accounts, 
 or some officer or officers to be designated by law, of all 
 their acts and doings, which report shall include such mat- 
 ters relating to railroads as may be prescribed by law, and 
 the legislative assembly shall pass laws enforcing by suit- 
 able penalties the provisions of this section; provided, the 
 provisions of this section shall not be so construed as to 
 apply to foreign corporations. 
 
 § 141. No railroad corporation shall consolidate its 
 stock, property or franchise with any other railroad cor- 
 poration owning a parallel or competing line; and in no 
 case shall any consolidation take place except upon public 
 notice given at least sixty days to all stockholders, in such 
 manner as may be provided by law. Any attempt to evade 
 the provisions of this section by any railroad corporation 
 by lease or otherwise, shall work a forfeiture of its char- 
 ter. 
 
 § 142. Railways heretofore constructed, or that may 
 hereafter be constructed in this state, are hereby declared 
 public highways, and all railroads, sleeping cars, telegraph, 
 telephone and transportation companies of passengers, in- 
 telligence and freight are declared to be common carriers 
 and subject to legislative control; and the legislative assem- 
 bly shall have power to enact laws regulating and controll- 
 ing the rates of charges for the transportation of passen- 
 gers, intelligence and freight; as such common carriers, 
 from one point to another in this state; provided, that ap- 
 peal may be had to the courts of this state from the rates 
 so fixed; but the rates fixed by the legislative assembly or 
 board of railroad commissioners shall remain in force pend- 
 ing the decision of the courts. 
 
 § 143. Any association or corporation organized for the 
 purpose shall have the right to construct and operate a rail- 
 road between any points within this state, and to connect 
 at the state line with the railroads of other states. Everv 
 
82 ELECTION LAWS 
 
 railroad company shall have the right with its road to in- 
 tersect, connect with or cross any other, and shall receive 
 and transport each other's passengers, tonnage and cars, 
 loaded or empty, without delay or discrimination. 
 
 § 144. The term "corporation" as used in this article, 
 shall not be understood as embracing municipalities or po 
 litical subdivisions of the state unless otherwise expressly 
 stated, but it shall be held and construed to include all asso- 
 ciations and joint stock companies having any of the pow- 
 ers or privileges of corporations not posessed by individ- 
 uals or partnerships. 
 
 § 145. If a general banking law be enacted, it shall pro- 
 vide for the registry and countersigning by an officer of the 
 state, of all notes or bills designed for circulation, and that 
 ample security to the full amount thereof shall be deposited 
 with the state treasurer for the redemption of such notes or 
 bills. 
 
 § 146. Any combination between individuals, corpora- 
 tions, associations, or either, having for its object or effect 
 the controlling of the price of any product of the soil or any 
 article of manufacture of commerce, or the cost of exchanges 
 or transportation, is prohibted and hereby declared unlaw- 
 ful and against public policy; and any and all franchises 
 heretofore granted or extended, or that may hereafter be 
 granted or extended in this state, whenever the owner or 
 owners thereof violate this article, shall be deemed annulled 
 and become void. 
 
 ARTICLE VIII.— Education. 
 
 § 147. A high degree of intelligence, patriotism, integ- 
 rity and morality on the part of every voter in a government 
 by the people being necessary in order to insure the contin- 
 uance of that government and the prosperity and happiness 
 of the people, the legislative assembly shall make provision 
 for the establishment and maintenance of a sytem of pub- 
 lic schools which shall be open to all children of the State 
 of North Dakota and free from sectarian control. This leg- 
 islative requirement shall be irrevocable without the con- 
 sent of the United States and the people of Norih Dakota. 
 
 § 148. The legislative assembly shall provide, at its first 
 session after the adoption of this constituion, for a uniform 
 system for free public schools throughout the state, begin- 
 ning with the primary and extending through all grades up 
 to and including the normal and collegiate course. 
 
STATE OF NORTH DAKOTA 83 
 
 § 149. In all schools instruction shall be given as far as 
 practicable in those branches of knowledge that tend to im • 
 press upon the mind, the vital importance of truthfulness, 
 temperance, purity, public spirit, and respect for honest 
 labor of every kind. 
 
 § 150. A superintendent of schools for each county shall 
 be elected every two years, whose qualifications, dutiesj 
 powers and compensation shall be fixed by law. 
 
 § 151. The legislative assembly shall take such othev' 
 steps as may be necessary to prevent illiteracy, secure a 
 reasonable degree of uniformity in course of study, and to 
 promote industrial, scientific^ and agricultural improve- 
 ments. 
 
 § 152. All colleges, universities, and other educational in- 
 stitutions, for the support of which lands have been granted 
 to this state, or which are supported by a public tax, shall re- 
 main under the absolute and exclusive control of the state. 
 No money raised for the support of the public schools of 
 the state shall be appropriated to or used for the support 
 of any sectarian school. 
 
 ARTICLE IX. — School and Public Lands. 
 
 § 153. All proceeds of the public lands that have hereto- 
 fore been or may hereafter be granted by the United States 
 for the support of the common schools in this state; all such 
 per centum as may be granted by the United States on the 
 sale of public lands; the proceeds of property that shall fall 
 to the state by escheat; the proceeds of all gifts and dona- 
 tions to the state for common schools, or not otherwise ajv 
 propriated by the terms of the gift, and all other property 
 otherwise acquired for common schools, shall be and re- 
 main a perpetual fund for the maintenance of the common 
 schools of the state. It shall be deemed a trust fund, the 
 principle of which shall forever remain inviolate and may 
 be increased but never diminshed. The state shall make 
 good all losses thereof. 
 
 § 154. The interest and income of this fund together 
 with the net proceeds of all fines for violation of state laws, 
 and all other sums wMch may be added thereto by la v 
 shall be faithfully used and applied each year for the bene- 
 fit of the common schools of the state, and shall be for this 
 purpose apportioned among and between all the several 
 common school corporations of the state in proportion tj 
 the number of children in each of school age, as may be 
 fixed by law, and no part of the fund shall ever be diverted 
 
84 ELECTION LAWS 
 
 even temporarily, from this purpose, or used for any other 
 purpose whatever than the maintenance of common schools 
 for the equal benefit of all the people of the state; provided, 
 however, that if any portion of the interest or income afore- 
 said shall be not expended during any year, said portio'i 
 shall be added to and become a part of the school fund. 
 
 § 155. After one year from the assembling of the first 
 legislative assembly the lands granted to the state from the 
 United States for the support of the common schools may 
 be sold upon the following conditions and no other: No 
 more than one-fourth of all such lands shall be sold within 
 the first five years after the same become saleable by virtue 
 of this section. No more than one-half of the remainder 
 within ten years after the same become saleable as afore- 
 said. The residue may be sold at any time after the expir- 
 ation of said ten years. The legislative asembly shall pro- 
 vide for the sale of all school lands subject to the provisions 
 of this article. The coal lands of the state shall never be 
 sold, but the legislative assembly may by general laws pro- 
 vide for leasing the same. The words "coal lands" shall in- 
 clude lands bearing lignite coal. 
 
 § 156. The superintendent of public instruction, gover- 
 nor, attorney general, secretary of state and state auditor 
 shall constitute a board of commissioners, which shall be 
 denominated the "Board of University and School Lands" 
 and, subject to the provisions of this article, and any law 
 that may be passed by the legislative assembly, said board 
 shall have control of the appraisement, sale, rental and dis- 
 posal of all school and university lands, and shall direct 
 the investment of the funds arising therefrom in the hands 
 of the state treasurer, under the limitations in section 160 
 of this article. 
 
 § 157. The county superintendent of common schools, 
 the chairman of the county board and the county auditor 
 shall constitute boards of appraisal, and under the author- 
 ity of the state board of university and school lands shall 
 appraise all school lands within their respective counties 
 which they may from time to time recommend for sale at 
 their actual value under the prescribed terms, and shall 
 first select and designate for sale the most valuable lands. 
 
 § 158. No land shall be sold for less than the appraised 
 value and in no case for less than $10 per acre. The pur- 
 chaser shall pay one-fifth of the price in cash and the re- 
 maining four-fifths as follows : One-fifth in five years, one- 
 fifth in ten years, one-fifth in fifteen years and one-fifth in 
 twenty years, with interest at the rate of not less than six 
 
STATE OF NORTH DAKOTA 85 
 
 per centum, payable annually in advance. All sales shall 
 be held at the county seat of the county in which the land 
 to be sold is situate, and shall be at public auction and to 
 the highest bidder, after sixty days' advertisement of the 
 same in a newspaper of general circulation in the vicinity 
 of the lands to be sold, and one at the seat of government. 
 Such lands as shall not have been specially subdivided shall 
 be offered in tracts of one-quarter section, and those so sub- 
 divided in the smallest subdivisions. All lands designated 
 for sale and not sold within two years after appraisal shall 
 be reappraised before they are sold. No grant or patent 
 for any such lands shall issue until payment is made for 
 the same; provided, that the lands contracted to be sold by 
 the state shall be subject to taxation from the date of such 
 contract. In case the taxes assessed against any of said 
 lands for any year remain unpaid until the first Monday in 
 October of the following year, then and thereupon the con- 
 tract of sale of such lands shall become null and void. 
 
 Note — This section amended by amendments adopted in 1908 and 1912. 
 
 § 159. All land, money or other property donated, 
 granted or received from the United States or any other 
 source for a university, school of mines, reform school, ag- 
 ricultural college, deaf and dumb asylum, normal school or 
 other educational or charitable institution or purpose, and 
 the proceeds of all such lands and other property so re- 
 ceived from any source, shall be and remain perpetual 
 funds, the interest and income of which, together with the 
 rents of all such lands as may remain unsold, shall be in- 
 violably appropriated and applied to the specific objects of 
 the original grants or gifts. The principal of every such 
 fund may be increased but shall never be diminished, and 
 the interest and income only shall be used. Every such 
 fund shall be deemed a trust fund held by the state, and 
 the state shall make good all losses thereof. 
 
 § 160. All lands mentioned in the preceding section 
 shall be appraised and sold in the same manner and under 
 the same limitations and subject to all the conditions as to 
 price and sale as provided above for the appraisal and sale 
 of lands for the benefit of common schools; but a distinct 
 and separate account shall be kept by the proper officers 
 of each of said funds; provided, that the limitations as to 
 the time in which school land may be sold shall apply only 
 to lands granted for the support of common schools. 
 
 § 161. The legislative assembly shall have authority tc 
 provide by law for the leasing of lands granted to the stafe 
 lor educational and charitable purposes; but no such law 
 
86 ELECTION LAWS 
 
 shall authorize the leasing of said lands for a longer period 
 than five years. Said lands shall only be leased for pastur- 
 age and meadow purposes and at a public auction after 
 notice as heretofore provided in case of sale; provided, that 
 all of said school lands now under cultivation may be leased, 
 at the discretion and under the control of the board of uni- 
 versity and school lands, for other than pasturage and 
 meadow purposes until sold. All rents shall be paid in ad- 
 vance. 
 
 § 162. The moneys of the permanent school fund and 
 other educational funds shall be invested only in bonds of 
 school corporations within the state, bonds of the United 
 States, bonds of the State of North Dakota, or in first mort- 
 gages on farm lands in the state, not exceeding in amount 
 one-third of the actual value of any subdivision on which 
 the same may be loaned, such value to be determined by 
 the board of appraisers of school lands. 
 
 Note — This section amended by Article 8, amendments to the con- 
 stitution, also by Article 9, adopted 1908. 
 
 § 163. No law shall ever be passed by the legislative as- 
 sembly granting to any person, corporation or association 
 any privileges by reason of the occupation, cultivation or 
 improvement of any public lands by said person, corpora- 
 tion or association subsequent to the survey thereof by the 
 general government. No claim for the occupation, cultiva- 
 tion or improvement of any public lands shall ever be rec- 
 ognized, nor shall such occupation, cultivation or improve- 
 ment of any public lands ever be used to diminish either 
 directly or indirectly, the purchase price of said lands. 
 
 § 164. The legislative assembly shall have authority to 
 provide by law for the sale or disposal of all public lands 
 that have been heretofore, or may hereafter be granted by 
 the United States to the state for purposes other than set 
 forth and named in sections 153 and 159 of this article. And 
 the legislative assembly, in providing for the appraisement, 
 sale, rental and disposal of the same, shall not be subject 
 to the provisions and limitations of this article. 
 
 § 165. The legislative assembly shall pass suitable laws 
 for the safe keeping transfer and disbursement of the state 
 school funds; and shall require all officers charged with the 
 same or the safe keeping thereof to give ample bonds for all 
 moneys and funds received by them, and if any of said offi- 
 cers shall convert to his own use in any manner or form, or 
 shall loan with or without interest or shall deposit in his 
 own name, or otherwise than in the name of the state of 
 North Dakota, or shall deposit in any banks or with any 
 
STATE OF NORTH DAKOTA 87 
 
 person or persons, or exchange for other funds or property 
 any portion of the school funds aforesaid or purposely al- 
 low any portion of the same to remain in his own hands un- 
 invested, except in the manner prescribed by law, every 
 such act shall constitute an embezzlement of so much of the 
 aforesaid school funds as shall be thus taken or loaned, or 
 deposited, or exchanged, or withheld, and shall be a felony; 
 and any failure to pay over, produce or account for, the 
 state school funds or any part of the same entrusted to any 
 such officer, as by law required or demanded, shall be held 
 and be taken to be prima facie evidence of such embezzle- 
 ment. 
 
 ARTICLE X. — County and Township Organization. 
 
 § 166. The several counties in the territory of Dakota 
 lying north of the seventh standard parallel as they now 
 exist, are hereby declared to be counties of the state of 
 North Dakota. 
 
 § 167. The legislative assembly shall provide by general 
 law for organizing new counties, locating the county seats 
 thereof temporarily, and changing county lines, but no new 
 county shall be organized, nor shall any organized county 
 be so reduced as to include an area of less than twenty-four 
 congressional townships, and containing a population of 
 less than one thousand iDona fide inhabitants. And in the 
 organization of new counties and in changing the lines of 
 organized counties and boundaries of congressional town- 
 ships, the natural boundaries shall be observed as nearly as 
 may be. 
 
 § 168. All changes in the boundaries of organized coun- 
 ties before taking effect shall be submitted to the electors of 
 the county or counties to be affected thereby at a general 
 election and be adopted by a majority of all the legal votes 
 cast in each county at such election; and in case any por- 
 tion of an organized county is stricken off and added to aii- 
 other the county to which such portion is added shall as- 
 sume and be holden for an equitable proportion of the in- 
 debtedness of the county so reduced. 
 
 § 169. The legislative assembly shall provide by gen- 
 eral law, for changing county seats in organized counties, 
 but it shall have no power to remove the county seat of any 
 organized county. 
 
 § 170. The legislative assembly shall provide by general 
 law for township organization, under which any county 
 may organize, whenever a majority of all the legal voters 
 
88 ELECTION LAWS 
 
 of such county, voting at a general election, shall so deter- 
 mine, and whenever any county shall adopt township or- 
 ganization, so much of this constituion as provides for the 
 management of the fiscal concerns of said county by the 
 board of county commissioners, may be dispensed with by 
 a majority vote of the people voting at any general election; 
 end the affairs of said county may be transacted by the 
 chairmen of the several township boards of said county, 
 and such others as may be provided by law for incorporat- 
 ed cities, towns or villages within such county. 
 
 § 171. In any county that shall have adopted a sytem of 
 government by the chairmen of the several township boards, 
 the question of continuing the same may be submitted to 
 the electors of such county at a general election in such a 
 manner as may be provided by law, and if a majority of all 
 the votes cast upon such question shall be against said sys- 
 tem of government, then such system shall cease in said 
 county, and the affairs of said county shall then be trans- 
 acted by a board of county commissioners as is now pro- 
 vided by the laws of the territory of Dakota. 
 
 § 172. Until the system of county government by the 
 chairmen of the several township boards is adopted by any 
 county the fiscal affairs of said county shall be transacted 
 by a board of county commissioners. Said board shall con- 
 sist of not less than three and not more than five members, 
 whose terms of office shall be prescribed by law. Said 
 board shall hold sessions for the transaction of county busi- 
 ness as shall be provided by law. 
 
 § 173. At the first general election held after the adop- 
 tion of this constitution, and every two years thereafter, 
 there shall be elected- in each organized county in the state, 
 a county judge, clerk of court, register of deeds, county 
 auditor, treasurer, sheriff and state's attorney, who shall be 
 electors of the county in which they are elected, and who 
 shall hold their office until their successors are elected and 
 qualified. The legislative assembly shall provide by la'v 
 for such other county, township and district officers as may 
 be deemed necessary, and shall prescribe the duties and 
 compensation of all county, township and district officer^.. 
 The sheriff and treasurer of any county shall not hold their 
 respective offices for more than four years in succession. 
 
 ARTICLE XL— Revenue and Taxation. 
 
 § 174. The legislative assembly shall provide for raising 
 revenue sufficient to defray the expenses of the state for 
 each year, not to exceed in any one year four (4) milsl on the 
 
STATE OF NORTH DAKOTA 89 
 
 the dollar of the assesed valuation of all taxable property 
 in the state, to be ascertained by the last assessment made 
 for state and county purposes, and also a sufficient sum to 
 pay the interest on the state debt. 
 
 § 175. No tax shall be levied except in pursuance of law, 
 and every law imposing a tax shall state distinctly the ob- 
 ject of the same, to which only it shall be applied. 
 
 § 176. Laws shall be passed taxing by uniform rule 
 all property according to its true value in money, but the 
 property of the United States and the state, county and 
 municipal corporations, both real and personal, shall be 
 exempt from taxatioi*, and the legislative assembly shall by 
 a general law exempt from taxation property used exclu- 
 sively for school, religious, cemetery or charitable purposes 
 and personal property to any amount not exceeding in 
 value two hundred dollars for each individual liable to tax- 
 ation; but the legislative assembly may, by law, provide for 
 the payment of a per centum of gross earnings of railroad 
 companies to be paid in lieu of all state, county, township 
 and school taxes on property exclusively used in and about 
 the prosecution of the business of such companies as com- 
 mon carriers, but no real estate of said corporations shall 
 be exempted from taxation, in the same manner, and on the 
 same basis as other real estate is taxed, except road-bed, 
 right of way, shops and buildings used exclusively in their 
 business as common carriers, and whenever and so long as 
 such law providing for the payment of a per centum on 
 earnings shall be in force, that part of section 179 of this 
 article relating to assessment of railroad property shall 
 cease to be in force. 
 
 Note — ^Addenda to section 176, adopted in 1905. 
 
 § 177. All improvements on land shall be assessed in ac- 
 cordance with section 179, but plowing shall not be consid- 
 ered as an improvement or add to the value of land for the 
 purpose of assessment. 
 
 § 178. The power of taxation shall never be surrendered 
 or suspended by any grant or contract to which the state or 
 any county or other municipal corporation shall be a party. 
 
 § 179. All property, except as hereinafter in this section 
 provided, shall be assessed in the county, city, township, 
 town, village or district in which it is situated, in the man- 
 ner prescrbed by law. The franchise, roadway, road-bed, 
 rails and rolling stock of all railroads operated in this stat 3 
 shall be assessed by the state board of equalization at their 
 actual value and such assessed valuation shall be appor- 
 
90 ELECTION LAWS 
 
 tioned to the counties, cities, towns, townships and districts 
 in which said roads are located, as basis for taxation of such 
 property in proportion to the number of miles of railway 
 laid in such counties, cities, town, townships and districts. 
 
 Note — This section amended by Article 4, amendments to the con- 
 stitution. 
 
 § 180. The legislative assembly may provide for the 
 levy, collection and disposition of an annual poll tax of not 
 more than one dollar and fifty cents on every male inhabi- 
 tant of this state over twenty-one and under fifty years of 
 age, except paupers, idiots, insane persons and Indians not 
 taxed. 
 
 § 181. The legislative assembly shall pass all laws neces- 
 sary to carry out the provisions of this article. 
 
 ARTICLE XII.— Public Debt and Public Works. 
 
 § 182. The state may, to meet casual deficits or failure 
 in the revenue or in case of extraordinary emergencies con- 
 tract debts, but such debts shall never in the aggregate ex- 
 ceed the sum of $200,000, exclusive of what may be the debt 
 of North Dakota at the time of the adoption of this consti- 
 tution. Every such debt shall be authorized by law for cer- 
 tain purposes to be definitely mentioned therein, and every 
 such law shall provide for levying an annual tax sufficient 
 to pay the interest semi-annually, and the principal within 
 thirty years from the passage of such law, and shall speci- 
 ally appropriate the proceeds of such tax to the payment 
 of said principal and interest, and such appropriation shall 
 not be repealed nor the tax discontinued until such debt, 
 both principal and interest, shall have been fully paid. No 
 debt in excess of the limit named shall be incurred except 
 for the purpose of repelling invasion, suppressing insurrec- 
 tion, defending the state in time of war, or to provide for 
 public defense in case of threatened hostilities; but the is- 
 suing of new bonds to refund existing indebtedness, shall 
 not be construed to be any part or portion of said $200,000. 
 
 § 183. The debt of any county, township, city, town, 
 school district or any other political subdivsion, shall nev ;r 
 exceed five per centum upon the assessed value of the 
 taxable property therein; provided, that any incorporated 
 city may by a two-thirds vote, increase such indebtedness 
 three per centum on such assessed value beyond said five per 
 cent limit. In estimating the indebtedness which a city, 
 county, township, school district or any other political sub- 
 division may incur, the entire amount of existing indebted- 
 ness, whether contracted prior or subsequent to the adop- 
 
STATE OF NORTH DAKOTA 91 
 
 tion of this constituion shall be included; provided, further, 
 that any incorporated city may become indebted in any 
 amount not exceeding four per centum on such assessed 
 value, without regard to the existing indebtedness of such 
 city, for the purpose' of constructing or purchasing water 
 works for furnishing a supply of water to the inhabitants ot 
 such city, or for the purpose of constructing sewers, and for 
 no other purpose whatever. All bonds or obligations in ex- 
 cess of the amount of indebtedness permitted by this con- 
 stitution, given by any city, county, township, town, school 
 district or any other political subdivision, shall be void. 
 
 § 184. Any city, county, township, town, school district 
 or any other political subdivision incurring indebtedne ;S 
 shall at or before the time of so doing, provide for the col- 
 lection of an annual tax sufficient to pay the interest and 
 also the principal thereof when due, and all laws or ordi- 
 nances providing for the payment of the interest or princi- 
 pal of any debt shall be irrepealable until such debt be 
 paid. 
 
 § 185. Neither the state, nor any county, city, township, 
 town, school district or any other political subdivision shall 
 loan or give its credit or make donations to or in aid x)f any 
 individual, association or corporation, except for necessary 
 support of the poor, nor subscribe to or become the owner 
 of the capital stock of any association or corporation, nor 
 shall the state engage in any work of internal improvement 
 unless authorized by a two-thirds vote of the people. 
 
 § 186. No money shall be paid out of the state treasury 
 except upon appropriation by law and on warant drawn by 
 the proper oflicer, and no bills, claims, acounts or demands 
 against the state or any county or other political subdivis- 
 ion, shall be audited, allowed or paid until a full, itemized 
 statement in writing shall be filed with the officer or officers 
 whose duty it may be to audit the same. 
 
 § 187. No bond or evidence of indebtedness of the stat^ 
 shall be valid unless the same shall have endorsed thereon 
 a certificate signed by the auditor and secretary of state, 
 showing that the bond or evidence of debt is issued pursu- 
 ant to law and is within the debt limit. No bond or evi- 
 dence of debt of any county, or bond of any township or 
 other political subdivision shall be valid unless the same 
 have endorsed thereon a certificate signed by the county 
 auditor, or other officer authorized by law to sign such cer- 
 tificate, stating that said bond, or evidence of debt is issued 
 pursuant to law and is within the debt limit. 
 
92 ELECTION LAWS 
 
 ARTICLE XIIL— Militia. 
 
 § 188. The militia of this state shall consist of all able 
 bodied male persons residing in the state, between the ages 
 of eighteen and forty-five years, except such as may be ex- 
 empted by the laws of the United States or of this state. 
 Persons whose religious tenets or conscientious scruples for- 
 bid them to bear arms shall not be compelled to dp so in 
 times of peace, but shall pay an equivalent for a personal 
 service. 
 
 § 189. The militia shall be enrolled, organized, uniform- 
 ed, armed disciplined in such a manner as shall be provid- 
 ed by law, not incompatible with the constituion or laws of 
 the United States. 
 
 § 190. The legislative assembly shall provide by law for 
 the establishment of volunteer organizations of the several 
 arms of the service which shall be classed as active militia; 
 and no other organized body of armed men shall be per^ 
 mitted to perform military duty in this state except the 
 army of the United States, without the proclamaion of the 
 governor of the state. 
 
 § 191. All militia officers shall be appointed or elected 
 in such a manner as the legislative assembly shall provide. 
 
 § 192. The commissioned officers of the militia shall be 
 commissioned by the governor, and no commissioned offi- 
 cer shall be removed from office except by sentence of court 
 martial, pursuant to law. 
 
 § 193. The militia forces shall in all cases, except trea- 
 son, felony or breach of the peace, be privileged from arrest 
 during their attendance at musters, parades and elections 
 of officers, and in going to and returning from the same. 
 
 ARTICLE XIV. — Impeachment and Removal From Office. 
 
 § 194. The house of representatives shall have the sole 
 power of impeachment. The concurrence of a majority of 
 all members elected shall be necessary to an impeachment. 
 
 § 195. All impeachments shall be tried by the senat-. 
 When sitting for that purpose the senators shall be upon 
 oath or affirmation to do justice according to the law ani 
 evidence. No person shall be convicted without the con- 
 currence of two-thirds of the members elected. When the 
 governor or lieutenant governor is on trial the presiding 
 judge of the supreme court shall preside. 
 
STATE OF NORTH DAKOTA 93 
 
 § 196. The governor and other state and judicial officers 
 except county judges, justices of the peace and police mag- 
 istrates, shall be liable to impeachment for habitual drunk- 
 enness, crimes, corrupt conduct, or malfeasance, or mis- 
 demeanor in office, but judgment in such cases shall not 
 extend further than removal from office and disqualifica- 
 tion to hold any office of trust or profit under the state. The 
 person accused, whether convicted or acquitted, shall never- 
 theless be liable to indictment, trial, judgment and punish- 
 ment according to law. 
 
 § 197. All officers not liable to impeachment, shall be 
 subject to removal for misconduct, malfeasance, crime or 
 misdemeanor in office, or for habitual drunkenness or gross 
 incompetency in such manner as may be provided by law. 
 
 § 198. No officer shall exercise the duties of his office 
 after he shall have been impeached and before his acquit- 
 tal. 
 
 § 199. On trial of impeachment against the governor, 
 the lieutenant governor shall not act as a member of the 
 court. 
 
 § 200. No person shall be tried on impeachment before 
 he shall have been served with a copy thereof, at least twenty 
 days previous to the day set for trial. 
 
 § 201. No person shall be liable to impeachment twice 
 for the same offense. 
 
 ARTICLE XV.— Future Amendments. 
 
 § 202. Any amendment or amendments to this constitu- 
 tion may be proposed in either house of the legislative as- 
 sembly; and if the same shall be agreed to by a majority of 
 the members elected to each of the two houses, such pro- 
 posed amendment shall be entered on the journal of the 
 house with the yeas and nays taken thereon, and referred 
 to the legislative assembly to be chosen at the next general 
 election, and shall be published, as provided by law, for 
 three months previous to the time of making such choice, 
 and if in the legislative assembly so next chosen as afore- 
 said such proposed amendment or amendments, shall be 
 agreed to by a majority of all the members elected to each 
 house, then it shall be the duty of the legislative assembly 
 to submit such proposed amendment or amendments to the 
 people in such manner and at such time as the legislative 
 assembly shall provide; and if the people shall approve and 
 ratify such amendment or amendmnets by a majority of 
 the electors qualified to vote for members of the legislative 
 
94 ELECTION LAWS 
 
 assembly voting thereon, such amendment or amendments 
 shall become a part of the constitution of this state. If two 
 or more amendments shall be submitted at the same time 
 they shall be submitted in such manner that the electors 
 shall vote for or against each of such amendments separ- 
 ately. 
 
 ARTICLE XVI. — Compact With the United States. 
 
 § 203. The following article shall be irrevocable without 
 the consent of the United States and the people of this 
 state : 
 
 First. Perfect toleration of religious sentiment shall be 
 secured, and no inhabitant of this state shall ever be molest- 
 ed in person or property on account of his or her mode of 
 religious worship. 
 
 Second. The people inhabiting this state do agree and 
 declare that they forever disclaim all right and title to the 
 unappropriated public lands lying within the boundaries 
 thereof, and to all lands lying within said limits owned or 
 held by any Indian or Indian tribes, and that until the title 
 thereto shall have been extinguished by the United State;;, 
 the same shall be and remain subject to the disposition of 
 the United States, and that said Indian lands shall remain 
 under the absolute jurisdiction and control of the congress 
 of the United States; that the lands belonging to citizens of 
 the United States residing without this state shall never be 
 taxed at a higher rate than the lands belonging to residents 
 of this state; that no taxes shall be imposed by this state oil 
 lands or property therein, belonging to, or which may here- 
 after be purchased by the United States or reserved for its 
 use. But nothing in this article shall preclude this state 
 from taxing as other lands are taxed, any lands owned or 
 held by any Indian who has severed his tribal relations, and 
 has obtained from the United States or from any person, f> 
 title thereto, by patent or other grant save and except such 
 lands as have been or may be granted to any Indian or In- 
 dians under any acts of congress containing a provision ex- 
 empting the lands thus granted from taxation, which last 
 mentioned lands shall be exempt from taxation so long, 
 and to such extent, as is, or may be provided in the act of 
 congress granting the same. 
 
 Third. In order that payment of the debts and liabilities 
 contracted or incurred by and on behalf of the territory of 
 Dakota may be justly and equitably provided for and made, 
 and in pursuance of the requirements of an act of congress 
 approved February 22, 1889, entitled, "An act to provide for 
 
STATE OF NORTH DAKOTA 95 
 
 the division of Dakota into two states and to enable the peo- 
 ple of North Dakota, South Dakota, Montana and Washing- 
 ton to form constitutions and other state governments and to 
 be admitted into the union on an equal footing with the 
 original states and to make donations of public lands to 
 such states," the state of North Dakota and South Dakota 
 by proceedings of a joint commission, duly appointed un- 
 der said act, the sessions whereof were held at Bismarck, in 
 said state of North Dakota, from July 16, 1889, to July 31, 
 1889, inclusive, have agreed to the following adjustment of 
 the amounts of the debts and liabilities of the territory of 
 Dakota, which shall be assumed and paid by each of the 
 states of North Dakota and South Dakota, respectively to- 
 wit: 
 
 This agreement shall take effect and be in force from and 
 after the admission into the union as one of the United 
 States of America, of either the state of North Dakota or 
 the state of South Dakota." 
 
 The words "State of North Dakota,' wherever used in 
 this agreement, shall be taken to mean the territory of North 
 Dakota in case the State of South Dakota shall be admitted 
 into the union prior to the admission into the union of the 
 state of North Dakota; and the words "State of South Da- 
 kota," wherever used in this agreement, shall be taken to 
 mean the territory of South Dakota in case the state of 
 North Dakota shall be admitted into the union prior to the 
 admission into the union of the state of South Dakota. 
 
 The said state of North Dakota shall assume and pay all 
 bonds issued by the territory of Dakota to provide funds for 
 the purchase, construction, repairs, or maintenance of such 
 public institutions, grounds or buildings as are located 
 within the boundaries of North Dakota, and shall pay all 
 warrants issued under and by virtue of that certain act of 
 the legislative assembly of the territory of Dakota, approv- 
 ed March 8, 1889, entitled, "An act to provide for the re- 
 funding of outstanding warrants drawn on the capitol 
 building fund." 
 
 The state of South Dakota shall assume and pay all bonds 
 issued by the territory of Dakota to provide funds for the 
 purchase, construction, repairs or maintenance of such pub- 
 lic institutions, grounds or buildings as are located within 
 the boundaries of South Dakota. 
 
 That is to say: The state of North Dakota shall assume 
 and pay the following bonds and indebtedness, towit: 
 
 Bonds issued on account of the hospital for insane a I 
 Jamestown, North Dakota, the face aggregate of which is 
 $266,000; also bonds issued on account of the North Dakota 
 
96 ELECTION LAWS 
 
 university at Grand Forks, North Dakota, the face aggre- 
 gate of which is $96,700; also bonds issued on account of 
 the penitentiary at Bismarck, North Dakota, the face aggre- 
 gate of which is $93,600; also, refunding capitol building 
 warrants dated April 1, 1889, $83,507.46. 
 
 And the state of South Dakota shall assume and pay the 
 following bonds and indebtedness, towit : 
 
 Bonds issued on account of the hospital for the insane at 
 Yankton, South Dakota, the face aggreate of which is $210,- 
 000; also bonds issued on account of the school for deaf 
 mutes at Sioux Falls, South Dakota, the face aggregate of 
 which is $51,000; also bonds issued on account of the uni 
 versity at Vermillion, South Dakota, the face aggregate oi 
 which is $75,000; also, bonds issued on account of the peni- 
 tentiary at Sioux Falls, South Dakota, the face aggregate of 
 which is $94,300; also, bonds issued on acount of the agri- 
 cultural college at Brookings, South Dakota, the face aggre- 
 gate of which is $97,500; also, bonds issued on account of 
 the normal school at Madison, South Dakota, the face ag- 
 gregate of which is $49,400.00; also bonds issued on account 
 of the school of mines at Rapid City, South Dakota, the face 
 aggregate of which is $33,000; also bonds issued on account 
 of the reform school at Plankinton, South Dakota, the face 
 aggregate of which is $30,000; also, bonds issued on account 
 of the normal school at Spearfish, South Dakota, the fac^ 
 aggregate of which is $25,000; also, bonds issued on account 
 of the soldiers' home at Hot Springs, South Dakota, the face 
 aggregate of which is $45,000. 
 
 The states of North Dakota and South Dakota shall pay 
 one-half each of all liabilities now existing or hereafter and 
 prior to the taking effect of this agreement incurred, except 
 those heretofore or hereafter incurred on acount of public 
 institutions, grounds or buildings, except as otherwise here- 
 in specifically provided. 
 
 The State of South Dakota shall pay to the State of Nort i 
 Dakota $46,500, on account of the excess of territorial ap- 
 propriations for the permanent improvement of territorial 
 institutions which under this agreement will go to South 
 Dakota, and in full of the undivided one-half interest of 
 North Dakota in the territorial library, and in full settle- 
 ment of unbalanced accounts, and of all claims against the 
 territory of whatever nature, legal or equitable, arising out 
 of the alleged erroneous or unlawful taxation of Northern 
 Pacific railroad lands, and the payment of said amount 
 shall discharge and exempt the state of North Dakota from 
 all liability for or on account of the several matters herein- 
 before referred to; nor shall either state be called upon to 
 
STATE OF NORTH DAKOTA 97 
 
 pay or answer to any portion of liability hereafter arising 
 or accruing on account of transactions heretofore had, 
 which liability would be a liability of the territory of Da- 
 kota had such territory remained in existence, and which 
 liability shall grow out of matters connected with any pub- 
 lic institutions, grounds or buildings of the territory situat- 
 ed or located within the boundaries of the other state. 
 
 A final adjustment of accounts shall be made upon the 
 following basis: North Dakota shall be charged with all 
 sums paid on account of the public institutions, grounds or 
 buildings located within its boundaries on account of the 
 current appropriations since March 9, 1889; and South Da- 
 kota shall be charged with all sums paid on account of pub- 
 lic institutions, grounds, or buildings located within its 
 boundaries on the same account and during the same time. 
 Each state shall be charged with one-half of all other ex- 
 penses of the territorial government during the same time. 
 All moneys paid into the treasury during the period from 
 March 8, 1889, to the time of taking effect of this agreement 
 by any county, municipality or person within the limits of 
 the proposed state of North Dakota, shall be credited to the 
 state of North Dakota, and all sums paid into said treasury^ 
 within the same time by any county, municipality or per- 
 son within the limits of the proposed state of South Dakot i 
 shall be credited to the state of South Dakota, except that 
 any and all taxes on gross earnings paid into said treasury 
 by railroad corporations, since the 8th day of March, 1889, 
 based upon earnings of years prior to 1888, under and by 
 virtue of the act of the legislative assembly of the territory 
 of Dakota, approved March 7, 1889, and entitled, "An act 
 providing for the levy and collection of taxes upon proper- 
 ty of railroad companies in this territory," being chapter 
 107 of the session laws of 1889 (that is, the part of such 
 sums going to the territory), shall be equally divided be- 
 tween the states of North Dakota and South Dakota, and 
 all taxes heretofore or hereafter paid into said treasury un- 
 der and by virtue of the act last mentioned, based upon the 
 gross earnings of the year 1888, shall be distributed as 
 already provided by law, except that so much thereof as 
 goes to the territorial treasury shall be divided as follows: 
 North Dakota shall have so much thereof as shall be or has 
 been paid by railroads within the limits of the proposed 
 state of North Dakota, and South Dakota so much thereof 
 as shall be or has been paid by railroads within the limits 
 of the proposed state of South Dakota; each state shall be 
 accredited also with all balances of appropriations made 
 by the seventeenth legislative assembly of the territory of 
 Dakota for the account of the public institutions, grounds 
 
ELECTION LAWS 
 
 or buildings situated within its limits remaining un- 
 expended on March 8, 1889. If there shall be any indebted- 
 ness except the indebtedness represented by the bonds and 
 refunding warrants hereinbefore mentioned, each state 
 shall, at the time of such final adjustment of accounts, as- 
 sume its share of said indebtedness as determined by the 
 amount paid on account of the public institutions, grounds 
 or buildings of such state in excess of the receipts from 
 counties, municipalities, railroad corporations or persons 
 within the limits of said state as provided in this article, 
 and if there should be a surplus at the time of such final 
 adjustment, e^ch state shall be entitled to the amounts re- 
 ceived from counties, municipalities, railroad corporations 
 or persons within its limits over and above the amount 
 charged it. And the state of North Dakota hereby obligates 
 itself to pay such part of the debts and liabilities of the 
 territory of Dakota as is declared by the foregoing agree- 
 ment to be its proportion thereof, the same as if such pro- 
 portion had been originally created by said state of Norlh 
 Dakota as its own debt or liability. 
 
 § 204. Jurisdiction is ceded to the United States over the 
 military reservations of Fort Abraham Lincoln, Fort Bu- 
 ford, Fort Pembina and Fort Totten, heretofore declared 
 by the president of the United States; provided, legal pro- 
 cess, civil and criminal, of this state, shall extend over sucli 
 reservations in all cases in which exclusive jurisdiction is 
 not vested in the United States, or of crimes not committed 
 within the limits of such reservations. 
 
 § 205. The state of North Dakota hereby accepts the sev- 
 eral grants of land granted by the United States to the stato 
 of North Dakota by an act of congress, entitled, "An act to 
 provide for the division of Dakota into two states, and to 
 enable the people of North Dakota, South Dakota, Mon- 
 tana and Washington to form constitutions and state gov- 
 ernments, and to be admitted into the union on equal foot- 
 ing with the original states, and to make donations of pub- 
 lic lands to such states," under the conditions and limita- 
 tions therein mentioned; reserving the right, however, to 
 apply to congress for modification of said conditions and 
 limitations in case of necessity. 
 
 ARTICLE XVII.— Miscellaneous. 
 
 § 206. The name of this state shall be "North Dakota." 
 The state of North Dakota shall consist of all the territory 
 included within the following boundary, to wit: Commenc- 
 ing at a point in the main channel of the Red River of the 
 North, where the forty-ninth degree of north latitude crosses 
 
STATE OF NORTH DAKOTA 99 
 
 the same; thence south up the main channel of the same 
 and along the boundary line of the state of Minnesota to a 
 point where the seventh standard parallel intersects the 
 same; thence west along said seventh standard parallel pro- 
 duced due west to a point where it intersects the twenty- 
 seventh meridian of longtitude west from Washington; 
 thence north on said meridian to a point where it intersects 
 the forty-ninth degree of north latitude; thence east along 
 said line to place of beginning. 
 
 § 207. The following described seal is hereby declared 
 to be and hereby constituted the great seal of the state of 
 North Dakota, towit: "A tree in the open field, the trunk 
 of which is surrounded by three bundles of wheat; on the 
 right plow, anvil and sledge; on the left, a bow crossed with 
 three arrows, and an Indian on horseback pursuing a buf- 
 falo toward the setting sun; the foliage of the tree arched 
 by a half circle of forty-two stars, surrounded by the motto, 
 "Liberty and Union Now and Forever, One and Insepar- 
 able;" the words "Great Seal" at the top, the words "State 
 of North Dakota" at the bottom; "October 1st" on the left, 
 and "1889" on the right. The seal to be two and one-half 
 inches in diameter. 
 
 § 208. The right of the debtor to enjoy the comforts and 
 necessaries of life shall be recognized by wholesome laws 
 exempting from forced sale to all heads of families a homo.- 
 stead, the value of which shall be limited and defined by 
 law; and a reasonable amount of personal property; the 
 kind and value shall be fixed by law. This section shall not 
 be construed to prevent liens against the homestead for 
 labor done and materials furnished in the improvement 
 thereof, in such manner as may be prescribed by law. 
 
 § 209. The labor of children under twelve years of age 
 shall be prohibited in minSs, factories and workshops in 
 this state. 
 
 § 210. All flowing streams and natural water courses 
 shall forever remain the property of the state for mining, 
 irrigating and manufacturing purposes. 
 
 § 211. Members of the legislative assembly and judicial 
 departments, except such inferior officers as may be by law 
 exempted, shall, before they enter on the duties of their re- 
 spective offices, take and subscribe the following oath or 
 affirmation: "I do solmenly swear (or affirm, as the case 
 may be) that I will support the constitution of the United 
 States and the constitution of the state of North Dakota; and 
 that I will faithfully discharge the duties of the office of 
 according to the best of my 
 
100 ELECTION LAWS 
 
 abilty, so help me God" (if an oath), (under pain and pen- 
 alty of perjury, if an afiirmation) , and no other oath, de > 
 laration or test shall be required as a qualification for any 
 office or public trust. 
 
 § 212. The exchange of "black lists" between corpora- 
 tions shall be prohibited. 
 
 § 213. The real and personal property of any woman in 
 this state, acquired before marriage, and all property to 
 which she may after marriage become in any manner right- 
 fully entitled, shall be her separate property and shall not 
 be liable for the debts of her husband. 
 
 ARTICLE XVIII. — Congressional and Legislative 
 Apportionment. 
 
 § 214. Until otherwise provided by law, the member of 
 the house of representatives of the United States apportion- 
 ed to this state shall be elected at large. 
 
 Until otherwise provided by law the senatorial and reprti- 
 sentative districts shall be formed and the senators and rep- 
 resentatives shall be apportioned as follows : 
 
 The first district shall consist of the townships of Wal- 
 halla, St. Joseph, Neche, Pembina, Bathgate, Carlisle, Joliet, 
 Midland, Lincoln and Drayton, in the county of Pembina, 
 and be entitled to one senator and two representatives. 
 
 The second district shall consist of the townships of St. 
 Thomas, Hamilton, Cavalier, Akra, Beauleau, Thingvalla, 
 Gardar, Park, Crystal, Elora and Lodema, in the county of 
 Pembina, and be entitled to one senator and two represen- 
 tatives. 
 
 The third district shall consist of the townships of Perth, 
 Latona, Adams, Silvester, CleVfeland, Morton, Vesta, Tiber, 
 Medford, Vernon, Golden, Lampton, Eden, Rushford, Ken- 
 sington, Dundee, Ops, Prairie Center, Fertile, Park River 
 and Gleenwood in the county of Walsh, and be entitled to 
 one senator and two representatives. 
 
 The fourth district shall consist of the townships of Forest 
 River, Walsh Center, Grafton, Farmington, Ardoch, village 
 of Ardoch, Harrison, city of Grafton, Oakwood, Martin, 
 Walshville, Pulaski, Acton, Minto and St. Andrews, in the 
 county of Walsh, and be entitled to one senator and three 
 representatives. 
 
 The fifth district shall consist of the townships of Gilby, 
 Johnstown, Strabane, Wheatfield, Hegton, Aryilla, Avon, 
 Northwood, Lind, Grace, Larimore and the city of Lari- 
 more, Elm Grove, Agnes, Inkster, Elkmount, Oakwood, 
 
STATE OF NORTH DAKOTA ' ''' ' " IQl 
 
 Niagara, Moraine, Logan and Loretta, in the county of 
 Grand Forks, and be entitled to one senator and two repre- 
 sentatives. 
 
 The sixth district shall consist of the Third, Fourth, Fifth 
 and Sixth wards of the city of Grand Forks, as now consti- 
 tuted, and the townships of Falconer, Harvey, Turtle River, 
 Ferry, Rye, Rlooming, Meckinock, Lakeville and Levant, in 
 the county of Grand Forks, and be entitled to one senator 
 and two representatives. 
 
 The seventh district shall consist of the First and Second 
 wards of the city of Grand Forks, as now constituted, and 
 the townships of Grand Forks, Brenna, Oakville, Chester, 
 Pleasant View, Fairfield, Allendale, Walle, Bentru, Ameri- 
 cus, Michigan, Union and Washington; in the county of 
 Grand Forks, and be entitled to one senator and two repre- 
 sentatives. 
 
 The eighth district shall consist of the county of Traill 
 and be entitled to one senator and four representatives. 
 
 The ninth district shall consist of the township of Fargo 
 and the city of Fargo, in the county of Cass, and the fra > 
 tional township number 139 in range 48, and be entitled to 
 one senator and two representatives. 
 
 The tenth district shall consist of the townships of Nobl^ 
 Wiser, Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, 
 Gardner, Berlin, Raymond, Mapleton, Warren, Norman, 
 Elm River, Harmony, Durbin, Adison, Davenport, Cassel- 
 ton, in the county of Cass, and be entitled to one senator 
 and three representatives. 
 
 The eleventh district shall consist of the townships of 
 Webster, Rush River, Hunter, Arthur, Amenia, Everesf:, 
 Maple River, Leonard, Dows, Erie, Empire, Wheatland, 
 Gill, Walberg, Watson, Page, Rich, Ayr, Buffaol, Howes, 
 Eldred, Highland, Rochester, Lake, Cornell, Tower, Hill, 
 Clifton and Pontiac, in the county of Cass, and be entitled to 
 one senator and three representatives. 
 
 The twelfth district shall consist of the county of Richland, 
 and be entitled to one senator and three representatives. 
 
 The thirteenth district shall consist of the county of Sar- 
 gent, and be entitled to one senator and two representa- 
 tives. 
 
 The fourteenth district shall consist of the county of Ran- 
 som, and be entitled to one senator and two representatives. 
 
 The fifteenth district shall consist of the county of Barnes, 
 and be entitled to one senator and two representatives. 
 
 The sixteenth district shall consist of the counties of 
 Steele and Griggs, and be entitled to one senator and two 
 representatives. 
 
id2 
 
 ELECTION LAWS 
 
 The seventeenth district shall consist of the county of 
 Nelson, and be entitled to one senator and one representa- 
 tive. 
 
 The eighteenth district shall consist of the county of Cava- 
 lier, and be entitled to one senator and two representatives. 
 
 The nineteenth district shall consist of the counties of 
 Towner and Rolette, and be entitled to one senator and one 
 representative. 
 
 The twentieth district shall consist of the counties of Ben- 
 son and Pierce, and be entitled to one senator and two rep- 
 resentatives. 
 
 The twenty-first district shall consist of the county of 
 Ramsey, and be entitled to one senator and two represen- 
 tatives. 
 
 The twenty-second district shall consist of the counties 
 of Eddy, Foster and Wells, and be entiled to one senator 
 and two representatives. 
 
 The twenty-third district shall consist of the county of 
 Stutsman, and be entitled to one senator and two represen- 
 tatives. 
 
 The twenty-fourth district shall consist of the county of 
 LaMoure, and be entitled to one senator and one representa- 
 tive. 
 
 The twenty-fifth district shall consist of the county of 
 Dickey, and be entitled to one senator and two representa- 
 tives. 
 
 The twenty-sixth district shall consist of the counties of 
 Emmons, Mcintosh, Logan and Kidder, and be entitled to 
 one senator and two representatives. 
 
 The twenty-seventh district shall consist of the county of 
 Burleigh, and be entitled to one senator and two represen- 
 tatives. 
 
 The twenty-eighth district shall consist of the counties of 
 Bottineau and McHenry, and be entitled to one senator and 
 one representative. 
 
 The twenty-ninth district shall consist of the counties of 
 Ward, McLean, and all the unorganized counties lying north 
 of the Missouri river, and be entitled to one senator and one 
 representative. 
 
 The thirtieth district shall consist of the counties of Mor- 
 ton and Oliver, and be entitled to one senator and two rep- 
 resentatives. 
 
 The thirty-first district shall consist of the counties of 
 Mercer, Stark and Billings and all the unorganized counties 
 
STATE OF NORTH DAKOTA 103 
 
 lying south of the Missouri river, and be entitled to one 
 senator and one representative. 
 
 Note — Apportionment changed by law of 1901, law of 1907, law of 
 1909 and law of 1911. 
 
 ARTICLE XIX.— Public Institutions. 
 
 § 215. The following public institutions of the state are 
 permanently located at the places hereinafter named, each 
 to have the lands specifically granted to it by the United 
 States, in the act of congress approved February 22, 1889, 
 to be disposed of and used in such manner as the legislative 
 assembly may prescribe, subject to the limitations provided 
 in the article on school and public lands contained in this 
 constituion. 
 
 First. The seat of government at the city of Bismarck, in 
 the county of Burleigh. 
 
 Second. The state university and the school of mines at 
 the city of Grand Forks, in the county of Grand Forks. 
 
 Third. The agricultural college at the city of Fargo, in 
 the county of Cass. 
 
 Fourth. A state normal school at the city of Valley City, 
 in the county of Barnes; and the legislative asembly in ap- 
 portioning the grant of eighty thousand acres of land for 
 normal schools made in the act of congress referred to shall 
 grant to the said normal school at Valley City, as afore- 
 mentioned, fifty thousand (50,000) acres, and said lands are 
 hereby appropriated to said institution for that purpose. 
 
 Fifth. The deaf and dumb asylum at the city of Devils 
 Lake, in the county of Ramsey. 
 
 Note — See amendments. Article 3. 
 
 Sixth. A state reform school at the city of Mandan, in 
 the county of Morton. 
 
 Seventh. A state normal school at the city of Mayville, 
 in the county of Traill, and the legislative assembly in ap- 
 portioning the grant of lands made by congress in the act 
 aforesaid, for state normal schools, shall assign thirty 
 thousand (30,000) acres to the institution hereby located at 
 Mayville, and said lands are hereby appropriated for said 
 purjpose. 
 
 Eighth. A state hospital for the insane and institution 
 for the feeble minded in connection therewith, at the city of 
 Jamestown, in the county of Stutsman. And the legislative 
 assembly shall appropriate twenty thousand acres of the 
 
104 ELECTION LAWS 
 
 grant of lands made by the act of congress aforesaid for 
 "other educational and charitable institutions" to the bene- 
 fit and for the endowment of said institution. 
 
 Note — See amendments, Article 4. 
 
 § 216. The following named public institutions are here- 
 by permanently located as hereinafter provided, each t j 
 have so much of the remaining grant of one hundred and 
 seventy thousand acres of land made by the United States 
 for "other educational and charitable institutions," as ij 
 alloted by law, viz : 
 
 First. A soldier's home, when located, or such other 
 charitable institution as the legislative assembly may de- 
 termine, at Lisbon, in the county of Ransom, with a grant 
 of forty thousand acres of land. 
 
 Second. A blind asylum or such other institution as the 
 legislative assembly may determine, at such place in the 
 county of Pembina as the qualified electors of said county 
 may determine at an election to be held as prescribed by 
 the legislative assembly, with a grant of thirty thousand 
 acres. 
 
 Third. An industrial school and school for manual train- 
 ing, or such other educational or charitable institution as 
 the legislative assembly may provide, at the town of Ellen- 
 dale, in the county of Dickey, with a grant of forty thousand 
 acres. 
 
 Fourth. A school of forestry, or such other institution 
 as the legislative assembly may determine, at such place in 
 one of the counties of McHenry, Ward, Bottineau or Rolette, 
 as the electors of said counties may determine by an elec- 
 tion for that purpose, to be held as provided by the legist i- 
 tive assembly. 
 
 Fifth. A scientific school, or such other educational or 
 charitable institution as the legislative assembly may pre- 
 scribe, at the city of Wahpeton, county of Richland, with a 
 grant of forty thousand acres; provided, that no other insti- 
 tution of a character similar to any one of those located by 
 this article shall be established or maintained without a re- 
 vision of this constituion. 
 
 Note — This section amended by Articles 6 and 12, amendments to 
 the constitution. 
 
 ARTICLE XX.— Prohibition. 
 
 § 217. No person, association or corporation shall with- 
 in this state, manufacture for sale or gift, any intoxicating 
 
STATE OF NORTH DAKOTA 105 
 
 liquors, and no person, association or corporation shall im- 
 port any of the same for sale or gift, or keep or sell or offer 
 the same for sale, or gift, barter or trade as a beverage. The 
 legislative assembly shall by law prescribe regulations for 
 the enforcement of the provisions of this article and shall 
 thereby provide suitable penalties for the violation thereof. 
 
 SCHEDULE. 
 
 § 1. That no inconvenience may arise from a change of 
 territorial government to state government, it is declared 
 that all v^rits, actions, prosecutions, claims and rights of in- 
 dividuals and bodies corporate shall continue as if no 
 change of government had taken place, and all processes 
 which may, before the organization of the judicial depart- 
 ment under this constitution, be issued under the authority 
 of the teritory of Dakota, shall be as valid as if issued in the 
 name of the state. 
 
 § 2. All laws now in force in the territory of Dakota, 
 which are not repugnant to this constituion, shall remain in 
 force until they expire by their own limitations or be alter- 
 ed or repealed. 
 
 § 3. All fines, penalties, forfeitures and escheats accru- 
 ing to the territory of Dakota shall accrue to the use of the 
 states of North Dakota and South Dakota and may he sued 
 for and recovered by either of said states as necessity may 
 require. 
 
 § 4. All recognizances, bonds, obligations or other un- 
 dertakings, heretofore taken, or which may be taken before 
 the organization of the judicial department under this con- 
 stitution, shall remain valid, and shall pass over to, and may 
 be prosecuted in the name of the state; all bonds, obliga- 
 tions or other undertakings executed to this territory, or to 
 any officer in his official capacity, shall pass over to the pro- 
 per state authority, and to their successors in office, for th'j 
 use therein respectively expressed, and may be sued for 
 and recovered accordingly; all criminal prosecutions and 
 penal actions, which have arisen or may arise before the 
 organization of the judicial department, under this consti- 
 tution, or which shall then be pending, may be prosecuted 
 to judgment and execution in the name of the state. 
 
 § 5. All property real and personal, and credits, claims 
 and choses in action belonging to the territory of Dakota at 
 the time of the adoption of this constitution, shall be vested 
 in and become the property of the states of North Dakota 
 and South Dakota. 
 
106 ELECTION LAWS 
 
 § 6. Whenever any two of the judges of the supreme 
 court of the state, elected under the provisions of this con- 
 stitution, shall have qualified in their offices, the causes then 
 pending in the supreme court of the territory on appeal or 
 writ of error from the district courts of any county or sub- 
 division within the limits of this state, and the papers, rec- 
 ords and proceedings of said court shall pass into the juris- 
 diction and possession of the supreme court of the state, ek- 
 cept as otherwise provided in the enabling act of congress, 
 and until so superseded the supreme court of the territory 
 and judges thereof shall continue, with like powers and 
 jurisdiction as if this constitution had not been adopted. 
 Whenever the judge of the district court of any district 
 elected under the provisions of this constitution shall have 
 qualified in this office, the several causes then pending ia 
 the district court of the territory within any county in such 
 district, and the records, papers and proceedings of said 
 district court, and the seal and other property pertaining 
 thereto, shall pass into the jurisdiction and possession of 
 the district court of the state for such county, except as pr >- 
 vided in the enabling act of congress, and until the district 
 courts of this territory shall be superseded in the manner 
 aforesaid, the said district courts and the judges thereof 
 shall continue with the same jurisdiction and power to be 
 exercised in the same judicial districts respectively as her", 
 tofore constituted under the laws of the territory. 
 
 § 7. Until otherwise provided by law, the seals now in 
 use in the supreme and district courts of this territory are 
 hereby declared to be the seals of the supreme and district 
 courts respectively of the state. 
 
 § 8. Whenever this constituion shall go into effect, the 
 books, records and papers and proceedings of the probate 
 court in each county, and all causes and matters of admin 
 istration and other matters pending therein, shall pass into 
 the jurisdiction and possession of the county court of the 
 same county, and the said county court shall proceed to 
 final decree or judgment, order or other determination in 
 the said several matters and causes as the said probate 
 court might have done if this constituion had not been 
 adopted. And until the election and qualification of the 
 judges of the county courts provided for in this constitution, 
 the probate judges shall act as the judges of the county 
 courts within their respective counties, and the seal of the 
 probate court in each county shall be the seal of the county 
 court therein until the said court shall have procured a pr > • 
 per seal. 
 
STATE OF NORTH DAKOTA 107 
 
 § 9. The terms "probate court" or "probate judge," 
 whenever occurring in the statutes of the territory, shall 
 after this constitution goes into effect, be held to apply to 
 the county court or county judge. 
 
 § 10. All territorial, county and precinct officers, who 
 may be in office at the time this constitution takes effect, 
 whether holding their offices under the authority of the 
 United States or of the territory, shall hold and exercise 
 their respective offices, and perform the duties thereof as 
 prescribed in this constitution, until their successors shall 
 be elected and qualified in accordance with the provisions 
 of this constitution, and official bonds of all such officers 
 shall continue in full force and effect as though this consti- 
 tution had not been adopted; and such officers for their 
 term of service, under this constitution, shall receive the 
 same salaries and compensation as is by this constitution 
 or by the laws of the territory, provided for like officers; 
 provided, that the county and precinct officers shall hold 
 their office for the term for which they were elected. 
 There shall be elected in each organized county in this state, 
 at the election to be held for the ratification of this constitu- 
 tion, a clerk of the district court, who shall hold his office 
 under said election until his successor is duly elected and 
 qualified. The judges of the district court shall have power 
 to appoint state's attorneys in any organized counties where 
 no such attorneys have been elected, which appointment 
 shall continue until the general election to be held in 1890, 
 and until his successor is elected and qualified. 
 
 § 11. This constitution shall take effect and be in full 
 force immediately upon the admission of the territory as a 
 state. 
 
 § 12. Immediately upon the adjournment of this con- 
 vention the governor of the territory, or, in case of his ab- 
 sence, or failure to act, the secretary of the territory, or in 
 case of his absence or failure to act, the president of the 
 constituional convention shall issue a proclamation, which 
 shall be published and copy thereof mailed to the chair- 
 man of the board of county commissioners of each county, 
 calling an election by the people on the first Tuesday in 
 October, 1889, of all the state and district officers created and 
 made elective by this constitution. This constitution shall 
 be submitted for adoption or rejection at said election to a 
 vote of the electors qualified by the laws of this territory to 
 vote at all elections. At the election provided for herein the 
 qualified voters shall vote directly for or against this consti- 
 tution and for or against the article separtely submitted. 
 
108 ELECTION LAWS 
 
 § 13. The board of commissioners of the several coun- 
 ties thall thereupon order such election for said day, and 
 shall cause notice thereof to be given for the period of twenty 
 days, in the manner provided by law. Every qualified elec- 
 tor of the territory, at the date of said election, shall be en- 
 titled to vote thereat. Such election shall be conducted in 
 all respects in the same manner as provided by the laws of 
 the territory for general elections, and the returns for all 
 state and district of!ice.rs, and members of the legislative as- 
 sembly, shall be made to the canvassing board hereinattJi: 
 provided for. 
 
 § 14. The governor, secretary and chief justice, or a ma- 
 jority of them, shall constitute a board of canvassers to can- 
 vass the vote of such election for all state and district offi- 
 cers and members of the legislative assembly. The said 
 board shall assemble at the seat of government of the terri- 
 tory on the fifteenth day after the day of such election (or 
 on the following day if such day falls on Sunday) , and pro- 
 ceed to canvass the votes on the adoption of this constitiL- 
 tion and for all state and district officers and members of 
 the legislative assembly in the manner provided by the laws 
 of the territory for canvassing the vote for delegate to con- 
 gress, and they shall issue certificates of election, to the per- 
 sons found to be elected to said offices severally, and shall 
 make and file with the secretary of the territory an abstract 
 certified by them, of the number of votes cast for or against 
 the adoption of the constitution, and for each person for 
 each of said offices, and of the total number of votes cast in 
 each county. 
 
 § 15. All officers elected at such election shall, within 
 sixty days after the date of the executive proclamation ad- 
 mitting the State of North Dakota into the union, take the 
 oath required by this constitution, and give the same bond 
 required by the law of the territory to be given in case of 
 like officers of the territory and districts, and shall there- 
 upon, enter upon the duties of their respective offices, but 
 the legislative assembly may require by law all such officers 
 to give other or further bonds as a condition of their con- 
 tinuance in office. 
 
 § 16. The judges of the district court who shall be elected 
 at the election herein provided for shall hold their offices 
 until the first Monday in January, 1893, and until their suc- 
 cessors are elected and qualified. All other state officers, 
 except judges of the supreme court, who shall be elected at 
 the election herein provided for, shall hold their offices un- 
 til the first Monday in January, 1891, and until their succes- 
 sors are elected and qualified. Until otherwise provided by 
 
STATE OF NORTH DAKOTA 10!) 
 
 law, the judges of the supreme court shall receive for their 
 services the salary of four thousand dollars per annum, 
 payable quarterly; and the district judges shall receive for 
 their services the salary of three thousand dollars per an- 
 num, payable quarterly. 
 
 § 17. The governor-elect of the state immediately upon 
 his qualifying and entering upon the duties of his office shall 
 issue his proclamation convening the legislative assembly of. 
 the state at the seat of government on a day to be named in 
 said proclamation, and which shall not be less than fifteen 
 nor more than forty days after the date of such proclama- 
 tion. And said legislative assembly after organizing shall 
 proceed to elect two senators of the United States for the 
 State of North Dakota; and at said election the two persons 
 who shall receive a majority of all the votes cast by the said 
 senators and representatives shall be elected such Unite! 
 States senator. And the presiding officers of the senate and 
 house of representatives shall each certify the election to 
 the governor and secretary of the State of North Dakota; 
 and the governor and secretary of state shall certify the 
 election of such senators as provided by law. 
 
 § 18. At the election herein provided for there shall be 
 elected a representative to the fifty-first congress of the 
 United States, by the electors of the state at large. 
 
 § 19. It is hereby made the duty of the legislative assem- 
 bly at its first session to provide for the payment of all debts 
 and indebtedness authorized to be incurred by the constitu- 
 tional convention of North Dakota, which shall remain un- 
 paid after the appropriation made by congress for the same 
 shall have been exhausted. 
 
 § 20. There shall be submitted to the same election at 
 which this constitution is submitted for rejection or adop- 
 tion, article 20, entitled "Prohibition," and persons who de- 
 sire to vote for said article shall have written or printed oa 
 their ballots "For Prohibition," and all persons desiring to 
 vote against said article shall have written or printed on 
 their ballots "Against Prohibition." If it shall appear ac- 
 cording to the returns herein provided for that a majority 
 of all votes cast at said election for and against prohibition 
 are for prohibition, then said article 20 shall be and form a 
 part of this constitution and be in full force and effect as such 
 from the date of the admission of this state into the union. 
 But if a majority of said votes shall appear according to 
 said returns to be against prohibition then said article 20 
 shall be null and void and shall not be a part of this consti- 
 tution. 
 
110 ELECTION LAWS 
 
 § 21. The agreement made by the joint commission ot 
 the constitutional conventions of North Dakota and South 
 Dakota concerning the records, books and archives of the 
 Territory of Dakota is hereby ratified and confirmed: which 
 agreement is in the words following : That is to say : 
 
 The following books, records and archives of the Terri- 
 tory of Dakota shall be the property of North Dakota, to- wit: 
 All records, books and archives in the offices of the gover- 
 nor and secretary of the territory (except records of articles 
 of incorporation of domestic corporations, returns of elec- 
 tion of delegates to the constitutional convention of 1889 for 
 South Dakota, returns of elections held under the so-called 
 local option law, in counties within the limits of South Da- 
 kota, bonds of notaries public appointed for counties within 
 the limits of South Dakota, papers relating to the organiza- 
 tion of counties situate within the limits of South Dakota, 
 all which records and archives are a part of the records and 
 archives of said secretary's office: excepting, also census 
 returns from counties situate within the limits of South Da- 
 kota and papers relating to requisitions issued upon the ap- 
 plication of officers of counties situate within tlie limits of 
 South Dakota, all of which are a part of the records and 
 archives of said governor's office.) 
 
 And the following records, books and archives shall also 
 be the property of the State of North Dakota, to-wit: Vouch- 
 ers in the office or custody of the auditor of this territor/ 
 relating to expenditures on account of public institution?, 
 grounds or buildings situate within the limits of North Dar 
 kota. One warrant register in the office of the treasury of 
 this territory — being a record of warrants issued under an I 
 by virtue of chapter 24 of the laws enacted by the eighteenth 
 legislative assembly of Dakota Territory. All letters, re- 
 ceipts and vouchers in the same office now filed by counties 
 and pertaining to counties within the limits of North Da- 
 kota. Paid and cancelled coupons in the same office repre- 
 senting interest on bonds which said state of North Dakoti 
 is to assume and pay. Reports of gross earnings of the year 
 1888 in the same office, made by corporations operating 
 lines or railroad situated wholly or mainly within the limits 
 of North Dakota. Records and papers of the office of the 
 public examiner of the second district of the territory. Rec- 
 ords and papers of the office of the district board of agricul- 
 ture. Records and papers in the office of the board of pha> 
 macy of the District of North Dakota. 
 
 All records, books and archives of the Territory of Da- 
 kota which it is not herein agreed shall be the property of 
 North Dakota, shall be the property of South Dakota. 
 
STATE OF NORTH DAKOTA 111 
 
 The following books shall be copied and the copies shall 
 be the property of North Dakota, and the cost of such copies 
 shall be borne equally by said states of North Dakota and 
 South Dakota. That is to say: 
 
 Appropriation ledger for years ending November 1899-90 
 — one volume. 
 
 The auditor's current warrant register — one volume. 
 
 Insurance record for 1889 — one volume. 
 
 Treasurer's cash book — "D." 
 
 Assessment ledger — "B." 
 
 Dakota Territory bond register— one volume. 
 
 Treasurer's current ledger — one volume. 
 
 The originals of the foregoing volumes which are to be 
 copied shall at any time after such copying shall have been 
 completed be delivered on demand to the proper authori- 
 ties of the State of South Dakota. 
 
 All other records, books and archives, which it is hereby 
 agreed shall be the property of South Dakota, shall remain 
 at the capitol of North Dakota until demanded by the legis- 
 lature of the State of South Dakota, and until the State of 
 North Dakota shall have had a reasonable time after such 
 demand is made to provide copies or abstracts of such por- 
 tions thereof as the said State of North Dakota may desire to 
 have copies or abstracts of. 
 
 The State of South Dakota may also provide copies or 
 abstracts of such records, books and archives, which it is 
 agreed shall be the property of North Dakota, as said State 
 of South Dakota shall desire to have copies or abstracts of. 
 The expenses of all copies or abstracts of records, books, 
 and archives which it is herein agreed may be made, shall 
 be borne equally by said two states. 
 
 § 22. Should the counties containing lands which form 
 a part of the grant of lands made by congress to the North- 
 ern Pacific railroad company, be compelled by law to re- 
 fund moneys paid for such lands or any of them by pur- 
 chasers thereof at tax sales thereof, based upon taxes illeg- 
 ally levied upon said lands, then and in that case the State 
 of North Dakota shall appropriate the sum of twenty-five 
 thousand dollars ($25,000) or so much thereof as may be 
 necessary to reimburse said counties for the amount so re- 
 ceived from said illegal tax sales and paid by said counties 
 into the treasury of Dakota Territory. 
 
 § 23. This constitution shall after its enrollment be sign- 
 ed by the president of this convention and the chief clerk 
 thereof, and such delegates as desire to sign the same, 
 whereupon it shall be deposited in the office of the secretary 
 
112 ELECTION LAWS 
 
 of the territory, where it may be signed at any time by any 
 delegate who shall be prevented from signing the same for 
 any reason at the time of the adjournment of this conven- 
 tion. 
 
 § 24. In case the territorial officers of the Territory of 
 Dakota, or any of them who are now required by law to 
 report to the governor of the territory, annually or bien- 
 nially, shall prepare and publish such reports covering the 
 transactions of their oflices up to the time of the admission 
 of the State of North Dakota into the union, the legislative 
 assembly shall make sufiicient appropriations to pay one- 
 half of the cost of such publication. 
 
 § 25. The governor and secretary of the territory are 
 hereby authorized to make arrangements for the meetin3 
 of the first legislative assembly, and the inauguration of the 
 state government. 
 
 § 26. The legislative assembly shall provide for the edit- 
 ing and for the publication in an independent volume, of 
 this constitution, as soon as it shall take effect, and when- 
 ever it shall be altered or amended, and shall cause to be 
 published in the same volume the declaration of independ- 
 ence, the constitution of the United States and the enabling 
 act. 
 
 Done at Bismarck, Dakota, in open convention, this 17th 
 day of August, A. D. 1889. 
 
 F. B. Fancher, 
 President. 
 John G. Hamilton, 
 
 Chief Clerk. 
 
STATE OF NORTH DAKOTA 113 
 
 AMENDMENTS TO CONSTITUTION. 
 
 ARTICLE I. 
 
 The legislative assembly shall have no power to authorize 
 lotteries or gift enterprises for any purpose and shall pass 
 laws to prohibit the sale of lottery or gift enterprise tickets. 
 
 ARTICLE II. 
 
 § 121. Every male person of the age of twenty-one years 
 or upwards, belonging to either of the following classes, who 
 shall have resided in the state one year and in the county 
 six months, and in the precinct ninety days next preceding 
 any election, shall be a qualified elector at such election. 
 
 First — Citizens of the United States. 
 
 Second — Civilized persons of Indian descent, who shall 
 have severed their tribal relations two years next preceding 
 such election. 
 
 § 127. No person who is under guardianship, non com- 
 pos mentis or insane, shall be qualified to vote at any elec- 
 tion; nor any person convicted of treason or felony unless 
 restored to civil rights; and the legislature shall by law es- 
 tablish an educational test as a qualification, and may pre- 
 scribe penalties for failing, neglecting or refusing to vote at 
 any general election. 
 
 ARTICLE in. 
 
 § 76. The governor shall have power in conjunction with 
 the board of pardons, of which the governor shall be ex- 
 officio a member and the other members of which shall con- 
 sist of the attorney general of the State of North Dakota, 
 the chief justice of the supreme court of the state of 
 North Dakota and two qualified electors who shall be 
 appointed by the governor to remti fines and forfeitures, 
 to grant reprieves, commutations and pardons after con- 
 viction for all offenses except treason and cases of im- 
 peachment; but the legislative assembly may by law 
 regulate the manner in which the remission of fines, par- 
 dons, commutations and reprieves may be applied for. 
 
114 ELECTION LAWS 
 
 Upon conviction of treason the governor shall have the 
 power to suspend the execution of sentence until the 
 ease shall be reported to the legislative assembly at its 
 next regular session, when the legislative assembly 
 shall either pardon or commute the sentence, direct 
 the execution of the sentence or grant further reprieve. The 
 governor shall communicate to the legislative assembly at 
 each regular session each case of remission of fine, reprieve, 
 commutation or pardon granted by the board of pardons, 
 stating the name of the convict, the crime for which he is 
 convicted, the sentence and its date and the date of remis- 
 sion, commutation, pardon or reprieve, with their reasons 
 for granting the same. 
 
 ARTICLE IV. 
 
 § 179. All property, except as hereinafter in this section 
 provided, shall be assessed in the county, city, township, 
 village or district in which it is situated, in the manner pre- 
 scribed by law. The franchise, roadway, roadbed, rails and 
 rolling stock of all railroads, and the franchise and all 
 other property of all express companies, freight line com- 
 panies, car equipment companies, sleeping car companies, 
 dining car companies, telegraph or telephone com- 
 panies, or corporations operated in this state and 
 used directly or idirectly in the carrying of per- 
 sons, or messages shall be assessed by the state 
 board of equalization at their actual value, and sucli 
 assessed value shall be apportioned to the counties, cities, 
 towns, villages, townships and districts in which such rail- 
 road companies, express companies, sleeping car compa- 
 nies, dining car companies, telegraph and telephone compa- 
 nies are located, or through which thejr are operated, as a 
 basis for the taxation of such property, in proportion to the 
 number of miles of such property, within such counties, 
 cities, towns, villages, townships and districts, or over which 
 any part of such property is used or operated within such 
 counties, towns, villages, townships and districts. But 
 should any railroad allow any portion of its roadway to be 
 used for any purpose other than the operation of a railroad 
 thereon, such portion of its roadway, while so used, shall be 
 assessed in the manner provided for the assessment of other 
 real property. 
 
 ARTICLE V. 
 
 Subdivision 5 of section 215. 
 
 Fifth. The school for the deaf and dumb of North Da- 
 kota, at the City of Devils Lake, in the County of Ramsey. 
 
STATE OF NORTH DAKOTA 115 
 
 ARTICLE VI. 
 
 Subdivision 8, of section 215. 
 
 Eighth. A state hospital for the insane at the City of 
 Jamestown, in the County of Stutsman. And the legislative 
 assembly shall appropriate twenty thousand acres of the 
 grant of lands made by the act of congress aforesaid for 
 "other educational and charitable institutions," to the bene- 
 fit and for the endowment of said institution, and there 
 shall be located at or near the City of Grafton, in the Coun- 
 ty of Walsh, an institution for the feeble minded, on the 
 grounds purchased by the secretary of the interior for a 
 penitentiary building. 
 
 ARTICLE VII. 
 
 Addenda to section 176: 
 
 The legislative assembly may further provide that grain 
 grown within the state and held therein in elevators, ware- 
 houses and granaries may be taxed at a fixed rate. 
 
 ARTICLE VIII. 
 
 The moneys of the permanent school fund and other edu- 
 cational funds shall be invested only in bonds of school cor- 
 porations or of counties, or of townships, or of municipali- 
 ties within the state, bonds issued for the construction of 
 drains under authority of law within the state, bonds of the 
 United States, bonds of the State of North Dakota, bonds of 
 other states; provided, such states have never repudiated 
 any of their indebtedness, or on first mortgages on farm 
 lands in this state, not exceeding in amount, one-third of 
 the actual value of any subdivision on which the same may 
 be loaned, such value to be determined by the board of ap- 
 praisal of school lands. 
 
 ARTICLE IX. 
 
 § 158. Minimum Price of State Lands. No lands shall 
 be sold for less than the appraised value and in no case for 
 less than ten dollars per acre. The purchaser shall pay one- 
 fifth of the price in cash, and the remaining four-fifths as 
 follows : One-fifth in five years, one-fifth in ten years, one- 
 fifth in fifteen years and one-fifth in twenty years, with in- 
 terest at the rate of not less than six per centum, payable 
 annually in advance. All sales shall be held at the county 
 seat of the county in which the land to be sold is situate, and 
 shall be at public auction and to the highest bidder, after 
 
116 ELECTION LAWS 
 
 sixty days' advertisement of the same in a newspaper of 
 general circulation in the vicinity of the lands to be sold, 
 and one at the seat of government. Such lands as shall not 
 have been specially subdivided shall be offered in tracts of 
 one-quarter section, and those so subdivided in the smallest 
 subdivisions. All lands designated for sale and not sold 
 within two years after appraisal, shall be reappraised be- 
 fore they are sold. No grant or patent for any such lands 
 shall issue until payment is made for the same; provided, 
 that the lands contracted to be sold by the state shall be 
 subject to taxation from the date of such contract. In case 
 the taxes assessed against any of said lands for any year 
 remain unpaid until the first Monday in October of the fol- 
 lowing year, then and thereupon the contracts of sale of 
 such lands shall, at the election of the board of university 
 and school lands, become null and void; and no such con^ 
 tract heretofore made shall be held void for nonpayment of 
 taxes accruing on the lands described therein; provide !, 
 such taxes shall have been paid before this amendment 
 takes effect; provided, further, that any school or institu- 
 tion land that may be required for townsite purposes may 
 be paid for at any time and patent issued therefor. 
 
 ARTICLE X. 
 
 § 89. The supreme court shall consist of five judges, a 
 majority of whom shall be necessary to form a quorum or 
 pronounce a decision; but one or more of said judges may 
 adjourn the court from day to day or to a day certain. 
 
 ARTICLE XL 
 
 § 158. No land shall be sold for less than the appraised 
 value, and in no case for less than ten dollars per acre. The 
 purchaser shall pay one-fifth of the price in cash and the 
 remaining fourth-fifths as follows: One-fifth in five years, 
 one-fifth on or before the expiration of ten years, one-fifth 
 on or before the expiration of fifteen years, and one-fifth 
 on or before the expiration of twenty years, with interest 
 payable at the rate of not less than five per cent 
 per annum payable annually in advance; provided, 
 that when payments are made before due they 
 shall be made at an interest paying date, and one 
 year's interest in advance shall be paid on all moneys so 
 paid. All sales shall be held at the county seat of the county 
 in which the land to be sold is situated, and be at public 
 auction and to the highest bidder after sixty days advertise- 
 ment of the same in a newspaper in general circulation in 
 the vicinity of the land to be sold, and also published in a 
 
STATE OF NORTH DAKOTA 117 
 
 newspaper published at the county seat, and also 
 in a newspaper published at the seat of govern- 
 ment. Such lands as shall not have been especially 
 subdivided shall be offered in tracts of one-quarter 
 section, and those subdivided in the smallest sul)- 
 division. All lands designated for sale and not sold 
 within two years after appraisal shall be re-appraised be- 
 fore they are sold. No grant or patent for such lands shall 
 issue until payment is made for the same; provided, that 
 the lands contracted to be sold by the state shall be subject 
 to taxation from the date of such contract. In case the taxes 
 assessed against any of said lands for any year remain un- 
 paid until the first Monday in October of the following 
 year, then and thereupon the contract of sale for such lands 
 shall, if the board of university and school lands so deter- 
 mine, become null and void. Any lands under the provis- 
 ions of section 158 of the constitution of the State of North 
 Dakota that have heretofore been sold may be paid for, ex- 
 cept as to interest, as provided herein; provided, further, 
 that any school or instituion lands that may be required for 
 township purposes, may be paid for at any time and patent 
 issued therefor. 
 
 ARTICLE XII. 
 
 § 216. The following named public institutions are here- 
 by permanently located as hereinafter provided, each to 
 have so much of the remaining grant of one hundred and 
 seventy thousand acres of land made by the United States 
 for "other educational and charitable institutions" as is al- 
 lotted by law, namely: 
 
 First. A soldiers' home, when located, or such other 
 charitable institution as the legislative assembly may de- 
 termine, at Lisbon, in the County of Ransom, with a grant 
 of forty thousand acres of land. 
 
 Second. A blind asylum, or such other institution as the 
 legislative assembly may determine, at such place in the 
 County of Pembina as the qualified electors of the said 
 county may determine at an election to be held as prescrib- 
 ed by the legislative assembly, with a grant of thirty thou- 
 sand acres. 
 
 Third. An industrial school and school for manual train- 
 ing, or such other educational or charitable institutions as 
 the legislative assembly may provide, at the town of Elle.i- 
 dale, in the County of Dickey, with a grant of forty thou- 
 sand acres. 
 
 Fourth. A school of forestry, or such other institution 
 as the legislative assembly may determine, at such place ia 
 
118 ELECTION LAWS 
 
 one of the counties of McHenry, Ward, Bottineau or Rolette, 
 as the electors of said counties may determine by an electioi 
 for that purpose, to be held as provided by the legislative 
 assembly. 
 
 Fifth. A scientific school, or such other educational or 
 charitable institution as the legislative assembly may pre- 
 scribe, at the City of Wahpeton, County of Richland, with a 
 grant of forty thousand acres. 
 
 Sixth. A state normal school at the City of Minot, in the 
 County of Ward; provided that no other institution of a 
 character similar to any one of those located by this article, 
 shall be established or maintained without a revision of 
 this constitution. 
 
 ARTICLE XIII. 
 
 § 158. No land shall be sold for less than the appraised 
 value, and in no case for less than ten dollars per acre. The 
 purchaser shall pay one-fifth of the price in cash, and the 
 remaining four-fifths as follows: 
 
 One-fifth in five years, one-fifth on or before the expira- 
 tion of ten years, one-fifth on or before the expiration ol' 
 fifteen years, and one-fifth on or before the expiration of 
 twenty years, with interest at the rate of not less than five 
 per cent per annum, payable annually in advance; provid- 
 ed, that when payments are made before due they shall be 
 made at an interest paying date, and one year's interest in 
 advance shall be paid on all moneys so paid. All sales shall 
 be held at the county seat of the county in which the land io 
 be sold is situated, and shall be at public auction and to the 
 highest bidder, after sixty days' advertisement of the same 
 in a newspaper of general circulation in the vicinity of the 
 land to be sold, and one at the seat of government. Such 
 lands as shall not have been specially subdivided shall be 
 offered in tracts of one-quarter section, and those sub-di- 
 vided in the smallest subdivisions. All lands designated for 
 sale and not sold within two years after appraisal shall be 
 re-appraised before they are sold. No grant or patent for 
 such lands shall issue until payment is made for the same; 
 provided that the land contracted to be sold by the state 
 shall be subject to taxation from the date of contract. In 
 case the taxes assessed against any of said lands for any 
 year remain unpaid until the first Monday in October of the 
 following year, then thereupon the contract of sale for such 
 lands shall, if the board of university and school lands so 
 determine, become null and void. Any lands under the pro- 
 visions of section 158 of the constitution of the State of North 
 
STATE OF NORTH DAKOTA 119 
 
 Dakota that have heretofore been sold, may be paid for, ex- 
 cept as to interest, as provided, further, that any school or 
 institution lands that may be required for townsite pur- 
 poses, school house sites, church sites, cemetery sites, sites 
 for other educational or charitable institutions, public 
 parks, fair grounds, public highways, railroad right of way, 
 or for other railroad uses and purposes, reservoirs for the 
 storage of water for irrigation, drain ditches or irrigation 
 ditches, and lands that may be required for any of the pur- 
 poses over which the right of eminent domain may be ex- 
 ercised under the constitution and the laws of the State of 
 North Dakota, may be sold under the provisions of this sec- 
 tion, and shall be paid for, principal and interest, in full in 
 advance, at the time of sale, or at any time thereafter, and 
 patent issued therefor, when principal and interest are 
 paid. 
 
 ARTICLE XIV. 
 
 The legislative assembly is hereby authorized and em- 
 powered to provide by law for the erection, purchasing or 
 leasing and operation of one or more terminal grain eleva- 
 tors in the States of Minnesota or Wisconsin, or both, to be 
 maintained and operated in such manner as the legislative 
 assembly shall prescribe, and provide for inspection, weigh- 
 ing and grading of all grain received in such elevator or 
 elevators. 
 
120 ELECTION LAWS 
 
 PROPOSED CONSTITUTIONAL AMENDMENTS. 
 
 Passed by the Twelfth and Thirteenth Legislative Assem- 
 blies, to be Voted on at the Next General Election. 
 Initiative and Referendum — ^Legislative. 
 
 Chap. 93 (S. B. No. 5 — Bessessen) 1911 Session Laws. 
 Chap. 101 (S. B. No. 32— Overson) 1913 Session Laws. 
 
 A CONCURRENT RESOLUTION for an Amendment to the 
 Constitution Providing for the Initiative and Referendum. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring: 
 
 That the following amendment to the constitution of the 
 State of North Dakota, providing for the initiative and ref- 
 erendum shall be referred to the next legislative assembly 
 to be chosen at the next general election in said state, and 
 with the approval of said legislative assembly to be sub- 
 mitted to the qualified electors for adoption or rejection, ia 
 accordance with the provisions of section 202 of the consti- 
 tution of the state of North Dakota. 
 
 Amendment.] Section 25 of Article 2 of the constitution 
 of the state of North Daokta is hereby amended to read as 
 follows : 
 
 § 25. The legislative authority of the state of North Da- 
 kota shall be vested in a legislative assembly consisting of 
 a senate and house of representatives, but the people reserve 
 to themselves power to propose laws and to enact or reject 
 the same at the polls, independent of the legislative assem- 
 bly, and also reserve power, at their own option, to approve 
 or reject at the polls, any act, item, section or part of any 
 act or measure passed by the legislative assembly. The 
 first power reserved by the people is the initiative, or the 
 power to propose measures for enactment into laws, and at 
 least ten per cent of the legal voters to be secured in a ma- 
 jority of the counties of the state shall be required to pro- 
 pose any measure by initiative petition, and every such peti- 
 tion shall include the full text of the measure so proposed. 
 Initiative petitions shall be filed with the secretary of state 
 
STATE OF NORTH DAKOTA 121 
 
 not less than thirty days before any regular session of the 
 legislative assembly; he shall transmit the same to the leg- 
 islative assembly as soon as it convenes. Such initiativ*^ 
 measure shall take precedence over all other measures in 
 the legislative assembly except appropriation bills, and shall 
 be either enacted or rejected without change or amend- 
 ment by the legislative assembly within forty days. If any 
 such initiative measure shall be enacted by the legislative 
 assembly it shall be subject to referendum petition, or it 
 may be referred by the legislative assembly to the people 
 for approval or rejection. If it is rejected or no action is 
 taken upon it by the legislative assembly within said forty 
 days, the secretary of state shall submit it to the people for 
 approval or rejection at the next ensuing regular general 
 election. The legislative assembly may reject any measure 
 so proposed by initiative petition and propose a different 
 one to accomplish the same purpose, and in any such event 
 both measures shall be submitted by the secretary of state 
 to the people for approval or rejection at the next ensuing 
 regular election. If conflicting measures submitted to the 
 people at the next ensuing election shall be approved by a 
 majority of the votes severally cast for and against the 
 same, the one receiving the highest number of affirmative 
 votes shall thereby become valid, and the other shall there- 
 by be rejected. The second power is the referendum, 
 or the power to order any act, item, or part of any act to be 
 referred to the people for their approval or rejection at the 
 polls, and it may be ordered (except as to laws necessary 
 for the immediate preservation of the public peace, health 
 or safety), as to any measure or any parts, items or sections 
 of any measures passed by the legislative assembly either 
 by a petition signed by ten per cent of the legal voters of the 
 state from a majority of the counties, or by the legislative 
 assembly, if a majority of the members elect vote therefor. 
 When it is necessary for the immediate preservation of the 
 public peace, health or safety that a law shall become effec- 
 tive without delay, such necessity and the facts creating the 
 same shall be stated in one section of the bill, and if upon 
 aye and no vote in each house two-thirds of all the mem- 
 bers elected to each house shall vote on a separate roll call 
 in favor of the said law going into instant operation for the 
 immediate preservation of the public peace, health or safe- 
 ty, such law shall become operative upon approval by the 
 governor. 
 
 The filing of a referendum petition against one or more 
 items, sections or parts of an act shall not delay the remain- 
 der of that act from becoming operative. Referendum peti- 
 tions against measures passed by the legislative assembly 
 
122 ELECTION LAWS 
 
 shall be filed with the secretary of state not more than ninety 
 days after the final adjournment of the session of the legis- 
 lative assembly which passed the measure on which the ref- 
 erendum is demanded. The veto power of the governor 
 shall not extend to measures referred to the people. All 
 elections on measures referred to the people of the state 
 shall be had at biennial regular elections, except as pro- 
 vision may be made by law for a special election or elec- 
 tions. Any measure referred to the people shall take effect 
 when it is approved by a majority of the votes cast thereon 
 and not otherwise, and shall be in force from the date of 
 the official declaration of the vote. 
 
 The enacting clause of all the initiative bills shall be, "Be 
 it enacted by the people of the state of North Dakota." This 
 section shall not be construed to deprive any member of the 
 legislative assembly of the right to introduce any measure. 
 The whole number of votes for secretary of state at the reg- 
 ular election last preceding the filing of any petition for the 
 initiative or for the referendum shall be the basis on which 
 the number of legal voters necessary to sign such petition 
 shall be counted. 
 
 Petitions and orders for the initiative and for the referen- 
 dum shall be filed with the secretary of state, and in submit- 
 ting the same to the people he and all other officers shall be 
 guided by the general laws and the act submitting this 
 amendment until legislation shall be specially provided 
 therefor. 
 
 This amendment shall be self executing, but legislation 
 may be enacted to facilitate its operation. 
 
 Initiative and Referendum — Constitution. 
 
 Chap. 89 (S. B. 153— Gibbens) 1911 Session Laws. 
 Chap. 98 (S. B. 73— Gibbens) 1913 Session Law.s 
 
 A CONCURRENT RESOLUTION Amending the Constitu- 
 tion of State of North Dakota, Providing for the Future 
 Amendment Thereof. 
 
 Be it Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring: 
 
 § 1. That the following proposed amendment to section 
 202 of article 15 of the constitution of the State of North Da- 
 kota, be referred to the legislative assembly to be chosen at 
 the next general election in the State of North Dakota, to 
 be, if approved, by said last mentioned legislative assem- 
 bly, submitted to the qualified electors of the state for ap- 
 
STATE OF NORTH DAKOTA 123 
 
 proval or rejection in accordance with the provisions of 
 section 202 of the constitution of the State of North Dakota. 
 
 Amendment.] Article 15, section 202, of the constitution 
 of the State of North Dakota is amended so as to read as 
 follows : 
 
 § 202. This constitution may be amended so as to read 
 as follows: 
 
 First: Any amendment or amendments to this constitu- 
 tion may be proposed in either house of the legislative as- 
 sembly; and if the same shall be agreed to by a majority Ol 
 the members elected to each of the two houses, such pro- 
 posed amendment shall be entered on the journal of the 
 house with the yeas and nays taken thereon, and referred 1 o 
 the legislative assembly to be chosen at the next general 
 election, and shall be published, as provided by law, for 
 three months previous to the time of making such choice, 
 and if in the legislative assembly so next chosen as aforesaid 
 such proposed amendment or amendments shall be agreed 
 to by a majority of all members elected to each house, then 
 it shall be the duty of the legislative assembly to submit 
 such proposed amendment or amendments to the people in 
 such manner and at such times as the legislative assembly 
 shall provide; and if the people shall approve and ratify 
 such amendment or amendments by a majority of the elec- 
 tors qualified to vote for members of the legislative assem- 
 bly voting thereon, such amendment or amendments shall 
 become a part of the constitution of this state. If two or 
 more amendments shall be submitted at the same time, they 
 shall be submitted in such manner that the electors shall 
 vote for or against each of such amendments separately. 
 
 Second. Any amendment or amendments to this consti- 
 tution may also be proposed by the people by the filing with 
 the secretary of state, at least six months previous to a gen- 
 eral election, of an initiative petition containing the signa- 
 tures of at least twenty-five per cent of the legal voters in 
 each of not less than one-half of the counties of the state. 
 When such petition has been properly filed the proposed 
 amendment or amendments shall be published as the legis- 
 lature may provide, for three months previous to the gen- 
 eral election, and shall be placed upon the ballot to be voted 
 upon by the people at the next general election. Should any 
 such amendment or amendments proposed by initiative pe- 
 tition and submitted to the people receive a majority of all 
 the legal votes cast at such general election, such amend- 
 ment or amendments shall be referred to the next legisla- 
 tive assembly and should such proposed amendment or 
 
124 ELECTION LAWS 
 
 amendments be agreed upon by a majority of all the mem- 
 bers elected to each house, such amendment or amendments 
 shall become a part of the constitution of this state. Should 
 any amendment or amendments proposed by initiative peti- 
 tion and receiving a majority of all the votes cast at the 
 general election as herein provided, but failing to receive 
 approval by the following legislative assembly to which it 
 has been referred, such amendment or amendments shall 
 again be submitted to the people at the next general election 
 for their approval or rejection as at the previous general 
 election. Should such amendment or amendments receive 
 a majority of all the legal votes cast at such succeeding gen- 
 eral election such amendment or amendments at once be- 
 come a part of the constitution of this state. Any amend- 
 ment or amendments proposed by initiative petition and 
 failing of adoption as herein provided, shall not be again 
 considered until the expiration of six years. 
 
 Changing Name of the State Blind Asylum. 
 
 Chap. 97 ( H. B. 78— O'Connor) 1911 Session Laws. 
 Chap. 95 (S. B. 219— Ganssle) 1913 Session Laws. 
 
 A CONCURRENT RESOLUTION. ' 
 
 To Amend Section 216 of the Constitution of the State of 
 North Dakota, Pertaining to Public Institutions. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring Therein: 
 
 That the following proposed amendment to the Constitu 
 tion of the State of North Dakota adopted by the Twelfth 
 Legislative Assembly and by it referred to the Thirteenth 
 Legislative Assembly for approval or rejection, is hereby 
 agreed to and such amendment shall be submitted to the 
 qualified electors of the state at the next general election 
 for approval or rejection in accordance with the provisions 
 of Section 202 of the Constitution of the State of North Da- 
 kota: 
 
 Amendment.] That Section 216 of the Constitution of 
 the State of North Dakota is amended to read as follows : 
 
 The following named public instituions are hereby per- 
 manently located as hereinafter provided, each to have so 
 much of the remaining grant of one hundred and seventy 
 thousand acres of land made by the United States for "Other 
 
STATE OF NORTH DAKOTA 125 
 
 Educational and Charitable Institutions," as is allotted by 
 law, viz. : 
 
 First. A soldiers' home, when located, or such other 
 charitable institution as the Legislative Assembly may de- 
 termine, at Lisbon, in the County of Ransom, with a grant 
 of forty thousand acres of land. 
 
 Second. The school for the blind of North Dakota, at 
 Bathgate, in the County of Pembina, with a grant of thirty 
 thousand acres. 
 
 Third. An industrial school and school for manual 
 training or such other educational or charitable institution 
 as the Legislative Assembly may provide at the town of 
 Ellendale, in the County of Dickey with a grant of forty 
 thousand acres. 
 
 Fourth. A school of Forestry, or such other institution 
 as the Legislative Assembly may determine, at the city of 
 Bottineau, in the County of Bottineau. 
 
 Fifth. A scientific school, or such other educational or 
 charitable institution as the Legislative Assembly may pre- 
 scribe, at the City of Wahpeton, County of Richland, with 
 a grant of forty thousand acres. 
 
 Sixth. A state normal school at the City of Minot, in the 
 County of Ward; provided, that no other institution, of a 
 character similar to any one of those located by this Article, 
 shall be established or maintained without a revision of 
 this Constitution. 
 
 Approved March 10, 1913. 
 
 STATE AID FOR HIGHWAYS 
 
 Chap. 91 (S. B. 247— Welo) 1911 Session Laws. 
 Chap. 100 (S. B. 67— Albrecht) 1913 Session Laws. 
 
 A CONCURRENT RESOLUTION. 
 
 Amending Section 185 of the Constitution of the State of 
 North Dakota, Relating to State Aid in the Construction 
 and Improvement of Public Highways. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring- 
 
 The following proposed amendment to the Constitution 
 of the State of North Dakota adopted by the Twelth Legis- 
 
126 ELECTION LAWS 
 
 lative Assembly of the State of North Dakota and by it 
 referred to the Thirteenth Legislative Assembly of said 
 state for approval or rejection, is hereby agreed to, and 
 such amendment shall be submitted to the qualified elec- 
 tors of the state at the next general election for approval 
 or rejection in accordance with the provisions of Section 
 202 of the Constitution of the State of North Dakota. 
 
 Amendment to constitution.] That Section 185 of Ar- 
 ticle 12 of the Constitution of the State of North Dakota is 
 hereby amended to read as follows: 
 
 § 185. Neither the state nor any county, city, township, 
 town, school district or any other political sub-division 
 shall loan or give its credit or make donations to or in aid 
 of any individual, association or corporation, except for 
 necessary support of the poor, nor subscribe to or become 
 the owner of the capital stock of any association or corpor- 
 ation, nor shall the state engage in any work or internal 
 improvement unless authorized by a two-third vote of the 
 people. Provided, that the state may appropriate money 
 in the treasury or to be thereafter raised by taxation for 
 the construction or improvement of public highways. 
 
 Approved February 27, 1913. 
 
 TERMINAL ELEVATORS WITHIN THE STATE 
 
 Chap. 90 (S. B. 229— Plain) 1911 Session Laws. 
 Chap. 104 (S. B. 110— Plain) 1913 Session Laws. 
 
 A CONCURRENT RESOLUTION Amending the Constitu- 
 tion of the State of North Dakota, Empowering the Leg- 
 islative Assembly to Provide by Law for Erection, Leas- 
 ing, Purchasing and Operating Terminal Elevators in 
 the State of North Dakota. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring- 
 
 That the following proposed amendment to the Constitu- 
 tion of the State of North Dakota adopted by the Twelfth 
 Legislative Assembly of the State of North Dakota, and by 
 it referred to the Thirteenth Legislative Assembly of said 
 state for approval or rejection, is hereby agreed to and 
 such amendment shall be submitted to the qualified elec- 
 tors of the state at the next general election for approval or 
 rejection in accordance with the provisions of Section 202 
 of the Constitution of the State of North Dakota. 
 
STATE OF NORTH DAKOTA 127 
 
 Amendment.] The Legislative Assembly is hereby au- 
 thorized and empowered to provide by law for the erec- 
 tion, purchase or leasing and operation of one or more 
 terminal grain elevators in the State of North Dakota, to be 
 maintained and operated in such manner as the Legisla- 
 tive Assembly shall prescribe, and provide for inspection, 
 weighing and grading of all grain received in such elevator 
 or elevators. 
 
 Approved March 10, 1913. 
 
 PROPOSED CONSTITUTIONAL AMENDMENTS 
 
 Proposed Constitutional Amendments Passed by the 
 Thirteenth Legislative Assembly and to be Submitted to 
 the Fourteenth Legislative Assembly. 
 
 CHAPTER 96. 
 
 (S. B. No. 259— McBride.) 
 
 A CONCURRENT RESOLUTION. 
 
 Amending Section 216 of the Constitution of the State of 
 North Dakota, Establishing and Locating a State Normal 
 School in the City of Dickinson, County of Stark. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring- 
 
 That the following proposed amendment to Section 21S 
 of the Constitution of the State of North Dakota, be re- 
 lerred to the Legislative Assembly to be chosen at the next 
 
 general election in said state to be by said last mentioned 
 .egislative Assembly submitted to the qualified electors of 
 the state for approval or rejection in accordance with the 
 provisions of Section 202 of the Constitution of the State of 
 North Dakota. 
 
 Amendment.] That Section 216 of the Constitution of 
 the State of North Dakota be amended to read as follows: 
 
 § 216. The following named public institutions are here- 
 by permanently located as hereinafter provided, each to 
 have so much of the remaining grant of one hundred and 
 seventy thousand acres of land made by the United States 
 for "other educational and charitable institutions" as is al- 
 lotted by law, namely: 
 
 First: A soldiers' home, when located, or such other 
 chaFitable institution as the Legislative Assembly may de- 
 
128 ELECTION LAWS 
 
 termine at Lisbon, in the County of Ransom, with a grant 
 of forty thousand acres of land. 
 
 Second: A blind asylum, or such other institution as 
 the Legislative Assembly may determine, at such place in 
 the County of Pembina as the qualified electors of said 
 county may determine at an election to be held as pre- 
 scribed by the Legislative Assembly, with a grant of thirtj'^ 
 thousand acres. 
 
 Third: An industrial school and school for manual 
 training or such other educational or charitable institutio i 
 as the Legislative Assembly may provide, at the town of 
 Ellendale, in the County of Dickey with a grant of forty 
 thousand acres. 
 
 Fourth: A school of forestry, or such other institution 
 as the Legislative Assembly may determine, at such place 
 in one of the counties of McHenry, Ward, Bottineau or 
 Rolette, as the electors of said counties may determine by 
 an election for that purpose, to be held as provided by the 
 Legislative Assembly. 
 
 Fifth: A scientific school or such other educational or 
 charitable institution as the Legislative Assembly may pre- 
 scribe, at the City of Wahpeton, County of Richland, with 
 a grant of forty thousand acres. 
 
 Sixth: A state normal school at the City of Minot, in 
 the County of Ward. 
 
 Seventh: (a) A state normal school at the City of 
 Dickinson, in the County of Stark. 
 
 Provided^ that no other institution of a character similar 
 to any one of those located by this Article shall be estab- 
 lished or maintained without a revision of this constitution. 
 
 Approved March 10, 1913. 
 
 CHAPTER 97. 
 
 (S. B. No. 157— Bronson.) 
 
 A CONCURRENT RESOLUTION. 
 
 For an Amendment to the Constitution Providing for the 
 Elective Franchise. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Therein Concurring: 
 
 That the following amendment to the Constitution of the 
 State of North Dakota be referred to the Legislative Assem- 
 
STATE OF NORTH DAKOTA 129 
 
 bly to be chosen at the next general election, be published, 
 and upon agreement, by the Legislature so chosen next, ^s 
 aforesaid to be submitted to the people at the general elec- 
 tion in the year 1916 for approval or rejection, in accord- 
 ance with the provisions of Section 202 of the Constitution 
 of the State of North Dakota : 
 
 Section 121 of Article 5 of the Constitution of North Da- 
 kota, as amended by Article 2 of the Amendments to tho 
 said Constitution, shall be and is hereby amended and re- 
 enacted to read as follows: : 
 
 § 121. Every person of the age of twenty-one years or 
 upwards, belonging to either of the following classes, who 
 shall have resided in the state one year and in the county 
 three months and in the precinct sixty days next preceding 
 any election, shall be a qualified elector at such election. 
 
 First: Citizens of the United States. 
 
 Second: Civilized persons of Indian descent who shall 
 have severed their tribal relations two years next preced- 
 ing such election. 
 
 Approved March 10, 1913. 
 
 (S. B. No. 319— Committee on State Affairs.) 
 
 A CONCURRENT RESOLUTION 
 
 Amending the Constitution of the State of North Dakota 
 Providing for the Establishment and Location of a State 
 Hospital for the Insane. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring- 
 
 The following proposed amendment to Section 216, Ar- 
 ticle 19 of the Constitution of the State of North Dakota is 
 referred to the Legislative Assembly to be chosen at the 
 next general election in said state, to be by such last men- 
 tioned Legislative Assembly submitted to the qualified 
 electors of this state for approval or rejection in acordanci 
 with the provisions of Section 202 of the Constitution of 
 the State of North Dakota. 
 
 Amendment.] Section 216 of the Constitution of the 
 State of North Dakota is amended to read as follows: 
 
 § 216. The following named public institutions arc 
 hereby permanently located as hereinafter provided, each 
 
130 ELECTION LAWS 
 
 to have so much of the remaining grant of one hundred 
 and seventy thousand (170,000) acres of land made by tho 
 United States for "other educational and charitable insti- 
 tutions" as is allotted by law, namely; 
 
 First: A soldiers' home, when located, or such other 
 charitable institution as the Legislative Assembly may de- 
 termine, at Lisbon, in the County of Ransom, with a grant 
 of forty (40000) acres of land. 
 
 Second: A blind asylum, or such other institution as 
 the Legislative Assembly may determine at such place in 
 the County of Pembina as the qualified electors of sai I 
 county may determine, at an election to be held as pre- 
 scribed by the Legislative Assembly, with a grant of thirty 
 thousand (30,000) acres. 
 
 Third: An industrial school and school for manual 
 training, or such other educational or charitable institution 
 as the Legislative Assembly may provide, at the town of 
 Ellendale, in the County of Dickey, with a grant of forty 
 thousand (40,000) acres. 
 
 Fourth: A School of Forestry, or such other institution 
 as the Legislative Assembly may determine, at such placi 
 in one of the counties of McHenry, Ward, Bottineau and 
 Rolette, as the electors of the said counties may determino 
 by an election for that purpose, to be held as provided by 
 the Legislative Assembly. 
 
 Fifth: A Scientific School, or such other educational or 
 charitable institution as the Legislative Assembly may pre- 
 scribe at the City of Wahpeton, County of Richland, with a 
 grant of forty thousand (40,000) acres. 
 
 Sixth: A state normal school at the City of Minot, in the 
 County of Ward. 
 
 Seventh: (B) A state hospital for the insane at such 
 place within this state as shall be selected by the Legist i - 
 tive Assembly; provided, that no other institution of a char- 
 acter similar to any one of those located by this ArticJe 
 shall be established or maintained without a revision of 
 this Constitution. 
 
 Approved March 10, 1913. 
 
STATE OF NORTH DAKOTA 131 
 
 (S. B. No. 370— Hanley.) 
 
 A CONCURRENT RESOLUTION. 
 
 Amending the Constitution of the State of North Dakota, 
 Changing the Name of the State Reform School Located 
 at Mandan, in tlie County of Morton, to that of State 
 Farm and Mechanic Art School. 
 
 Be It Resolved by the Senate of the State of North Dakota, 
 the House of Representatives Concurring- 
 
 That the following proposed amendment to Section 215 
 of the Constitution of the State of North Dakota be re- 
 ferred to the Legislative Assembly to be chosen at the next 
 general election in said state to be by said last mentioned 
 Legislative Assembly submitted to the qualified electors of 
 the state for approval or rejection in accordance with th^ 
 provisions of Section 202 of the Constitution of the State of 
 North Dakota. 
 
 Amendment.] Article 19, Section 215 of the Constituion 
 of the State of North Dakota is amended so as to read as 
 follows: 
 
 § 215. The following public institutions of the state are 
 permanently located at the places hereinafter named, each 
 to have the lands specifically granted to it by the United 
 States in the Act of Congress approved February 22, 1880, 
 to be disposed of and used in such manner as the Legisla- 
 tive Assembly may prescribe subject to the limitations pro- 
 vided in the Article on school and public lands contained 
 in this Constitution. 
 
 First: The seat of government at the City of Bismarck, 
 in the County of Burleigh. 
 
 Second: The State University and the School of Mines 
 at the City of Grand Forks, in the County of Grand Forks. 
 
 Third: The Agricultural College at the City of Fargo, 
 in the County of Cass. 
 
 Fourth: A State Normal School at the City of Valley 
 City, in the County of Barnes, and the Legislative Assem- 
 bly in apportioning the grant of eighty thousand acres of 
 land for normal school made in the act of Congress re- 
 ferred to shall grant to the said normal school at Valley 
 City, as aforementioned, fifty thousand (50,000) acres, and 
 said lands are hereby appropriated to said institution for 
 that purpose. 
 
 Fifth: The School for the Deaf and Dumb of North Da- 
 kota at the City of Devils Lake, in the County of Ramsey. 
 
132 ELECTION LAWS 
 
 Sixth: A State Farm and Mechanic Arts School at the 
 City of Mandan, in the County of Morton. 
 
 Seventh: A State Normal School at the City of May 
 ville, in the County of Traill, and the Legislative Assembly 
 in apportioning the grant of lands made by Congress in th::; 
 Act aforesaid for state normal schools, shall assign thirty 
 thousand (30,000) acres to the institution hereby located at 
 Mayville, and said lands are hereby appropriated for sai I 
 purpose. 
 
 Eighth: A State Hospital for the Insane at the City of 
 Jamestown, in the County of Stutsman. And the Legisla- 
 tive Assembly shall appropriate twenty thousand acres of 
 the grant of lands made by the Act of Congress aforesaid 
 for other educational and charitable institutions to the 
 benefit and for the endowment of said institution, and there 
 shall be located at or near the City of Grafton, in the County 
 of Walsh, an institution for the feeble minded, on the 
 grounds purchased by the secretary of the interior for a 
 penitentiary building. 
 
 Approved March 10, 1913. 
 
 (H. B. No. 116— Norheim.) 
 
 A CONCURRENT RESOLUTION 
 
 Amending the Constitution of the State of North Dakotc^ 
 Relating to Uniformity of Taxation, and Permitting the 
 Classification of Property for the Purpose of Taxation 
 and Relating Further to the Assessment and Taxation 
 of Certain Public Utility Companies. 
 
 Be It Resolved by the House of Representatives of the State 
 of North Dakota, the Senate Concurring: 
 
 The following proposed amendments to Sections 176 an I 
 179, as amended by Article 4 of the Constitution of North 
 Dakota, of Article 11 of the Constitution of North Dakota, 
 adopted by the Twelfth Legislative Assembly, and by it re- 
 ferred to the Thirteenth Legislative Assembly of said state 
 for approval or rejection are hereby agreed to and such 
 amendments shall be submitted to the qualified voters of 
 the state at the next general election for approval or rejec- 
 tion, in accordance with the provisions of Section 202 of 
 the Constitution of the State of North Dakota. 
 
 § 1. Amendment.] Section 176. Taxes shall be uniform 
 upon the same class of property, including franchises witli- 
 
STATE OF NORTH DAKOTA 133 
 
 in the territorial limits of the authority levying the tax, and 
 shall be levied and collected for public purposes only, but 
 the property of the United States, and of the state, county 
 and municipal corporations, shall be exempt from taxa- 
 tion; and the Legislative Assembly shall by a general lav 
 exempt from taxation property used exclusively for school, 
 religious, cemetery, charitable or other public purposes, and 
 personal property to any amount not exceeding in value 
 two hundred dollars for each individual liable to taxation; 
 provided that all taxes and exemption in force when this 
 amendment is adopted shall remain in force, in the same 
 manner and to the same extent until otherwise provided by 
 statute. 
 
 § 2. Amendment.] Section 179, as amended by Article 
 4 of the Constitution of the State of North Dakota, is 
 amended to read as follows : 
 
 § 179. All taxable property except as hereinafter in this 
 Section provided, shall be assessed in the county, city, town- 
 ship, village or district in which it is situated, in the man- 
 ner prescribed by law. The property including franchises 
 of all railroads operated in this state, and of all express 
 companies, freight line companies, dining car companies, 
 sleeping car companies car equipment companies, or pri- 
 vate car line companies, telegraph or telephone companies 
 or corporations operating in this state and used directly or 
 indirectly in the carrying of persons, property, or messages, 
 shall be assessed by the state board of equalization in a 
 manner prescribed by such state board of commissions as 
 may be provided by law. But should any railroad allow 
 any portion of its railway to be used for any purpose other 
 than the operation of a railroad thereon such portion of its 
 railway, while so used, shall be assessed in the manner pro- 
 vided for the assessment of other real property. 
 
 Approved February 26, 1913. 
 
 GENERAL ELECTION LAWS 
 
 § 603. General election, w^hen held.] On the first 
 Tuesday after the first Monday in November of each even 
 numbered year an election shall be held in the several 
 election districts of the state which shall be known as the 
 general election, and the several state, district and county 
 officers, judges of the supreme and district courts, mem- 
 bers of the legislative assembly and members of the con- 
 gress of the United States, shall be elected at the general 
 
134 ELECTION LAWS 
 
 election next preceding the expiration of the term of each 
 of such officers, respectively, except such officers as are re- 
 quired by law to be elected at special elections, and on a 
 year when a president and a vice president of the United 
 States are to be chosen a number of electors of president 
 and vice president of the United States equal to the num- 
 ber of senators and representatives to which this state is 
 entitled in the congress of the United States shall be 
 elected at such election. [R. G. 1899, § 477.] 
 
 § 604. Highest number of votes elects.] In all elec- 
 tions for the choice of any officer, unless it is otherwise ex- 
 pressly provided, the person receiving the highest number 
 of votes for any office shall be deemed to have been elected 
 to that office. R. C. 1899, § 478.] 
 
 § 605. Who entitled to vote.] Every person of the age 
 of twenty-one years or upwards, belonging to either of the 
 following classes, who shall have resided in the state one 
 year and in the county six months, and in the precinct 
 ninety days next preceding any election, shall be a quali- 
 fied elector at such election: 
 
 First: Citizens of the United States. 
 
 Second: Civilized persons of Indian descent who shall 
 have severed their tribal relations two years next preceding 
 such election, provided they have complied with the pro- 
 visions of any law which is now or may in the future be in 
 force relating to the registration of voters, and all persons 
 possessing the qualifications mentioned in this Section, and 
 who have resided in this state one year, shall be eligible to 
 any office in this state, except as otherwise provided in the 
 Constitution. 
 
 This Act shall not be in force until adopted by a majority 
 of the electors of the state, voting at the general election 
 to be held in the year 1914, and this Act shall be submitted 
 for adoption to the electors at such general election in 191 1. 
 (1913 ch. 151.) 
 
 § 606. Qualifications of Indian voters.] No Indian or 
 person of Indian descent who has not received a final pat- 
 ent conveying the title in fee of lands alloted to him within 
 the boundaries of this state, pursuant to an act of the con- 
 gress of the United States, approved February 8, 1887, and 
 entitled "An act to provide for the allotment of lands in 
 severalty to Indians on the various reservations, and to ex- 
 tend the protection of the laws of the United States and the 
 territories over the Indians, and for other purposes," shall 
 be deemed a qualified elector of the state of North Dakota, 
 
STATE OF NORTH DAKOTA 135 
 
 or be entitled to the rights and privileges of an elector 
 therein unless he was born within the limits of the United 
 States, and has voluntarily taken up his residence within 
 this state separate and apart from any tribe of Indians 
 therein, and adopted the habits of civilized life, and is in 
 no manner subject to the authority of any Indian chief or 
 council or Indian agent of the United States. [1895, ch. 58, 
 § 1; R. G. 1899, §480.] 
 
 (Unconstitutional in so far as it restricts the right of 
 suffrage. State ex rel Tompton v. Denoyer, et al, 6 N. 
 D. 586, 75 N. W. 1014 
 
 Article 4. — ^Election Precincts. 
 
 § 607. Precincts, how formed.] The board of county 
 commissioners of each county in the state shall, at its first 
 session after the taking effect of this section, divide its 
 county into election precincts and establish the boundaries 
 of the same, if it has not heretofore done so, and the said 
 board of county commissioners, whenever deemed neces- 
 sary, shall subdivide any precinct containing two or mor-j 
 congressional townships; providing, that every precinct so 
 established shall comprise at least one congressional town- 
 ship. The entirety of civil townships, cites or villages as 
 voting precincts shall be preserved when possible, except 
 when such preservation would conflict with the provisions 
 of this section. In such case the civil township, city or vil- 
 lage, except as hereinafter provided, shall be divided into 
 two or more precincts, but in no case shall a precinct be 
 composed of parts of two civil townships, or part of a town- 
 ship and city or village, excepting as hereinafter provided. 
 Such board of commissioners shall designate one voting 
 place in each precinct. No precinct shall contain more than 
 three hundred electors. If at any election hereafter held, 
 more than three hundred votes shall be cast at any voting 
 place, it shall be the duty of the inspector in such precinct 
 to report such fact to the board of county commissioners, 
 which board shall, at its next regular meeting divide such 
 precinct as nearly as possible, so that the new precincts 
 formed therefrom shall each contain two hundred and fifty 
 electors, as nearly as practicable, provided, that nothing in 
 this section shall be construed as prohibiting townships ad- 
 joining or having within their boundaries an incorporated 
 city, town or village, of less than fifteen hundred inhabi- 
 tants, from holding their election and having their voting 
 place within the corporate limits of such city, town or vil- 
 lage; provided, further, that when the combined vote of 
 any township and incorporated city, town or village, or the 
 
136 ELECTION LAWS 
 
 combined vote of any township and any portion of any in- 
 corporated city, town or village, within its boundaries or 
 within the town lines or section lines which form the 
 boundaries thereof, does not exceed three hundred, such 
 township and incorporated city, town or village, may have 
 but one voting place. [1891, ch. 66. § 7; 1897, ch. 44; R. C. 
 1895, § 481; 1903, ch. 90.] 
 
 Article 5. — Election Officers and Their Duties. 
 
 § 608. Inspectors and judges of elections Qualifica- 
 tions OF. Duties.] The chairman of the board of super- 
 visors in organized townships shall by virtue of his otfice 
 be inspector of elections. In case the township contains 
 more than three hundred voters, such chairman shall be 
 inspector of elections in the precinct in which he resides, 
 and shall appoint the inspector in all other precincts which 
 are component parts of the township of which he is chair- 
 man. In case the township and any incorporated town or 
 village within its limits contain less than three hundred vot- 
 ers and such township or incorporated town or village 
 have but one voting place, the chairman of the township 
 board of supervisors shall be inspector of elections. In all 
 cities in which the aldermen are elected in different years, 
 the senior alderman shall be inspector of elections for tliQ 
 precinct in which he resides; and in cities in which the 
 aldermen are not so elected, the alderman who shall act as 
 inspector of elections shall be determined by lot in such 
 manner as the city council shall prescribe. In case a ward 
 in any city contains more than three hundred votes, the 
 senior alderman or tlie alderman chosen by lot shall be in- 
 spector of elections for the precinct in which he resides, 
 and shall appoint the inspectors in all other precincts which 
 are component parts of the ward of which he is alderman. 
 In incorporated towns and villages the president of the 
 town or village board of trustees shall act as inspector, and, 
 if the town or village contains more than three hundred 
 voters, he shall act as inspector of the precinct in which he 
 resides, and appoint the inspectors in the other precincts. 
 In case the alderman designated or selected to act as in- 
 spector in any ward is disqualified from acting, the othe:' 
 alderman of the ward shall act as inspector, and appoint 
 other inspectors when necessary; and in case the president 
 of the board of trustees of any town or village is disquali- 
 iied, the remaining members of the board shall select one 
 of their number to act as such inspector, and appoint other 
 inspectors when necessary. The inspector shall, prior to 
 the opening of the polls in his precinct, appoint as judges 
 of election two qualified electors of such precinct who shall 
 
STATE OF NORTH DAKOTA 137 
 
 have been resident freeholders therein for at least ninety 
 days next preceding such election, and who are members 
 of different political parties and of the parties which cast 
 the highest number of votes at the preceding general elec- 
 tion; provided, that if at least one week prior to such elec- 
 tion the chairman of the county central committee of either 
 of the two parties that cast the largest number of votes in 
 the state at the last general election, shall nominate a mem- 
 ber of such party as judge, having the qualifications above 
 prescribed, presenting a certificate of such nomination 
 signed by such chairman, he shall be appointed by the in- 
 spector, and such judges together with the inspector shall 
 constitute the board of elections. No person shall be a 
 member of the board of elections who has anything of 
 value bet or wagered on the result of such election, or who 
 is a candidate or is the father, father-in-law, son, son-in- 
 law, brother or brother-in-law of any candidate at such 
 election. If at any time before or during an election it 
 shall be made to appear to any inspector, by the affidavit of 
 two or more qualified electors of the precinct, that either of 
 the judges is disqualified under the provisions of this sec- 
 tion, he shall at once remove such judge and fill the place 
 with a qualified person of the same political party as the 
 judge removed, and in case such person so disqualified 
 shall have taken the oath of office as prescribed by law, the 
 inspector shall place such oath and affidavit before the 
 state's attorney of the county; provided, that in case such 
 inspector is disqualified from acting, the other two mem- 
 bers of the board of township supervisors and the clerk 
 shall, at least ten days before the date of holding the elec- 
 tion, hold a meeting for the purpose of filling such vacancy. 
 Such vacancy shall be filled by appointing an inspector who 
 shall belong to the same political party as the disqualified 
 inspector, and the name of the inspector so appointed shall 
 at once be reported to the county auditor by such clerk. 
 [1893, ch. 60, § 5; 1897, ch. 78; R. C. 1895, § 483.] 
 
 § 609. Inspectors of election in unorganized townships, 
 HOW appointed.] In precincts consisting of unorganized 
 townships the board of county commissioners shall at the 
 July session of such board next preceding an election ap- 
 point in each precinct, as inspector of such election, some 
 qualified elector of such precinct. Such inspector shall be- 
 fore the time of opening the polls in his precinct appoint 
 two judges of election as provided in the preceding section 
 and such judges and inspector shall constitute the board of 
 election for that precinct. If any member of the board of 
 election shall fail to appear at the hour appointed for the 
 opening of the polls the remainder of the board shall select 
 
 1 
 
138 ELECTION LAWS 
 
 a member of his political party to serve in his stead; pro- 
 vided, that if the qualified electors of his party present at 
 the polls shall nominate a qualified person for such va- 
 cancy, such nominee shall be appointed. If none of the 
 members of the election board shall appear at the hour 
 appointed for opening the polls the qualified electors pres- 
 ent shall elect a board viva voce as nearly as possible in 
 conformity with the provisions hereof. [1891, ch. 66, § 16b; 
 R. C. 1895, § 484.] 
 
 § 610. Poll clerks.] Such board of election shall ap- 
 point as poll clerks two qualified electors of the precinct, 
 one from each of the two parties that cast the largest vote 
 at the last state general election. [1891, ch. 66, § 16c; R. G. 
 1899, § 485.] 
 
 § 611. Oath of election officers.] Previous to the 
 votes being taken the inspectors, judges and clerks of elec- 
 tion shall severally take and subscribe an oath in the fol- 
 lowing form: "I, A. R., do solemnly swear (or afhrm as 
 the case may be), that I will perform the duties of in- 
 spector, judge or clerk (as the case may be) acording to law 
 and the best of my ability; and that I will studiously en- 
 deavor to prevent fraud, deceit and abuse in conducting 
 the same." Such oath may be taken before any officer au- 
 thorized to administer oaths, and in case no such officer is 
 present at the opening of the polls the inspector or judges 
 of election are authorized to administer such oath to each 
 other and to the clerks of election and the person adminis- 
 tering such oaths shall cause an entry thereof to be made 
 and subscribed by him and prefixed to the poll book. [R. 
 G. 1899, §486.] 
 
 § 612. Poll list, clerk to keep.] Each clerk of election 
 shall keep a poll list which shall contain in numerical order 
 the names of all the persons voting at such election. [R. G. 
 1899, § 487.] 
 
 § 613. Duty of inspector and judge to challenge.] If 
 any inspector or judge of election shall know or have reason 
 to believe that any person offering to vote is not a qualified 
 elector it shall be his duty to challenge the right of such per- 
 son to vote. [R. G. 1895, § 488.] 
 
 Article 6. — Election Supplies. 
 
 § 614. Rallots to be printed and distributed at public 
 EXPENSE.] At all general or special elections for state, dis- 
 trict, county, city, township, village or other public officers 
 within the state, including elections in cities, towns and vil- 
 
 I 
 
STATE OF NORTH DAKOTA 139 
 
 lages in corporated by special act, all ballots cast shall be 
 printed and distributed at public expense, as hereinafter 
 provided. The printing of ballots and cards of instruction 
 for the electors in each county and the delivery of the same 
 to the election olFicers as hereinafter provided shall be a 
 county charge and for municipalities a municipal charge, 
 the payment of which shall be provided for in the same 
 manner as other county and municipal expenses; provided, 
 that the provisions of this chapter shall not apply to elec- 
 tions for civil township or school district officers, nor to elec- 
 tions in incorporated cities and villages having less than 
 three hundred legal voters as evidenced by the vote cast 
 therein at the last preceding city or village election. [1891, 
 ch. 66, § 1; 1893, ch. 60, § 1; R. C. 1895, § 489.] 
 
 § 615. Elector may write name of candidate on ticket, 
 WHEN.] Except as otherwise provided in this chapter it 
 shall be the duty of the auditor of each county to provide 
 printed ballots for every election for public officers in 
 which the electors or any of the electors within the county 
 participate and he shall cause to be printed on the ballots 
 the name of each candidate whose name has been certified 
 to or file with him in the manner provided for in this chap- 
 ter. Ballots other than those printed by the respective 
 county auditors shall not be cast or counted in any election. 
 Nothing in this chapter shall prevent any voter from writ- 
 ing or pasting on his ballot the name of any person for 
 whom he desires to vote and such vote shall be counted the 
 same as if printed on the ballot and marked by the voter. 
 [1891, ch. 66, § 15; R. G. 1899, § 490.] 
 
 § 616. Ballots. How prepared.] All ballots prepared 
 under the provisions of this chapter shall be white and of 
 uniform quality of paper printed in black ink, and of suffi- 
 cient width to contain all of the tickets to be voted for, un- 
 der the appropriate party designation for each and of suffi- 
 cient length to contain all the names of the candidates to 
 be voted for at said election. On the left hand of said ticket 
 shall be a column designating the office to be voted for, and 
 on the same line in the column under the appropriate party 
 designation of each, all the names of the candidates duly 
 nominated for that office shall be printed. Where there is 
 more than one person to be elected to an office, there shall 
 be printed in plain type immediately under the designation 
 of the office to be voted for, the following words, "Vote for 
 (number) names only; Mark X after name to be voted for 
 and cross out names not desired. The names of the great- 
 est number of candidates for such an office appearing in 
 either of the two left hand columns, or if said two left hand 
 
140 ELECTION LAWS 
 
 columns have an equal number of names, then the first left 
 hand column, and every second column to the right thereof 
 on said ballot shall be alternated in the printing of said 
 official ballot for each precinct by changing the position of 
 the names in each office division as many times as there 
 are candidates for such office." There shall be a space be- 
 tween the party designation at the top of each column and 
 the names at the head of the ticket of five-eights of an inch, 
 in the center of which there shall be a square formed of 
 black lines, in which the voter by his mark may declare 
 that he voted for all names printed in that column, except 
 such as are erased, or pasted or written over, or where the 
 voter places a cross (X) or mark following the name of a 
 candidate in another column, such name shall be counted 
 in lieu of the name for the same office in the column voted 
 for at the head of the ticket; provided, further, that where 
 there are groups of names for a like position and a cross 
 (X) is placed at the head of a party designation, and th^ 
 voter places a cross or mark, following the name of one or 
 more candidates in a group, in another column and fails 
 or neglects to strike out the same number of names in the 
 column originally voted for, the intention of the voter shall 
 be construed to having voted for the name or names in the 
 group so marked and the name or names in the same line 
 on the opposite group shall not be counted. There shall 
 also be left under the name of each candidate sufficient 
 space to write, or paste a name therein, in lieu of the one 
 printed on the ticket, and on the same line with the name 
 of each candidate, and at the end of his name there shall be 
 a space enclosed in a square of black lines, in which the 
 voter may designate by a cross or other mark, his choice 
 for each candidate opposite the name of such candidate. 
 The fact that a name has been written or pasted opposite 
 the office to be voted for shall be deemed sufficient evidence 
 that the person depositing such ballot intended to vote for 
 the person whose name he has written or pasted thereon, 
 and not for the person whose name was originally printed 
 on the ballot whether he shall make a mark or cross oppo- 
 site such written or pasted name or not. The names of can- 
 didates under headings designating each official position 
 shall be alternated on the official ballot in the printing in 
 the manner as provided by the primary election law. 
 
 (Persons nominated by paper or by petition shall be 
 placed in one or more columns under the designation of 
 "Individual Nomination," on the same line with the offices 
 for which they are nominated.) 
 
 Constitutional amendments duly certified to the auditor 
 by the secretary of state or any question to be voted for 
 
STATE OF NORTH DAKOTA 141 
 
 aside from the election of public otTicers, shall be printed 
 on a separate ballot and shall be deposited in a box sep- 
 arate from that provided to receive the ballots for public 
 ofiicers. The ballots must embrace the constitutional 
 amendments in full, and there shall be printed at the bot- 
 tom of the amendments the word "yes" and underneath 
 the same word "no," and opposite each a square formed of 
 black lines, and the elector shall designate by a cross or 
 other mark within the square how he desires his vote re- 
 corded. If the question be other than a constitutional 
 amendment, it shall be stated fully and fairly on such bal- 
 lot, and the words "yes" and "no," shall be printed on the 
 ballot at the close of the statement of the question in sep- 
 arate lines with a square formed of black lines after each 
 in which the voter may indicate by cross or other mark 
 how he desires to vote on the question. Where two or more 
 amendments or questions are to be voted on they shall be 
 printed on the sample ballot. (1911 ch. 130.) 
 
 § 617. Candidate's name in one column only.] When 
 the same candidate has been nominated for the same office 
 by more than one assembly, convention or body of electors 
 qualified to make nominations for public office, such can- 
 didate shall file with the proper officer designated in sec- 
 tion 626, on or before the day fixed by law for the filing of 
 certificates of nomination for such office, a statement in 
 writing signed by himself designating one of the columns 
 upon such ballot alloted to one of the parties, assemblies, 
 conventions or bodies of electors by whom said candidate 
 has been nominated, as to the column upon such ballot in 
 which such candidate desires his name to appear upon such 
 ballot, and such candidate's name shall be printed upon 
 such ballot in such column, but in no other. But if such 
 candidate shall refuse or neglect to give notice to the pro- 
 per officer, as above provided, specifying in which column 
 he wishes his name printed on the ballot, then in such case 
 the said officer shall cause his name to be printed in the 
 column of the party or political organization from which 
 he received first notice of such person's nomination. [1891, 
 ch. 66. § 17; 1893, ch. 60, § 6; 1897, ch. 76; R. G. 1899, § 491.] 
 
 § 618. Arrangement of names.] The candidates of th3 
 party casting the highest number of votes in the combined 
 congressional districts of the state for members of congress 
 at the last preceding general election shall be arranged in 
 the first or left-hand column of such ballot; of the party 
 casting the next highest number of votes, in the second 
 column; of the party casting the next highest number of 
 votes, in the third column; and of any other party as the 
 
142 ELECTION LAWS 
 
 Secretary of State may direct for state officers, or the 
 county auditor for county officers, the municipal or city 
 auditor, or, in municipalities or cities not having a muni- 
 cipal or city auditor, the municipal or city clerk, 
 for municipal or city officers; or the j^resident of 
 the board of trustees of incorporated villages for 
 village officers, in presidential years. The names of 
 electors of president and vice-president of the United States 
 presented in one certificate of nomination shall be ar- 
 ranged in a group inclosed in brackets, to the right and 
 opposite the center of which shall be printed in bold type 
 the surname of the presidential candidate represented. To 
 the right and in a line with such surname, near the margin, 
 shall be placed a single square, and a mark within such 
 square shall be designated a vote for all the electors, and 
 such group shall be placed at the head of the column under 
 the party designated or represented in such certificate. The 
 auditor shall prepare the necessary ballots whenever any 
 question is required by law to be submitted to a vote of the 
 electors of any subdivision and not the state generally. The 
 municipal or city auditor, or clerk, as the case may be, 
 shall prepare and direct the printing and distributing of all 
 ballots for municipal or city elections and for all questions 
 that may be submitted to a vote of the electors of such 
 municipality, except as provided in Section 614. (1913 
 chap. 152.) 
 
 § 619. County auditor to prepare ballots. Number. 
 Poll books.] The county auditor of each county shall pro- 
 vide for each election precinct in his county two ballots for 
 each vote cast in such precinct at the last general election. 
 Such ballots shall be distributed in packages or blocks con- 
 taining no more than one hundred and fifty ballots each. 
 The county auditor may provide for any such precincts 
 such additional ballots as he may deem necessary. Eacli 
 county auditor shall, at least five days before any election, 
 have the ballots printed and the same may be inspected in 
 the office of such auditor by any person. Such auditor shall 
 also, at least five days before any election, send to the in- 
 spector in each precinct five copies of such ballot printed 
 upon tinted paper, and such inspector shall post the same 
 in five public places in his precinct, one of such copies to be 
 posted at the polling place therein, for which services such 
 inspector shall receive two dollars. The auditor shall at 
 the time of distributing such copies cause to be delivered to 
 the several inspectors the necessary number of blank forms 
 of poll books and also blanks for the election returns with 
 the proper captions, forms of oath and forms of certificates 
 and tally sheets necessary to carry out the provisions of 
 
 4 
 
STATE OF NORTH DAKOTA 143 
 
 this chapter. [1891, ch. 66, § 18; 1893, ch. 60, § 7; 1895, !^ 
 492.] 
 
 § 620. Ballots, how delivered. Official stamps..] 
 Each county auditor shall deliver or cause to be delivered 
 by mail or other reliable method, to the inspector of elec- 
 tion in each precinct in his county, the official ballot pre- 
 pared by him, together with suitable manilla wrappers as 
 hereinafter provided, at least twenty-four hours before the 
 hour of opening the polls on election day. Such ballots 
 and manilla wrappers shall be delivered in sealed packages 
 marked on the outside plainly designating the number of 
 ballots inclosed and the precinct for which they are in- 
 tended. He shall also deliver or cause to be delivered to 
 such inspector, or if that is impracticable, to one of the 
 judges of election of such precinct, a stamp with an ink-pad 
 for the purpose of stamping each ballot with the words 
 "official ballot" and name or number of the precinct, the 
 name of the county and the date of the election, and also a 
 metal stamp the name of the county inscribed thereon for 
 the purpose of stamping the wrapper containing the ballots 
 as provided in Section 2 of this Act. (1913 chap. 154.) 
 
 § 621. Instructions to be printed.] Each county audi- 
 tor shall cause to be printed on cards in large type full in- 
 structions to electors as to the manner of obtaining and 
 preparing ballots and also containing a copy of section 683, 
 684, 86l4 and 8615. He shall furnish ten such cards to the 
 judges of election in each election precinct and the judges 
 of election shall at the opening of the polls post at least one 
 of such cards in each booth or compartment provided for 
 the preparation of ballots and at least three of such cards 
 in and about the polling place. There shall also be posted 
 in each booth or compartment one of the official ballots 
 without the official stamp hereinbefore provided for, and 
 not less than three of such ballots shall be posted in other 
 places in and about the polling place upon the morning of 
 election. [1891, ch. 66, § 29; R. C. 1899, § 494.] 
 
 § 622. Poll books, contents of and how delivered.] It 
 shall be the duty of the county auditor to provide uniform 
 poll books for the use of his county, each poll book to con- 
 tain a copy of the law prescribing the qualifications of elec- 
 tors and so much of this chapter as relates to the duties of 
 inspectors, judges, and clerks of election, and the penalties 
 imposed for offenses; such poll book shall also contain 
 blanks for all entries required to be made therein; he shall 
 also deliver to the sheriff two copies of said poll books for 
 each election precinct in the county, and the sheriff shall de- 
 liver the same to each inspector of election, and such inspec- 
 
144 ELECTION LAWS 
 
 tor of election shall deliver or eause the same to be delivered 
 to the clerks of election in his precinct on the day of elec- 
 tion. [R. G. 1895, § 495.] 
 
 § 623. Ballot boxes to be provided by board of countv 
 COMMISSIONERS.] The board of county commissioners shall 
 at the expense of the county provide suitable ballot boxes 
 lor each election precinct in its county, and a separate bal- 
 lot box in which the ballots of women entitled to vote under 
 this chapter shall be deposited. [R. C. 1895, § 496.] 
 
 § 624. Blanks to be transmitted by secretary of state. ^; 
 The secretary of state shall at least thirty days before each 
 general election transmit to each county auditor blank 
 forms and envelopes for all returns of votes required to be 
 made to his office, with such printed directions on the en- 
 velope as he deems necessary for the guidance of such ofli 
 cers in making returns according to law; and the expenses 
 of furnishing such blanks and envelopes shall be paid for 
 by the state. [R. C. 1899, § 497.] 
 
 § 626. Certificates of nomination, where filed.] Cer- 
 tificates of nomination for candidates for offices to be filled 
 by the electors of the entire state or of any division or dis- 
 trict greater than a county and for legislative offices shall 
 be filed with the secretary of state. [1891, ch. 66. § 4; 1893, 
 ch. 60, § 4; R. C. 1899, § 500; 1905, ch. 109.] 
 
 (Supreme dourt may issue writ of mandamus when 
 auditor refuses to receive and file county nominations. 
 State ex rel Fosser v. Lavik, 9 N. D. 461, 83 N. W. 914. 
 
 Certificate must be made and filed according to law. 
 No substitution of names when certificate not filed. 
 Lucas V. Ringsrud, 3 S. D. 355, 53 N. W. 426. 
 
 § 627. Certificate to contain but one name.] No certi- 
 cate of nomination shall contain the name of more than 
 one candiate for each office to be filled. No person shall 
 participate directly or indirectly in the nomination at cau- 
 cus, in convention or by petition of more than one person 
 for each office to be filled, and no person shall accept a 
 nomination for more than one office. No political party 
 shall be entitled to have placed upon the official ballot more 
 than one set or list of nominees for any state, county, city 
 or other municipal office to be voted for in said state, coun- 
 ty, city or municipality; and in case two or more organiza- 
 tions claiming or purporting to represent the same political 
 party, shall file certificates of nomination under the same 
 party designation, or such certificates indicate that the nom- 
 inations therein mentioned were made by any person or 
 
STATE OF NORTH DAKOTA ;^ 145 
 
 any organization representing the same political party, the 
 secretary of state, in cases where such certificates are filed 
 in his office, shall within the time prescribed by law for cer- 
 tifying state nominations to the county auditor, determine 
 from the best available sources of information which or- 
 ganization filing such certificates has been longest in ex- 
 istence as a political organization representing such party; 
 and only the nominees named by such organization, longest 
 in existence, shall be certified to the county auditor, and 
 such nominations only shall be printed on the official bal- 
 lot. [And in case two or more organizations claiming or 
 purporting to represent the same political party shall file 
 certificates of nomination with the county auditor, city au- 
 ditor, or clerk of any municipality, or such certificates indi- 
 cate that the nominations therein mentioned were made by 
 persons or organizations representing the same political 
 party, the county auditor shall determine from the best 
 available sources of information which organization, filing 
 such certificates, has been longest in existence as a political 
 organization representing such party; and only the nomi- 
 nations made by such organization longest in existence shall 
 be printed on the official ballot; provided, however, that the 
 decision of the officer determining which organization has 
 been the longest in existence in representing such party, 
 shall be subject to review by the court in a proper action 
 instituted for such purpose; and provided, further, that this 
 section shall not be construed to prohibit any new organiza- 
 tion from nominating any person or persons for an office 
 and having such nomination placed on the official ballot^ 
 but such organization shall not adopt the name or designa- 
 tion of the political party represented by the older organiza- 
 tion, if still in existence, and the certificate of nomination 
 filed by it shall, by clear and distinct language, indicate and 
 show that the organization filing it represents a separate 
 and distinct political party.] [1891, ch. 66, § 6; R. G. 1895, 
 § 502; 1901, ch. 48.] 
 
 (Note: — That part of section 627 inclosed in brackets 
 impliedly amended or repealed by chapter 190, laws 
 1905 — sections 501-597 revised codes.) 
 
 § 628. Certificate of nomination.' When to be filed.] 
 Certificates of nomination to be filed with the Secretary of 
 State shall be filed not less than thirty days before the day 
 fixed by law for election of persons in nomination. Such 
 certificate of nomination may be sent by registered letter 
 deposited in the post office on or before the last day and 
 the receipt therefor filed with the county auditor (Certifi- 
 cates of nomination herein directed to be filed with the au- 
 
146 ELECTION LAWS 
 
 ditor shall be filed not less than twenty-five days before the 
 election; but the provisions of this section shall not apply 
 to nominations for special elections to fill vacancies caused 
 by death, resignations or otherwise.) The secretary of state 
 and the several county auditors shall cause to be preserved 
 in their respective ofiices for six months, all certificates of 
 nomination filed therein under the provisions of this article. 
 All such certificates shall be open to public inspection un- 
 der proper regulations to be made by such officers. [1913 
 ch. 156.) 
 
 § 629. Secretary of state to certify nominations for 
 STATE office.] Not Icss than thirty days or more than thirty- 
 five days before an election to fill any state or district office, 
 the secretary of state shall certify to each county auditor 
 within which any of the electors may by law vote for candi- 
 dates for such office, the name and post office address of 
 each person nominated for such office as specified in the 
 certificates of nomination filed with him. [1913 ch. 156.] 
 
 § 630. Nominations to be published, when.] At least 
 ten days before an election to fill any public office under the 
 provisions of this chapter the county auditor of each county 
 shall cause to be published in one or more newspapers with- 
 in the county nominations certified to him under the pro- 
 visions of this chapter. The auditor shall make such publi- 
 cations daily until the election, in counties where daily 
 newspapers are published; but if there is no daily news- 
 paper published within the county two publications in each 
 newspaper will be sufficient; and if there is no newspaper 
 published in any county, written or printed notices shall be 
 posted in at least three public places in each precinct. 
 [1891, ch. 66, § 10; R. G. 1895, § 505.] 
 
 § 631. In case nominee declines, certificate void.] 
 Whenever any person nominated for public office as in this 
 Chapter provided, shall at least thirty days before election, 
 in ^yriting notify the officer with whom the certificate nomi- 
 nating him is filed that he declines such noniination, such 
 nomination shall be void. [1913 ch. 156.] 
 
 § 632. Vacancies on ticket, how filled.] Should any 
 person so nominated die before the printing of the tickets 
 or decline the nomination as in this chapter provided or 
 should a vacancy occur upon the ticket for any other cause 
 the vacancy thus occasioned may be filed in the manner re- 
 quired for original nominations. If the original nomina- 
 tion was made by a party convention which had delegated 
 to a comrnittee the power to fill vacancies, the committee 
 of the political party in whose ticket such vacancy occurs 
 
STATE OF NORTH DAKOTA 147 
 
 may fill the same. The chairman and secretary of such com- 
 mittee shall thereupon make and file with the proper officer 
 a certificate setting forth the cause of the vacancy, the name 
 of the person nominated, the name of the office for which 
 he was nominated, the name of the person for whom the 
 new nominee is to be substituted, the fact that the commit- 
 tee was authorized to fill vacancies and such further in- 
 formation as is required to be given in an original certifi- 
 cate of nomination. When such certificate shall be filed 
 with the secretary of state he shall, in certifying the nomi- 
 nation to the various auditors, insert the name of the per- 
 son who has thus been nominated to fill a vacancy in place 
 of that of the original nominee. And if he has already for- 
 warded his certificate he shall forthwith certify to the audi- 
 tor of the proper county the name and post office address of 
 the person so nominated to fill a vacancy, the office he is 
 nominated for, the party or political principle he represents 
 and the name of the person for whom such nominee is sub- 
 stituted. A failure to publish the name of a person so sub- 
 stituted shall not invalidate the election. [1891, ch. 66, § 
 12; R. G. 1895, § 507.] 
 
 (No substitution of names when certificate not filed. 
 Lucas V. Ringsrud, S. D. 355, 53 N. W. 426.) 
 
 § 633. Vacancy occurring after tickets are printed.] 
 When any vacancy occurs before election day and after the 
 printing of the ballots and any person is nominated accord- 
 ing to the provisions of this chapter to fill such vacancy the 
 officer whose duty it is to have the tickets printed and dis- 
 tributed shall thereupon have printed on a requisite num- 
 ber of stickers the name of such substituted candidate and 
 no other name, and shall mail them by registered letter or 
 send by other reliable method to the judges of election in 
 the various precincts affected by such vacancy, and the 
 judges of election whose duty it is to distribute the tickets 
 shall affix such stickers in the proper place on each ticket 
 before it is given out to the electors. [1891, ch. 66, § 13; R. 
 C. 1899, § 508.] 
 
 § 634. Constitutional amendments to be advertised.] 
 Whenever a proposed constitutional amendment or other 
 question is to be submitted to the people of the state for 
 popular vote the secretary of state shall, not less than thirty 
 days before election, certify the same to the auditor of each 
 county in the state and the auditor of each county shall in- 
 clude the same in the publication provided for in section 
 630. Questions to be submitted to the people of the county 
 shall be advertised as provided for nominees for office in 
 such section. [1891, ch. 66, § 14; R. C. 1899, § 509.] 
 
148 ELECTION LAWS 
 
 § 635. Publication of names. Error, how corrected.] 
 Whenever it shall appear by affidavit that an error or omis- 
 sion has occurred in the publication of the names of the 
 persons nominated or in the printing of the ballots the judge 
 of the district court may upon application of an elector 
 make an order requiring the auditor to show cause why 
 such error should not be corrected and upon the hearing 
 thereof he may make such order as the facts warrant. 
 [1891, ch. 66, § 19; R. C. 1895, § 510.] 
 
 Article 7. — Notice of Election. 
 
 § 636. Notice of election, how given.] The secretary 
 of state shall, between the first days of July and September 
 in such year, direct and cause to be delivered to the county 
 auditor of each county a notice specifying all the state offi- 
 cers whose term of office will expire between the first Mon- 
 day in December and the first Monday in January next suc- 
 ceeding and specifying also the several officers to be chosen 
 in such county at the next general election. The auditor to 
 whom such notice is delivered shall cause notice of the 
 same to be given as provided in the next section. [1892, 
 Sp.;R.C. 1899, §511.] 
 
 § 637. Notice of election to be published. Form. Posted, 
 WHEN.] The county auditors of the several counties shall 
 cause notice of any election to be published in each of the 
 newspapers designated by the board of county commission- 
 ers for the publication of the official proceedings at least 
 once in each week for four consecutive weeks next preced- 
 ing such election. Such notice shall be as nearly as circum- 
 stances will admit, as follows : 
 
 Notice is hereby given that on Tuesday, the day 
 
 of next, at in the township or precinct 
 
 of , in the county of , an election will 
 
 be held for state, district or county officers (naming the 
 officers to be filled as the case may be), which election will 
 be opened at eight o'clock in the morning and will continue 
 open until five o'clock in the afternoon of that day. Dated 
 
 day of A. D. 19... 
 
 (Signed A. B., County Auditor. 
 
 In case there shall be no newspaper published in the 
 county in which such election is to be held, the county audi- 
 tor shall deliver three copies of such notice for each pre- 
 cinct to the sheriff, coroner or other person designated by 
 the board of county coinmissioners and such sheriff, coroner 
 or other person shall post in three of the most public places 
 in each precinct the notice pertaining to such precinct, at 
 
STATE OF NORTH DAKOTA 149 
 
 least twenty days previous to the time of holding any gen- 
 eral election and at least eight days previous to the time of 
 holding any special election, and in cases w^here townships 
 are not set ofl[' by law as election district, such notices shall 
 be posted as follows: One at the huose where the election 
 is authorized to be held and two at two of the most public 
 places in that vicinity. The officer or person shall thereafter 
 file with the county auditor an affidavit of such posting 
 which shall be prima facie evidence of the facts therein 
 stated. [1887, ch. 51, § 5; R. C. 1899, § 512.] 
 
 (Notice of special election posted in one precinct of 
 a county only is fatally defective. Territory vs. Steele, 
 4 Dak. 78, 23 N. W. 91. 
 
 § 638. When polls are to be opened and closed.] At all 
 elections held under the provisions of this chapter the polls 
 shall be open at eight o'clock a. m., and closed at five o'clock 
 p. m. Twenty minutes prior to five o'clock p. m., the in- 
 spector shall proclaim to the electors outside the number of 
 minutes before the polls will be closed and that such closing 
 will be precisely at five o'clock p. m.; provided, however, 
 that whenever it is made to appear to the satisfaction of the 
 board of county commissioners that the conduct of any pri- 
 mary or general election may be facilitated or that the con- 
 venience of the people of any one or more precincts may be 
 better subserved by the opening of the polls in said precinct 
 or precincts at an earlier hour, not earlier than six a. m., or 
 the keeping of the polls in such precinct or precincts open 
 until a later hour, not later than eight p. m., the board shall, 
 at the same meeting at which election precincts are desig- 
 nated and election officers named, by resolution designate 
 the hours at which the polls in such precinct or precincts 
 shall open and close, and that such resolution be published 
 as a part of the notice of election. [1907 ch. 110.] 
 
 § 639. Examination of ballots and box at opening of 
 POLLS.] On the opening of the polls the inspector in each 
 precinct shall produce the sealed package of official ballots 
 and publicly open the same and deliver one block of ballots 
 to the ballot clerk, retaining the other blocks if any until 
 they are needed for voting. Before declaring the polls open 
 such inspector shall see that the ballot box is empty and 
 allow the judges to satisfy themselves thereof after which 
 such box shall be locked. [1891, ch. 66, § 21; R. G. 1899, S 
 514.] 
 
 § 640. Official ballot, how given to elector.] The in- 
 spector or one of the judges of election shall deliver ballots 
 1o the qualified electors. Before delivering any ballot to an 
 
150 ELECTION LAWS 
 
 elector the inspector or judge shall print on the back and 
 near the top of the ballot with a stamp provided for that 
 purpose, the designation "official ballott" and the other 
 words provided for in section 620 and also write his initials 
 thereon. Each qualified elector shall be entitled to receive 
 from the judges one ballot. [1891, ch. 66, § 23; R. G. 1899, 
 § 515.] 
 
 § 641. Only one person in booth.] Not more than one 
 person shall be permitted to occupy any one booth or com- 
 partment at one time and no person shall remain in or 
 occupy a booth or compartment longer than may be neces- 
 sary to prepare his ballot and in no event longer than five 
 minutes when the other booths or compartments are occu- 
 pied. [1891, ch. 66, § 25; R. C. 1899, § 517.] 
 
 § 642. In case elector spoils ballot.] No person shall 
 take or remove any ballot from the polling place before the 
 close of the polls. If any voter spoils a ballot he may suc- 
 cessfully obtain others, one at a time, not exceeding three 
 in all, upon returning each spoiled ballot. The ballots thus 
 returned shall be immediately canceled and together with 
 those not distributed to the voters shall be preserved and 
 secured in sealed packages and returned to the county audi- 
 tor from whom received. [1891, ch. 66, § 26; R. G. 1899, § 
 518.] 
 
 § 643. In case of disability of elector.] Any voter, who 
 declares to the judges of election or when it appears to the 
 judges of election that he cannot read or that by blindness 
 or other physical disability he is unable to mark his ballot, 
 shall, upon request, receive the assistance of two of the 
 election officers in the marking thereof who shall be chosen 
 from the different political parties, and such officers shall 
 give no information regarding the same. The judges ma}^ 
 in their discretion require such declaration of disability to 
 be made by the voter under oath and they are authorized to 
 administer such oath. No elector, other than one who is 
 unable to read or on account of physical disability is unable 
 to mark his ballot, shall divulge to any one within the poll- 
 ing place the name of any candidate for whom he intends 
 to vote or ask or receive the assistance of any person within 
 the polling place in the preparation of his balolt. [1891, ch. 
 66, § 27; R. G. 1895, § 519.] 
 
 § 644. Judges to deposit ballot in box.] When a ballot 
 shall be received one of the judges without opening the 
 same or permitting it to be opened or examined except to 
 ascertain whether it is a single ballot or not shall deposit it 
 in the ballot box. [R. G. 1899, § 520.] 
 
state of north dakota 151 
 
 § 645. Election booths. False swearing. Penalty.] 
 The inspectors of election shall provide in their respective 
 polling places a sufficient number of booths or compart- 
 ments which shall be furnished with such supplies and con- 
 veniences as to enable the voter conveniently to prepare his 
 ballot for voting, and in which electors may mark their bal- 
 lots, screened from observation and a guard rail with an 
 opening so constructed that only persons within such rail 
 can approach within ten feet of the ballot boxes or booths 
 or compartments herein provided for; provided, that the 
 number of booths or compartments shall not be less than 
 one for each fifty electors or fraction thereof, in the pre- 
 cinct. No election shall be held in a room in which spiritous 
 or malt liquors are commonly sold. Not more than one 
 elector for each booth shall be permitted within the railing 
 at any one time. One challenger appointed and designated 
 from each of the political party organizations shall be en- 
 titled to stand at the opening of the railing at the outside. 
 If any person offering to vote shall be challenged by one of 
 such challengers or by any member of the board of election, 
 such person shall, unless such challenge is withdrawn, stand 
 aside and shall not vote unless he makes an affidavit that he 
 is a legally qualified elector of the precinct, and any one 
 who falsely swears in order to cast his vote shall be guilty 
 of perjury, and upon conviction thereof shall be punished 
 as prescribed in section 8702, chapter 12, penal code of the 
 revised codes of 1905. The expenses of providing such 
 booths or compartments and guard rails shall be a public 
 charge and shall be provided for in the same manner as 
 other election expenses. [1909 ch. 94.] 
 
 § 646. - Ballots of women to be deposited in separate 
 BOX.] No ballot offered by any woman entitled to vote un- 
 der this chapter shall contain the name of any person to be 
 voted for at such election, except candidates for a school 
 office, and no such ballot shall contain any proposition to be 
 voted for except such as pertain solely to school matters; 
 and all such ballots shall be deposited in a separate ballot 
 box, but shall be canvassed with the ballots cast for candi- 
 dates for school office by the male voters at such election. 
 [R. G. 1895, § o22.] 
 
 Article 9. — Canvass of Returns. 
 
 § 647. Canvass of votes.] As soon as the polls of the 
 election shall be finally closed the inspectors shall proceed 
 immediately to canvass publicly in the presence of all per- 
 sons desiring to attend the same the votes received at such 
 polls, and continue without adjournment until the canvass is 
 
152 ELECTION LAWS 
 
 completed and the statements hereinafter required are 
 rnade. They shall commence by a comparison of the poll 
 lists and the correction of any mistakes therein until they 
 shall be found or made to agree. The box shall then be 
 opened and the ballots taken out and counted by the inspec- 
 tors, unopened, except so far as to ascertain whether each 
 ballot is single; and if two or more ballots are found so fold- 
 ed together as to present the appearance of a single ballot 
 they shall be laid aside until the count of the ballot is com- 
 pleted; and if, upon a comparison of the count and the ap- 
 pearance of such ballot, a majority of the inspectors shall 
 be of the opinion that the ballots thus folded together wero 
 voted by one elector, they shall be destroyed. If the ballots 
 in the box shall be found to exceed in number, after any 
 such ballots folded together are destroyed, the whole num- 
 ber of votes on the poll lists, they shall be replaced in the 
 box and one of the inspectors shall publicly draw therefrom 
 by chance and without examination thereof and destroy as 
 many ballots unopened as shall be equal to such excess. The 
 number of ballots agreeing, or so as aforesaid being made 
 to agree with the poll lists, the inspectors shall then proceed 
 to open, count and ascertain the number of votes. [1891, ch. 
 66, § 35; R. G. 1899, § 523.] 
 
 (When name of candidate appears more than once 
 on ballot, cannot be counted. Parmley v. Healy, 7 S. D. 
 401, 64 N. W. 186; Vallier v. Brakke, 7 S. D. 343, 64 N. 
 W. 180.) 
 
 (Construction given markings on ofhcial ballots is a 
 question for court and not for jury. Identifying marJj; 
 vitiates ballot. Church vs. Walker, 10 S. D. 90, 72 N. W, 
 101.) 
 
 § 648. Ballots, when void.] In the canvass of the votes, 
 any ballot which is not indorsed as provided in this chapter 
 by the official stamp and initials shall be void and shall not 
 be counted, and any ballot or parts of a ballot from which it 
 is impossible to determine the elector's choice shall be void 
 and shall not be counted; provided, that when a ballot is 
 sufficiently plain to gather therefrom a part of the voter's 
 intention it shall be the duty of the judges of election to 
 count such part. [1891, ch. 66, § 30; R. C. 1899, § 524.] 
 
 (Mandatory. Unstamped ballots illegal. Miller v. 
 Schallern, 8 N. D. 395, 79 N. W. 865; Lorin v. Seitz, 8 N. 
 D. 404, 79 N. W. 869; Howser v. Pepper, 8 N. D. 484, 79 
 N. W. 1018.) 
 
 § 649. Result of canvass to be immediately announced.] 
 The inspectors shall as soon as the count is completed pub- 
 
STATE OF NORTH DAKOTA 153 
 
 licly announce the result tliereof, specifying the whole num- 
 ber of votes cast for each office and for each candidate re- 
 spectively; also the number of votes cast for and against 
 each proposition voted for at such election. They shall im- 
 mediately prepare in duplicate a statement in writing set- 
 ting forth at length, in words and figures, the whole number 
 of votes cast for each office and the names of all the persons 
 for whom such votes were cast, together with the number 
 of votes cast for each person; also the number of votes cast 
 for and against each proposition voted upon at such election 
 which statement they shall certify to be correct. [1891, ch. 
 66, § 36; R. C. 1899, § 525.] 
 
 § 650. Returns. How and where made. Compensation 
 OF officers.] The inspector of election or one of the judges 
 appointed by him, shall forthwith deliver to the clerk of the 
 town, city or village, one of such statements and one of such 
 poll lists, together with the stamp inscribed with the words 
 "official ballot," to be filed and preserved in his office, and 
 shall with all convenient dispatch and within three days 
 after the election, deliver the other statement to the county 
 auditor, said statement having been by the judges carefully 
 sealed up, together with the other poll lists, and with the 
 oaths of inspectors and clerks affixed, under cover, properly 
 directed to the county auditor, and the person delivering 
 such returns shall receive as compensation therefor the sum 
 of two dollars and mileage at the rate of ten cents per mile, 
 for each mile necessarily traveled in going to and from such 
 auditor's office, to be paid out of the county treasury on the 
 warrant of the county auditor. 
 
 The statement and poll list aforesaid, having been duly 
 prepared for delivery to the county auditor as aforesaid, 
 the inspector and judges of election shall cause the ballots- 
 of each kind cast at such election to be smoothly spread up- 
 on a wrapper of strong, durable paper of the same width of 
 such ballots and of sufficient strength to permit of its being 
 folded with the said ballots and form a complete wrapper 
 therefor when folded. Such ballots and wrappers shall then 
 DC tightly folded together and the said wrapper securely 
 pasted or glued at the outer end so as to completely envelop 
 and firmly hold such roll together. 
 
 Provided, that ballots which are void shall be wrapped in 
 a separate wrapper and so marked on said wrapper. 
 
 In the folding and sealing of the ballots as aforesaid, the 
 various classes of ballots shall be kept separate. 
 
 The judges shall fold in two folds and lay in tiers all bal- 
 lots counted by them except those which are void, and fold 
 same securely in manilla wrappers not exceeding two hun- 
 
154 ELECTION LAWS 
 
 dred (200) to each wrapper, on which shall be endorsed in 
 writing or print, the number of the precinct, date on which 
 the election was held, and securely seal such wrappers by 
 sealing them with sealing wax and stamping on said wax 
 the name of the county with a metal stamp, provided for 
 that purpose, so that said wrappers cannot be opened with- 
 out breaking the seal, and return said ballots together with 
 those found void, to the county judge. Immediately upon 
 receiving such ballots, the county judge shall give a receipt 
 therefor to said judges of election, and shall place them 
 properly arranged in the order of the precinct numbers in 
 boxes which shall be securely locked. Said boxes shall be 
 placed in a fire proof vault and shall be securely kept for 
 six months, not opening or inspecting them nor allowing 
 anyone else to do so, except upon order of court, in case of 
 contested election, or when it shall be necessary to produce 
 them at a trial for any offense committed at elections. At 
 the end of six months after said election, said ballots shall 
 be destroyed; provided, that if any contest of the election 
 of any officer, voted for at such election, or prosecution un- 
 der this Article shall be pending at the expiration of said 
 time, the said ballots shall not be destroyed until such con- 
 test or prosecution be finally determined. In organized 
 townships or in cities or villages, the inspector of elections 
 shall deliver, if he is not himself the officer in question, the 
 ballot boxes together with said metal stamp to the chair- 
 man of the board of supervisors of the civil township, or 
 mayor of the city or president of the village, in which the 
 election precinct is situated, as the case may be; and this 
 officer shall keep in safe custody such boxes and stamp un- 
 til the next election, or hand them over to his successor in 
 office to be safely kept by him until such time. At the fol- 
 lowing general or primary election it shall be the duty of 
 these officers to hand the ballot boxes and said stamp over 
 to the inspector of elections. In unorganized townships the 
 inspector of elections shall cause the ballot boxes to be de- 
 livered to the county auditor, at the same time, by the same 
 person returning the ballots, and no extra compensation 
 shall be allowed for such delivery. Any person violating 
 any of the provisions of this Section is guilty of a misdeme- 
 anor. 
 
 It is the purpose of this Act to provide a safe place for 
 the keeping of the ballots and to make them readily acces- 
 sible for use in legal proceedings, and such ballots shall be 
 received in evidence without further identification or 
 foundation being laid, and any failure on the part of the 
 election officers to comply with any of the formalities re- 
 quired hereby as to the return of said ballots, shall not in- 
 
STATE OF NORTH DAKOTA 155 
 
 validate any election or cause any ballot otherwise regular 
 to be disregarded and any omission or irreguarities in the 
 manner of identifying or returning the ballots of any pre- 
 cinct may be obviated by proof under the ordinary rules of 
 evidence. [1913 chap. 154.] 
 
 § 651. Abstract of votes. Certificates of election. 
 Tie, how decided. Publication of returns.] On the fif- 
 teenth day after the close of any election, or as soon as the 
 returns are received, the county auditor shall call to his 
 assistance a majority of the county commissioners of the 
 county or the county treasurer, county judge and one county 
 commissioner, and none of the persons so called shall be a 
 candidate for office, unless there is not sufficient of such 
 officers who are not candidates, and shall proceed to open 
 such returns and make abstracts of votes in the manner 
 following from the certified statements prepared by the 
 difTerent inspectors of election in the various precincts. 
 The abstract of votes for member of congress, governor, 
 state auditor, commissioner of insurance, commissioner of 
 agriculture and labor, state treasurer, secretary of state, at- 
 torney general, commissioners of railroads, superintendent 
 of public instruction and lieutenant governor shall be on 
 one sheet; the abstract of votes for members of the legisla- 
 tive assembly shall be on one sheet; the abstract of votes 
 for county and precinct officers shall be on one sheet; and 
 it shall be the duty of the county auditor immediately to 
 make out a certificate of election to each of the persons 
 having the highest number of votes for county and precinct 
 officers respectively, and to deliver such certificate to the 
 person entitled .thereto on his making application to the 
 county auditor therefor; provided, that when a tie shall 
 exist between two or more persons for the senate or house 
 of representatives, if such district is within the boundary of 
 one county, the auditor of such county and if such district 
 is within the boundaries of more than one county, then the 
 county auditor of the county casting the greater number of 
 votes for the office of governor, shall immediately by regis- 
 tered letter addressed to the respective candidates at their 
 post office address, give notice to the several persons so 
 having the highest and equal number of votes to attend at 
 his office at a time appointed by him, which shall not be 
 more than twenty days after the tie shall have been de- 
 clared by such county auditor and they shall then proceed 
 publicly to decide by lot which of the persons so having the 
 highest and equal number of votes shall be declared duly 
 elected and such auditor shall make and deliver to the per- 
 son thus declared duly elected a certificate of his election 
 as hereinbefore provided. It shall be the duty of the coun- 
 
156 ELECTION LAWS 
 
 ty auditor of each county, on receipt of the returns of any 
 election, to make out his certificate, stating therein the 
 compensation to which the judges and clerks of election 
 may be entitled for their services and lay the same before 
 the board of county commissioners at their next session, 
 and the said board shall order the compensation aforesaid 
 to be paid out of the county treasury. Immediately after 
 canvassing the returns and making the abstract of votes as 
 provided in this section, the county auditor shall make a 
 certified copy of each abstract and forward it to the secre- 
 tary of state, and also cause to be published in the official 
 newspapers of the county, in tabular form, the vote by pre- 
 cincts for each officer and proposition voted for at said 
 election; such publication to be paid for at a rate not ex- 
 ceeding the rate paid for publishing county commissioners 
 proceedings. If the county auditor is a candidate for office, 
 he shall take no part in the canvass, but shall act as clerk of 
 such board of canvassers, and the two officers called to the 
 assistance of the county auditor to make such canvass, 
 shall call to their assistance a justice of the peace, and it 
 shall thereupon be their duty at once to attend and canvass 
 such returns as provided by law. [1909 ch. 95.] 
 
 § 652. Tie vote. Duty of county auditor.] If the re- 
 quisite number of officers shall not be elected l3y reason of 
 two or more persons having an equal and highest number 
 of votes for one and the same office, the county auditor 
 whose duty it is to compare the polls shall give notice to 
 the several persons so having the highest and equal num- 
 ber of votes to attend at his office at a time appointed by 
 him, and they shall then proceed publicly to decide by lot 
 which of the persons so having an equal number of votes 
 shall be declared duly elected, and such auditor shall make 
 and deliver to the person thus declared duly elected a certi- 
 ficate of his election as hereinbefore provided. [R. G. 1899, 
 § 528.] 
 
 § 653. State board of canvassers, how constituted.] 
 The secretary of state, state auditor, state treasurer, attor- 
 ney general and superintendent of public instruction shall 
 constitute the state board of canvassers, three of whom 
 shall be a quorum for the transaction of business, and if 
 less than a quorum of said officers attend on the day ap- 
 pointed for a meeting of the board, then those so attending 
 are hereby authorized to summon others of the state offi- 
 cers sufficient to constitute a quorum, who on being notified 
 by the officer or officers so attending, shall attend without 
 delay and act as a member of such board. [1892, Sp.; R. C. 
 1895, § 530.] 
 
I 
 
 STATE OF NORTH DAKOTA 157 
 
 § 654. When member disqualified.] When a member 
 of such board is a candidate for any office as to which the 
 votes are to be canvassed by him, the governor shall desig- 
 nate some other state officer who shall act in his stead at 
 the session of the board while the votes given for such 
 member are being canvassed. [1892, Sp.; R. C. 1899, § 531.] 
 
 § 655. County auditor to forward abstract of votes.] 
 It shall be the duty of the county auditor of each county, 
 under his official seal, to return to the secretary of state on 
 or before the first Tuesday of December following any 
 general election, and within thirty days following any spe- 
 cial election, a certified abstract of the number of votes 
 cast in his county at such election for each candidate for 
 state and congressional offices, electors for president and 
 vice president, judges of the supreme and district courts, 
 members of the legislative assembly and for amendments 
 to the constitution or proposition submitted by the legisla- 
 tive assembly; provided, that the county auditor shall make 
 a separate certified abstract of the votes cast for persons 
 for electors of president and vice president of the United 
 States. He shall seal up such separate abstract and in- 
 dorse it: "Presidential Elector Returns" and without de- 
 lay transmit it to the secretary of state by registered mail. 
 [1892, Sp.; R. G. 1895, § 532.] 
 
 § 656. Secretary of state to file abstract of votes.] 
 The secretary of state upon receipt of the certified abstract 
 of votes from the several counties shall record the result of 
 such election by counties and shall file and carefully pre- 
 serve the certified statements so received from the county 
 auditors, and if no such statement shall be received by him 
 from the county auditor of any county prior to the time 
 specified for the meeting of the state board of canvassers 
 he may and it is his duty to dispatch a special messenger 
 to obtain such statement, at the expense of such county, 
 and such auditor shall on demand of such messenger make 
 and deliver to him the statement required which the mes- 
 senger shall deliver to the secretary of state to be recorded 
 and filed by him as aforesaid. Such messenger shall be al- 
 lowed the sum of ten cents per mile for each mile necessar- 
 ily traveled in going to and returning from the office of such 
 county auditor, the same to be audited by the state auditor 
 upon the certificate of the secretary of state and the state 
 treasurer shall present a bill for the amount so audited 
 against the county failing to send up such returns as above 
 provided, which bill so presented shall be audited by the 
 board of county commissioners of such county and paid by 
 the county treasurer. [1892, Sp.; R. G. 1895, § 533.] 
 
158 ELECTION LAWS 
 
 § 657. State canvassing board, meeting of.] For the 
 purpose of canvassing and ascertaining the result of such 
 election the state board of canvassers shall meet at the of- 
 fice of the secretary of state on the second Tuesday in De- 
 cember next after a general election and within forty days 
 after a special election, and the secretary of state shall 
 notify the other members of the board of the same. [1892, 
 Sp.; R. G. 1899, § 534.] 
 
 § 658. Duty of board.] The board when thus formed shall 
 examine such certified statements of the county canvassers, 
 and if it shall appear that any material mistake has been 
 made in the computation of votes given for any person, or 
 that the county canvassers in any county have omitted to 
 canvass the votes, or any part thereof, cast in any precinct 
 in their county, the board may dispatch a messenger 
 to the county auditor of such county at the expense of such 
 county, with its requirement in writing to him to certify the 
 facts concerning such mistake and the reason why such 
 votes were not canvassed; and the county auditor to whom 
 any such requirement is delivered shall forthwith make a 
 true and full answer thereto under his hand and official 
 seal, and deliver the same to such messenger who shall de- 
 liver the same with all convenient dispatch to the secretary 
 of state. [1892, Sp.; R. C. 1895, § 535.] 
 
 (May adjourn for a reasonable time to obtain prop- 
 erly authenticated returns. Woods v. Sheldon, 9 S. D. 
 392, 69 N. W. 602. 
 
 § 659. Adjournment of board.] Such board may ad- 
 journ from day to day, not exceeding three days in all, ex- 
 cept to await the return of a messenger dispatched, as pro- 
 vided in the preceding section, and then only for such time 
 as may be necessary. [1892, Sp.; 1897, ch. 34; R. C. 1899, § 
 536.] 
 
 § 660. Canvass of votes to be public] Upon the certi- 
 fied statements and returns so received the board shall pro- 
 ceed publicly to examine and make a statement of the 
 whole number of votes given at any such election for each 
 and all state officers; and another statement of the votes 
 given for members of congress, each of which statements 
 shall show the names of the persons to whom such vote 
 shall have been given for either of said offices, and the 
 whole number of votes given to each, distinguishing the 
 several districts and counties in which they are given. A 
 majority of such canvassers shall decide all matters of dis- 
 agreement, and they shall disregard all technicalities and 
 mis-spelling, the use of initial letters and abbreviations of 
 
STATE OF NORTH DAKOTA 159 
 
 the names of candidates, if it can be ascertaind from the 
 returns for whom the votes were intended. In case there 
 shall be no choice by reason of any two or more persons 
 having an equal and the highest number of votes the gov- 
 ernor shall by proclamation order a new election. [1892, 
 Sp.; R. C. 1895, § 537.] 
 
 § 661. Certificate of result.] They shall certify such 
 statements to be correct and subscribe their names thereto 
 and they shall thereupon determine what persons have 
 been by the greatest number of votes duly elected to such 
 offices, or either of them, and shall make out and subscribe 
 on eacli statement a certificate of such determination and 
 deliver the same to the secretary of state. [1892, Sp.; R. G. 
 1899, § 538.] 
 
 § 662. Certificates of election, secretary of state to 
 ISSUE.] The secretary of state shall record in his office 
 each certified statement and determination so made by said 
 board, and shall forthwith make out and transmit to each 
 of the persons thereby declared to be elected a certificate of 
 election as hereinafter provided and he shall also forth- 
 with cause a copy of such certified statement and determ- 
 ination to be published in a newspaper printed at the seat 
 of government. [1892, Sp.; R. C. 1899, § 539.] 
 
 § 663. Certificate for members of congress.] Certifi- 
 cates of the election of members of congress shall be signed 
 by the governor with the great seal affixed and be counter- 
 signed by the secretary of state and the governor shall 
 cause same to be delivered to the persons elected. [1892, 
 Sp.; R. C. 1899, § 540.] 
 
 § 664. Presidential electors.] The board in examin- 
 ing and making a statement of the votes and in determin- 
 ing and certifying the persons chosen as electors of presi- 
 dent and vice president shall proceed in the manner pre- 
 scribed by law to be pursued by them in the canvass for 
 state officers, and the secretary of state shall likewise file 
 and record such statement and determination. In canvas- 
 sing the returns for presidential electors the persons hav- 
 ing the greatest number of votes are to be declared elected, 
 and if more than the requisite number of persons are found 
 to have the greatest and an equal number of votes the elec- 
 tion of one of them shall be determined by lot, to be drawn 
 by the governor in the presence of the other canvassers. 
 The secretary of state shall prepare three lists of the names 
 of such electors elected at any election, procure thereto the 
 signature of the governor, and affix the great seal of the 
 state to the same, and deliver such certificate thus signed 
 
160 ELECTION LAWS 
 
 and sealed to said electors on or before the second Monday 
 in January next after such election. [1892, Sp.; R. G. 1895, 
 § 541.] 
 
 § 665. Form of certificate.] A certificate shall be pre- 
 pared by the secretary of state for each person elected, in 
 substance as follows: 
 
 At an election held on the day of A. B. was 
 
 elected to the office of of said state for the term 
 
 of years from .the day of in the year 
 
 or, if to fill vacancy, say for the residue of the term ending 
 on the day of A. D. 19. . . . 
 
 Given at Bismarck this day of A. D. 19. . . . 
 
 Which certificate shall be signed by the governor and the 
 secretary of state, and the seal of the state affixed, and be 
 attested by at least one of the other canvassers. [1892, Sp.; 
 R. G. 1899, § 542.] 
 
 § 666. Gertificates of election.] The secretary of state 
 shall issue certificates of election to all members of the 
 legislative assembly at the time that certificates of election 
 to state officers by him are issued.' [1903, ch. 119.] 
 
 § 667. GONSTITUTIONAL AMENDMENTS, ETC. GeRTIFICATES 
 
 as to.] For the purpose of canvassing and ascertaining the 
 result of the votes taken at any election upon any proposed 
 amendment to the constituiton, or proposition submitted to 
 a vote of the people by the legislative assemby, the state 
 board of canvassers shall proceed to examine such state 
 ments, and to ascertain and determine the result and shall 
 certify under their hands a statement of the whole number 
 of votes given for and the whole number of votes given 
 against such amendment or proposition, and they shall 
 thereupon determine whether such amendment or proposi- 
 tion has been approved and ratified by a majority of the 
 electors voting thereon, and shall make and subscribe on 
 such statement a certificate of such determination. [1892, 
 Sp.; R. G. 1899, § 543.] 
 
 §668. Record of result.] The secretary of state shall 
 record in his office such certified statements and determin- 
 ation; and if it shall appear that such amendment or pro- 
 position has been approved, ratified or adopted as afore- 
 said, he shall also make a record thereof, and cause such 
 record to be bound in the volume containing the original 
 enrolled laws passed at the next succeeding session of the 
 legislative assembly, and cause such record to be published 
 with such laws. [1892, Sp.; 1899, § 544.] 
 
STATE OF NORTH DAKOTA 161 
 
 § 669. What returns shall be canvassed.] The board 
 of state canvassers, in canvassing to ascertain the result ol 
 any election, shall canvass only the regular returns made 
 by the county board of canvassers, as provided in this chap- 
 ter. [1892, Sp.; R. G. 1899, § 545.] 
 
 § 670. Proclamation of result by governor.] The gov- 
 ernor shall, within ten days after the completion of the 
 canvass by the state board of canvassers of the votes cast 
 for presidential electors, as certified by the auditors of the 
 respective counties, declare by proclamation, to be printed 
 in some newspaper printed and published at the seat of 
 government, the names of the several persons who have re- 
 ceived not less than one-fifth of all the votes cast, and the 
 number of votes received, by each person, and the several 
 persons, who have received the highest number of votes so 
 returned, and whose election shall not have been contested 
 and notice of such contest given to the governor within ten 
 days after the date of such proclamation, shall be deemed 
 and taken to be elected, and the governor shall thereupon 
 transmit to each person so chosen a certificate of his elec- 
 tion. [1892, Sp.; R. C. 1899, § 546.] 
 
 § 671. Informality in returns disregarded.] No elec- 
 tion returns shall be refused by any county auditor for the 
 reason that the same may be returned or delivered to him 
 in any other than the manner directed in this chatper, nor 
 shall he refuse to include any returns for any informality 
 in holding an election or in making returns thereof; but all 
 returns shall be received and the votes canvassed and a cer- 
 tificate given to the person who may by such returns have 
 the greatest number of votes. [R. C. 1899, § 547] 
 
 § 672. Canvassers, how to proceed.] The county audi- 
 tor and other persons constituting the county board of can- 
 vassers shall, in canvassing the election returns, disregard 
 technicalities and misspelling, the use of initial letters or 
 abbreviations of the name of the candiates for office, if it 
 can be ascertained from such vote for whom they were in- 
 tended; but they shall not count votes polled in any place 
 except as established precincts, and a breach of the provis- 
 ions of this section shall be deemed a misdemeanor in office 
 and punished accordingly. A majority of the members of 
 such board shall decide all maters of disagreement. [R. C. 
 1895, § 548.] 
 
 I 
 
 § 673. Defective returns. Duty of canvassing board. 
 Penalty.] When the returns of the election precinct offi- 
 cers are made to the county canvassing board as now pro- 
 vided by law, in case any provision of the law relative to 
 
162 ELECTION LAWS 
 
 the duties of said election precinct officers has not been 
 complied with by said election precinct officers, and which 
 is capable of correction or compliance by said board, the 
 county canvassing board is authorized and empowered to 
 issue its subpoenas to the officers of the election precinct 
 wherein the defect occurs, requiring said officers to appear 
 forthwith before said county canvassing board and correct 
 any omission or mistake accordig to the facts, and said 
 amended or corrected returns shall then be acted on by 
 said county canvassing board, and said county canvassin^i 
 board shall issue its certificate of election to the party en- 
 titled thereto, as shown by the returns as amended or cor- 
 rected. In case any officer of any election precinct so sub- 
 poenaed should neglect or refuse to obey said subpoena, the 
 said person so refusing shall be arrested by bench warrant 
 issued out of the office of the clerk of district court, in the 
 county where said proceedings occur, and brought before 
 said canvassing board and there make the necessary cor- 
 rection according to the facts, and a refusal of said officer 
 to make the said correction shall be deemed a contempt of 
 the district court, to be punished as provided for ordinary 
 contempt of court, upon the proper showing, and the pro- 
 cedure shall be the same as in ordinary cases of contempt 
 of court. [1903, ch. 91.] 
 
 § 674. Returns indorsed by secretary of state.] A 
 memorandum of the date of reception of all returns of votes 
 at the secretary's office shall be made at such office on the 
 envelope containing them. [R. C. 1899, § 549.] 
 
 Article 10. — Resignations and Vacancies. 
 
 § 675. Resignations and vacancies. Special election.] 
 Any person who shall receive a certificate of his election as 
 a member of the legislative assembly, county auditor, coun- 
 ty treasurer, register of deeds, sheriff, state's attorney, clerk 
 of the district court, county judge or county commissioner, 
 shall be at liberty to resign such office, although he ma)'' 
 not have entered upon the execution of the duties thereof 
 or taken the requisite oath of office, and when any vacancy 
 shall happen in the legislative assembly by death, resigna- 
 tion or otherwise it shall be the duty of the county auditor 
 of the county in which such vacancy occurs officially to 
 notify the governor thereof; whereupon the governor shall 
 issue a writ of election directed to the sheriff of such coun- 
 ty commanding him to notify the several boards of election 
 in his county or district to hold a special election to fill such 
 vacancy at a time to be apointed by the governor; provided, 
 that if there is no session of the legislative assembly be- 
 
STATE OF NORTH DAKOTA 163 
 
 tween the time such vacancy occurs and the time of hold- 
 ing the next general election, it shall not be necessary to 
 order a special election to fill such vacancy; and when any 
 vacancy occurs in the office of a member of congress from 
 this state, it shall be the duty of the governor to issue his 
 proclamation appointing a day to hold a special election to 
 fill such vacancy. [R. C. 1899, § 550.] 
 
 § 676. Duty of governor in case of certain vacancies.] 
 Should a vacancy occur in the office of a member of the 
 legislative assembly, while in session, by death, resignation, 
 removal or otherwise, it shall be the duty of the governor 
 immediately upon receiving official notice thereof to pro- 
 ceed in the same manner as is prescribed for other cases in 
 the preceding section. [R. C. 1899, § 551.] 
 
 § 677. Division of legislative district subsequent to 
 election.] If a vacancy occurs in the legislative assembly 
 for any cause, and the county or counties comprising the 
 district in which such vacancy occurs shall have been di- 
 vided after the election of the member whose seat is vacant, 
 and before the election to fill such vacancy, such election 
 shall be ordered in each county in which any part of the 
 original county or district may be situated; but no person 
 shall be permitted to vote at such election who does not at 
 the time reside within the limits of the county or district in 
 which such vacancy occurred. [R. C. 1895, § 552.] 
 
 § 678. Canvass and returns of election to fill vacan- 
 cies.] Votes cast at elections to fill vacancies shall be can- 
 vassed and returned as provided in other cases, and the 
 county auditor shall without delay forward to the secretary 
 of state the abstracts of the same. [R. C. 1895, § 553.] 
 
 Article 11. — Presidential Electors. 
 
 § 679. When electors convene. Vacancies, how filled.] 
 The electors of president and vice president shall convene 
 at the seat of government of this state on the second Mon- 
 day in January next after their election at the hour of 
 twelve o'clock noon of that day, and if there shall be anN 
 vacancy in the office of an elector, occasioned by the death 
 or refusal to act, neglect to attend or other cause, the elec- 
 tors present shall immediately proceed to fill such vacancy 
 by ballot, by a plurality of votes, and when all the electors 
 shall appear, or the vacancies shall have been filled as 
 ?bove provided they shall proceed to perform the dutie^j 
 required of such electors by the constitution and laws of 
 the United States. [1890, ch. 109, § 1; R. C. 1895, § 554.] 
 
164 ELECTION LAWS 
 
 § 680. — Per diem and mileage.] The electors of presi- 
 dent and vice president of the United States shall receive 
 the same per diem and mileage as is allowed to members of 
 the legislative assembly, and there is hereby appropriated 
 as a standing and continuing appropriation such a sum of 
 money as may be necessary to pay such per diem and mile- 
 age. [1892, Sp.; R. G. 1899, § 555.] 
 
 Article 12. — Miscellaneous Provisions. 
 
 § 681. Penalty for depositing unstamped ballot.] No 
 inspector or judge of election shall deposit in any ballot 
 box any ballot upon which the official stamp as hereinbe- 
 fore provided for does not appear. Every person violating 
 the provisions of this section is guilty of a misdemeanor. 
 [1891, ch. 66, § 28; R. C. 1899, § 556.] 
 
 § 682. Penalty for rejecting legal vote.] Any board 
 of election or any member of any board of election who 
 willfully and knowingly rejects any legal vote shall be sub- 
 ject to a fine of fifty dollars to be collected in a civil action 
 before any justice of the peace in the name and for the 
 benefit of the person aggrieved. [R. G. 1899, § 557.] 
 
 § 683. Penalty for failure of officer to perform duty.] 
 Any public officer upon whom any duty is imposed by this 
 chapter who shall willfully do or perform any act or thin-* 
 herein prohibited or who willfully neglects or omits to per- 
 form any duty imposed upon him by the provisions of this 
 chapter is guilty of a misdemeanor and upon conviction 
 thereof is punisifiable by forfeiture of his office and by im- 
 prisonment in the county jail for not less than one month 
 nor more than six months or by a fine of not less than fifty 
 nor more than five hundred dollars, or both. [1891, ch. 66, 
 § 33; R. G. 1899, § 558.] 
 
 § 684. Electioneering prohibited. Secret ballot.] No 
 electioneering shall be done on election day by any officer 
 of election nor by any person within the polling place or 
 any building in which an election is being held or within 
 fifty feet thereof, nor obstruct the doors or entrance there- 
 to, or prevent free ingress to or egress from said building. 
 And the inspector and judges of election shall, if they deem 
 it necessary, appoint an election officer; such election offi- 
 cer, or the sheriff, constable, or other peace officer is au- 
 thorized and it is his duty to clear the passageway and pre- 
 vent such obstruction and to arrest any person creating 
 such obstruction. No person shall remove any ballot from 
 the polling place before the closing of the polls. No person 
 shall show his ballot, after it is marked, to any person in 
 
STATE OF NORTH DAKOTA 165 
 
 such a way as to reveal the contents thereof or the name of 
 any person for whom he has marked his vote nor shall any 
 person solicit the elector to show the same; nor shall any 
 person except a judge of election receive from any elector 
 a ballot prepared for voting. No elector shall receive a 
 ballot from any other person than the inspector or one of 
 the judges of election having charge of the ballots nor shall 
 any person other than such inspector or judges of election 
 deliver a ballot to such elector. No elector shall vote or 
 offer to vote any ballot except such as he has received from 
 the inspector or a judge of election having charge of the 
 ballots. No elector shall place any mark upon his ballot by 
 which it may afterwards be identified as the one voted by 
 him. Any elector who does not vote a ballot delivered to 
 him by the judges of election having charge of the ballots 
 shall, before leaving the polling place, return such ballot to 
 such judges. Whoever violates any of the provisions of 
 this section is guilty of a misdemeanor and upon convic- 
 tion thereof is punishable by a fine not exceeding one hun- 
 dred dollars and shall be adjudged to pay the costs of pro- 
 secution. [1891, ch. 66, § 34; R. C. 1899, §559.] 
 
 § 685. Penalty for violation of election laws.] If 
 any inspector, judge or clerk of election, county auditor or 
 other person in any manner concerned in conducting an 
 election shall corruptljr violate any of the provisions of this 
 chapter he shall forfeit and pay to the county a sum not 
 less than fifty nor more than five hundred dollars to be re- 
 covered in a civil action in the name of the proper county. 
 [R. G. 1895, § 560.] 
 
 § 686. No CIVIL PROCESS SERVED ON ELECTION DAY.] During 
 the day on which any general or special election shall be 
 held in this state or in any district, county, city, village or 
 precinct therein, no civil process shall be served on any 
 person entitled to vote at such election. [R. C. 1899, § 561.*] 
 
 § 687. Compensation of election officers.] There 
 shall be allowed to the several inspectors, judges and clerks 
 of election of each county the sum of twenty-five cents for 
 each hour they serve as such election officers ,to be paid out 
 of the county treasury on the warrant of the county audi- 
 tor; provided, however, that in no case shall an inspector, 
 judge or clerk of election be paid for such services a sum 
 exceeding four dollars. [1909, ch. 93.] 
 
 Article 13. — Contesting Elections. 
 
 § 688. Notice of contest, how served.] Any person 
 son claiming the right to hold an office, or any elector of 
 
166 
 
 ELECTION LAWS 
 
 the proper county desiring to contest the validity of an elec- 
 tion or the right of any person declared duly elected to any 
 office in such county, shall give notice thereof in writing to 
 the person whose election he intends to contest within 
 twenty days after the canvass of the votes of such election, 
 which notice shall be served in the same manner as a sum- 
 mons in a civil action. But if the person whose election is 
 contested cannot be found and shall have ceased to have 
 residence in such county or state, then the notice shall be 
 served by leaving the same at the house where such per- 
 son last resided, and if no service as above provided can be 
 rnade, or if no such residence can be found in the state the 
 district court or judge thereof may expressly direct the 
 manner of such service, which notice of contest shall be in 
 writing and shall set forth the facts and grounds upon 
 which the contestant relies in his contest, and shall h^ 
 verified as a pleading in a civil action. [1885, ch. 54, S 1: 
 R. G. 1899, § 563.] 
 
 (Title to county office may be tried by statutory mode 
 or by proceedings in the nature of quo warranto. State 
 V. Callahan, 4 N. D. 481, 61 N. W. 1025. 
 
 ("Canvass" defined. Time within which notice must 
 be served commences to run from date candidate is de- 
 clared "duly elected." Bowler v. Eisenhood, 1 S. D. 
 577, 48 N. W. 136. 
 
 (What notice must contain. Batterton v. Fuller, 6 
 S. D. 257, 60 N. W. 1071. 
 
 ("Was duly elected" sufficiently states legal qualifi- 
 cations. McMahon v. Polk, 10 S. D. 296, 73 N. W. 77; 
 Church V. Walker, 10 S. D. 90, 72 N. W. 101. 
 
 (Not necessary to allege qualifications, issue being 
 who received largest number of votes. Church v. 
 Walker, 10 S. D. 450, 74 N. W. 198.) 
 
 § 689. Answer to notice of contest.] Any person, up- 
 on whom the notice mentioned in the preceding section is 
 served, shall within ten days after such service answer such 
 notice, admitting or denying the facts alleged therein, and 
 he shall state any other grounds upon which he rests the 
 validity of his election, and shall serve a copy of such an- 
 swer upon the contestant and all allegations set forth in the 
 notice and not denied in the answer shall be taken as ad- 
 rnitted. Such answers shall be served as a pleading in a 
 civil action, and when contestant appears by attorney the 
 service thereof may be made upon the attorney. [1885, ch. 
 54, § 2; R. C. 1895, § 564.] 
 
 § 690. Contest may be brought by whom.] Such con- 
 test may be brought by a person claiming such office on his 
 
I 
 
 I 
 
 STATE OF NORTH DAKOTA 167 
 
 own motion, in his own name as plaintiff, but such contest 
 cannot be brought by any other person unless the notice of 
 contest is indorsed with the approval of the state's attorney 
 of the county, or in case of his absence or refusal to ap- 
 prove it, with the approval of the judge of the district court. 
 [1885, ch. 54, § 3; R. G. 1895, § 565.] 
 
 § 691. Trial of cnotest.] The judge of the district court, 
 in case no term of such court occurs in such county within 
 twenty days after the service of the answer in such contest, 
 may appoint a term of such court therein; but if a term of 
 court occurs in such county before that time, then the con- 
 test shall be tried at such term, unless otherwise ordered 
 by the court. The district court or the judge thereof may, 
 upon ten days' notice by either party try such contest at 
 chambers at any place fixed by the court; or he may on such 
 application or on his own motion, if the pleadings involve 
 a question of fact, order such issues to be tried before a 
 jury, or refer the same as provided in this chapter, and 
 postpone the trial thereof until it can be had in such county, 
 regard being had to the speediest possible trial. If the is- 
 sues are ordered to be tried by a jury the question to be 
 tried must be distinctly stated in the order of trial, and the 
 place of such trial must be designated in such order. [1885, 
 ch. 54, § 4; R. C. 1899, § 566.] 
 
 (Jurisdiction of court continues until contest tried or 
 dismissed. Howser v. Pepper, 8 N. D. 484, 79 N. W. 
 1018.) 
 
 § 692. Testimony and procedure in contests.] All tes- 
 timony and depositions taken in contests brought under the 
 provisions of this article shall be taken in the same manner 
 as in civil actions, and depositions may be taken in more 
 than one place at the same time on leave of the court, and 
 all matters relating to such contests shall be heard and tried 
 as nearly as may be as civil actions are tried, except as 
 otherwise provided in this article; and the costs shall be 
 taxed in the same manner as in civil actions, and the court 
 shall have power to order amendments to the notice and 
 answer and to all other proceedings as provided in the cod'i 
 of civil procedure, and he shall have power to make all or- 
 ders and enter final judgment in such contests the same as 
 in civil actions. [1885, ch, 54, § 5; R. C. 1895, § 567.] 
 
 § 693. Contests of elections for removal of county 
 seat, ETC.] In any county where there is a vote for the 
 election or for the removing of changing of the county seat 
 of such county, or changing the county lines thereof, any 
 elector of such county on leave of the district court may 
 
168 ELECTION LAWS 
 
 contest the validity of such election as to the right of the 
 place declared and selected as the county seat, or as to any 
 county line declared to be established or changed by a vote. 
 Such elector shall give notice in writing of such contest to 
 the county commissioners or a majority of them, of the 
 county in which such vote was taken, by serving a notice as 
 provided in section 688, within thirty days after the result 
 of such vote is canvassed. Such notice shall specify the 
 grounds of such contest, and shall be filed with the clerk of 
 the district court within ten days after the service thereof 
 upon the county commissioners as aforesaid, and such con- 
 test shall be tried and determined by the district court or 
 by a jury as provided for in this article for the contest of 
 county officers. The county commissioners of such county 
 shall appear and defend such contests, but in case they fail 
 to appear and defend the same, any elector of such county 
 may at any time before such trial, on leave of the court, ap- 
 pear and defend the same, and all testimony and deposi- 
 tions shall be taken in the same manner as in civil actions. 
 [1885, ch. 54. § 6; R. C. 1895, § 568.] 
 
 (Mandamus held proper remedy to determine coun- 
 ty seat contest. State v. Langlie, 5 N. D. 594, 67 N. W. 
 958. 
 
 (Can be tested only in direct proceedings. Reming- 
 ton V. Higgins 6 S. D. 313, 60 N. W. 73.) 
 
 § 694. Contests may be tried by referee.] All contests 
 brought under the provisions of this article may be re- 
 ferred by the court or judge thereof to a referee as pro- 
 vided in the code of civil procedure, and when the parties 
 to such contest do not consent to a reference the court or a 
 judge thereof may in his discretion order such reference. 
 [1885, ch. 54, § 7; R. C. 1899, § 569.] 
 
 § 695. Surety for costs must be furnished.] Any per- 
 son bringing a contest under the provisions of this article 
 must before bringing the same furnish good and sufficient 
 surety for costs as provided in the code of civil procedure, 
 and the obligation of such surety shall be complete by sim- 
 ply indorsing the notice of contest as surety for costs. 
 [1885, ch. 54, § 8; R. C. 1899, § 570.] 
 
 § 696. Appeals in contest cases.] Appeals from final 
 judgment or decisions in such contests may be taken with- 
 out making a motion for a new trial in the district court in 
 the manner provided for in the code of civil procedure, ex- 
 cept that the undertaking on apeal shall be in the sum to be 
 fixed by the judge, not less than five hundred dollars, and 
 shall be approved by the judge or by the clerk of the dis- 
 
STATE OF NORTH DAKOTA 169 
 
 trict court of the proper county or subdivision under the 
 direction of the judge. [1885, ch. 54, § 9; R. G. 1895, § 571.] 
 
 (Appeal does not lie from order vacating default 
 judgment. Jensen v. Petty, 14 S. D. 434, 85 N. W. 923.) 
 
 § 697. Appeals to the supreme court.] Appeals to the 
 supreme court under the provisions of this article must be 
 taken within sixty days after notice of the entry of final 
 judgment, and the party appealing much immediately pro- 
 cure the transmission of the record on such appeal to the 
 clerk of the supreme court, and such appeal may be brought 
 on for hearing before the supreme court at any time such 
 court shall be in session upon ten days' notice from either 
 party and the same shall be heard and determined in a 
 summary manner. Such notice of hearing may be served 
 during the term or in vacation. [1885, ch. 54, § 10; R. C. 
 1899, § 572.] 
 
 (Appeal does not suspend right of successful party 
 to perform the duties of his office. Fylpaa v. Brown 
 Co., 6 S. D. 634, 62 N. W. 962. 
 
 (Appeal dismissed unless taken within sixty days 
 from entry of final judgment. Murray v. Whitmore, 
 9 S. D. 288, 68 N. W. 745.) 
 
 § 698. Construction of this article.] This article shall 
 \iiot be construed to affect any of the remedies or rights of 
 action or proceedings provided for in the code of civil pro- 
 cedure. [1885, ch. 54, § 11; R. C. 1899, § 573.] 
 
 (May be tried by either statutory or civil action. 
 State ev rel Butler v. Callahan, 4 N. D. 481, 61 N. W. 
 1025. 
 
 (Right may be tried by mandamus. Smith v. Law- 
 rence, 2 S. D. 185, 49 N. W. 7; State v. Langlie, 5 N. D. 
 594, 67 N. W. 958.) 
 
 § 699. Provision of code of civil procedure applicable, 
 [when.] Except as otherwise provided in this article, the 
 (provisions of the code of civil procedure are applicable to 
 [and constitute the rules of practice in the proceedings men- 
 itioned in this article. [1885, ch. 54, § 12; R. C. 1899, § 574.] 
 
 § 700. Provisions of code of civil procedure applicable 
 ^As TO appeals.] The provisions of the code of civil proce- 
 |dure relative to appeals in civil actions, except in so far as 
 ^they are inconsistent herewith, apply to the proceedings 
 ^mentioned in this article. [1885, ch. 54, § 13; R. C. 1895, ^ 
 ^575.] ■'^' " ^ 
 
170 ELECTION LAWS 
 
 Article 14. — Contest of Election of Presidential Electors. 
 
 § 701. Court for trial. Contests of presidential elec- 
 tors.] The board for the trial of contests of elections for 
 presidential electors shall consist of the chief justice of the 
 supreme court, who shall be president of the board, and 
 two judges of the district court, to be designated by the 
 governor. If the chief justice shall for any cause be unable 
 to attend at such trial, the next senior judge on the supreme 
 bench shall preside in place of the chief justice. The secre- 
 tary of state shall be the clerk of the board, or in his ab- 
 sence or inability to act the clerk of the supreme court shall 
 be the clerk. Each member of the court before entering 
 upon the discharge of his duties shall take an oath before 
 the secretary of state or some officer qualified to administer 
 oaths, that without fear, favor, affection or hope of reward 
 he will, to the best of his knowledge and ability, administer 
 justice according to law and the facts of the case. [1892, 
 Sp.; R. C. 1895, § 576.] 
 
 § 702. Contestant may apply to court.] Any person 
 who by the proclamation of the governor as hereinbefore 
 provided, appears to have received not less than one-fifth 
 of the votes cast at an election for electors of president and 
 vice president of the United States may apply to the board 
 provided for in the preceding section for a declaration of 
 his election as elector. [1892, Sp.; R. C. 1895, § 577.] 
 
 § 703. Application to state grounds of contest.] Such 
 application shall be made by petition in writing to be filed 
 in the office of the secretary of state within ten days from 
 the date of the proclamation provided for in section 670, 
 who shall forwith convene the board. The petition shall set 
 forth the names of the persons whose election is contested, 
 and the ground for such contest. The petitioner shall be- 
 fore any proceedings are had upon the petition, except the 
 convening of the board, file a bond to the state in such sum 
 and with such surety as the court shall order, conditioned 
 for the payment of all costs incurred in the prosecution of 
 such contest in case he shall not prevail. [1892, Sp.; R. C. 
 1895, § 578.] 
 
 § 704. Notice to party contested, how given.] Upon 
 the filing of such petition and the giving of such bond the 
 board shall order notice of the petition to be given, in such 
 manner as it may direct, to the governor and to the person 
 whose election is contested, which notice shall be published 
 in such newspaper as the board shall order. Such notice 
 shall contain a concise statement of the facts alleged in the 
 petition and shall designate the time and place fixed by the 
 
STATE OF NORTH DAKOTA 171 
 
 board for the hearing of the same, which time shall not be 
 less than three nor more than fifteen days from the filing 
 of the petition. [1892, Sp.; R. C. 1895, § 579.] 
 
 § 705. Appearance by parties to contest.] At the time 
 fixed for the hearing the petitioner shall appear and produce 
 his evidence and the person whose election is contested may 
 appear and produce evidence in his behalf. Either party 
 may appear in person or by attorney, and no other person 
 shall be entitled to be madQ a party to such proceedings or 
 to be heard personally or by counsel therein; provided, that 
 if more than one petition is pending or more than one elec- 
 tion is contested the board may order the contests to be 
 heard together in its discretion. [1892, Sp.; R. C. 1895, j^ 
 580.] 
 
 § 706. Hearing, how conducted.] The board shall 
 thereupon hear the contest and decide all questions of law 
 and fact involved. The burden of proof in each case shall 
 be upon the petitioner and the hearing shall be confined to 
 the grounds stated in the petition, but the board may in its 
 discretion allow the petition to be amended. No ex parte 
 affidavits shall be competent evidence at such hearing. No 
 person shall be excused from testifying or from producing 
 papers or documents at such hearing on the ground that 
 such testimony will tend to criminate himself; but no per- 
 son so testifying shall be liable to any suit or prosecution, 
 civil or criminal, for any matters or causes in respect to 
 which he shall be so examined or to which his testimony 
 shall so relate. The board shall have the same power to 
 compel the attendance of witnesses, as the district courts 
 of this state possess, and nothing in this article contained 
 shall be held to limit the power of the board to make such 
 regulations as to the conduct of the proceedings as it may 
 deem proper, not inconsistent with the provisions of this 
 article, and the board shall have all powers necessary to 
 the complete carrying out and performance of the author- 
 ity conferred upon it by this article. [1892, Sp.; R. C. 1895, 
 § 581.] 
 
 § 707. Determination of board, how certified.] The 
 board shall determine in each case which of the parties to 
 the proceedings is entitled to the office of elector, and shall 
 cause such determination to be entered of record in such 
 manner and form as it shall direct, and shall forthwith cer- 
 tify the same to the governor and secretary of state, and 
 such determination so certified shall be final and conclu- 
 sive that the person therein stated to have been elected is 
 duly elected, and the governor shall forthwith transmit to 
 such person a certificate of his election, and every such cer- 
 
172 ELECTION LAWS 
 
 tificate shall recite that it is issued pursuant to a determin- 
 ation under this article, referring to this article. The court 
 shall so arrange and conduct the trial of such contest that a 
 final determination thereof shall be rendered at least six 
 days prior to the second Monday in January next follow- 
 ing. [1892, Sp.; R. G. 1895, § 582.] 
 
 § 708. Failure of petitioner to appear, effect of.] K 
 any petitioner shall fail to appear and prosecute his petition 
 against any person who has been made a respondent there- 
 to, according to the requirements of this article and of such 
 rules as the board shal make, the board shall determine 
 that he has so failed, and shall cause such determination to 
 be entered of record in such manner and form as it shall di- 
 rect, and shall forthwith certify such determination to the 
 governor and secretary of state; and the same shall be a 
 linal and conclusive bar to the claim of the petitioner 
 against such respondent as fully and completely as if such 
 claim had been heard and determined on its merits, and 
 the governor shall issue such certificate as provided in the 
 preceding section. [1892, Sp.; R. C. 1895, § 583.] 
 
 § 709. Costs, taxation of.] The costs of all proceed- 
 ings under this article shall be taxed under the direction of 
 the board, and if two or more cases are heard together the 
 costs shall be apportioned as the board shall direct, and in 
 each case in which the petitioner shall not finally prevail 
 the costs shall be paid by him, and in each case in which 
 the petitioner shall finally prevail the costs shall be borne 
 by the state, in which case the board shall certify the costs 
 to the state auditor, who shall issue his warrant upon the 
 state treasurer in payment of the same. [1892, Sp.; R. C. 
 1895, § 584] 
 
 § 710. Final hearing, how determined.] The final 
 hearing and determination under this article shall be by a 
 majority of the board, but any single member may exercise 
 any other of the powers given to the board by this article. 
 [1892, Sp.; R. G. 1899, § 585.] 
 
 § 711. Mileage and per diem of members of board.] The 
 members shall be entitled to receive for their travel and 
 attendance the sum of six dollars per day and ten cents per 
 mile for each mile necessarily traveled ,to be paid from the 
 state treasury upon the warrant of the state auditor. [1892, 
 Sp.;R.G. 1899, §586.] 
 
 Article 15. — Gontest of Legislative Elections. 
 
 § 712. Notice of contest in legislative elections.] 
 When any person intends to contest the election of a mem- 
 
I 
 
 STATE OF NORTH DAKOTA 173 
 
 ber of the legislative assembly, he may, within ten days 
 after the result of such election shall have been determined 
 by the board of canvassers, give notice in writing to the 
 member whose seat he desires to contest of his intention to 
 contest the same, and in such notice shall specify particu- 
 larly the grounds upon which he relies in the contest. • [R. 
 G. 1895, § 587.] 
 
 § 713. Answer to notice.] Any member elect, upon 
 whom the notice mentioned in the proceeding section may 
 be served, shall within ten days after the service thereof an- 
 swer such notice admitting or denying the facts alleged 
 therein and stating specihcally any other grounds upon 
 which he rests the validity of his election and shall serve a 
 copy of his answer upon the contestant or his attorney. All 
 allegations contained in the notice and not denied in the 
 answer shall be taken as admitted. [R. G. 1895, § 588.] 
 
 § 714. Testimony taken, when.] In all such contests 
 the contestant may begin taking testimony as soon as the 
 notice of contest is served and the person whose election is 
 contested may commence taking testimony as soon as his 
 answer is served, and both parties may continue to take 
 testimony for ten days after the time for serving the an- 
 swer has expired, after which time the contestant may take 
 testimony in rebuttal only for five days. [R. G. 1895, § 589.1 
 
 § 715. Notice to take depositions same as in code civil 
 procedure.] Depositions taken under the provisions of this 
 article may be taken in the manner and upon the notice 
 prescribed in the code of civil procedure for taking deposi- 
 tions in civil actions. [R. G. 1895, § 590.] 
 
 § 716. Testimony taken at only two places at a time.] 
 Testimony taken under the provisions of this chapter shall 
 not be taken at more than two places at the same time by 
 dther party, except by order of the court or the judge there- 
 of. [R. G. 1895, § 591.] 
 
 § 717. Subpoena to compel attendance of witnesses.] 
 
 hen either party to such contest desires to take testimony 
 
 [therein, he may apply to any notary public or justice of the 
 
 ►eace in the county where the testimony is to be taken for 
 
 subpoena to compel the attendance of witnesses, and the 
 
 officer to whom such application is made shall thereupon 
 
 Issue his subpoena directed to such witnesses as shall be 
 
 lamed to him, requiring their attendance before him at 
 
 rsuch time and place as may be named in the subpoena to 
 
 ^give testimony relating to such contest. [R. G. 1899, § 592.] 
 
 718. Depositions taken without notice on stipula- 
 ton.] It shall be competent for the parties to such con- 
 
174 ELECTION LAWS 
 
 test by consent in writing to take depositions without notice. 
 Such written consent shall be returned with the depositions. 
 [R. C. 1895, § 593.] 
 
 § 719. Subpoena served, how.] Witnesses may be sub- 
 poenaed in the manner provided in the code of civil pro- 
 cedure. [R. C. 1895, § 594.] 
 
 § 720. Attendance compelled only in county.] No wit- 
 ness shall be required to attend an examination out of the 
 county in which he resides or is served with a subpoena. 
 [R. G. 1899, § 595.] 
 
 § 721. Failure to attend and testify. Penalty.] Any 
 person who, having been summoned in the manner above 
 prescribed, refuses or neglects to attend and testify in obe- 
 dience to such subpoena, unless prevented by sickness or un- 
 avoidable necessity, shall forfeit the sum of twenty dollars 
 to be recovered with costs of suit in a civil action in the 
 name and for the use of the party at whose instance the 
 subpoena was issued, and such person is also guilty of a mis- 
 demeanor. [R. C. 1895, § 596.] 
 
 § 722. Depositions of nonresident witnesses may be 
 TAKEN.] Depositions of witnesses residing outside of the 
 district and beyond the reach of a subpoena may be taken 
 before any officer authorized to take testimony in a civil 
 action. [R. C. 1899 § 597.] 
 
 § 723. Examination of witnesses.] All witnesses, who 
 attend in obedience to a subpoena or who attend voluntarily 
 at the time ana place appointed, of whose examination notice 
 has been given as provided in this article, shall then and 
 there be examined on oath by the officer who issued the sub- 
 poena, or in case of his absence, by any other officer author- 
 ized to issue such subpoena or by the officer before whom 
 the depositions are to be taken by written consent, as the 
 case may be, touching all such matters respecting the elec- 
 tion being contested as shall be proposed by either of the 
 parties or attorneys. [R. G. 1899, § 598.] 
 
 § 724. Testimony MUST BE confined TO ISSUE.] The testi- 
 money to be taken by either party to such contest shall be 
 confined to the issues raised by the notice of contest and 
 answer thereto. [R. G. 1895, § 599.] 
 
 § 725. Testimony must be reduced in writing.] The of- 
 ficer shall cause the testimony of the witnesses to be re- 
 duced to writing in his presence and in the presence of the 
 parties or their attorneys, if in attendance, and each witness 
 shall sign his name at the end of his testimony. [R. G. 
 1895, § 600.] 
 
i 
 
 I 
 
 I 
 
 STATE OF NORTH DAKOTA 175 
 
 § 726. Production of papers may be required.] The of- 
 ficer before whom any deposition is taken shall have power 
 to require the production of papers, and, on the refusal or 
 neglect of any person to produce and deliver up any papers 
 in his possession pertaining to such election, or to produce 
 certified or sworn copies of the same in case they are official 
 papers, such person shall be liable to all the penalties pre- 
 scribed in section 721. All papers thus produced and all 
 certified or sworn copies of official papers shall be trans- 
 mitted by the officer, with the testimony of the witnesses, to 
 the secretary of state for the use of the legislative assembly. 
 [R. C. 1899, § 601.] 
 
 § 727. Adjournments.] The taking of the testimony 
 may, if so stated in the notice, be adjourned from day to 
 day. [R. G. 1899, § 602.] 
 
 § 728. Papers to be attached to deposition.] The 
 notice to take depositions with the proof or admission of 
 service thereof and a copy of the subpoena, where any has 
 been served, shall be attached to the deposition when com- 
 pleted together with a copy of the notice of contest and an- 
 swer, which shall be annexed to the deposition taken and 
 transmitted with them to the secretary of state. [R. C. 
 1899, § 603.] 
 
 § 729. Testimony to be forwarded to the secretary of 
 STATE.] All officers taking testimony to be used in a con- 
 tested election case shall, when the taking of the same is com- 
 pleted, immediately certify to the same as required by law in 
 other cases, and inclose the same in a sealed envelope and 
 after indorsing on such envelope the title of the contents 
 forward the same by mail to the secretary of state; and the 
 secretary of state is authorized to open the same at the in- 
 stance of either party or his attorney. [R. C. 1895, § 604.] 
 
 § 730. Fees of officers and witnesses.] Each witness 
 attending in obedience to a subpoena as herein provided, 
 and all officers employed in taking testimony in such con- 
 tested election cases or serving any subpoena or notice here- 
 in authorized shall be entitled to receive, from the party at 
 whose instance the service or attendance shall have been 
 performed, such fees as are allowed for similar services in 
 civil actions in courts of record in this state. [R. C. 1895, § 
 605.] 
 
 § 731. No legislative expense.] No payment shall be 
 made by the legislative assembly out of its contingent fund 
 or otherwise to either party to such contest for expenses 
 incurred in prosecuting or defending the same. [R. C. 
 1899, § 606.] 
 
176 ELECTION LAWS 
 
 Article 16.^ — Registration of Voters. 
 
 § 732. Registration of voters. When board shall 
 meet.] The persons authorized by law or appointed pur- 
 suant to any village or city ordinance to act as judges of 
 election in any village, city, ward or other election precinct in 
 this state shall, together with the inspector of election for 
 such precinct, constitute a board of registry for their re- 
 spective precincts, and they shall meet on Tuesday, two 
 weeks preceding any general election, or annual city elec- 
 tion, at nine o'clock a. m., and make a list, as hereinafter 
 prescribed, of all persons qualified to vote at the ensuing 
 election in such election precinct, which list when completed 
 shall constitute and be known as the register of electors of 
 such precinct. [1881, ch. 122, § 1; 1899, ch. 133; R. G. 1890, 
 §607.] 
 
 § 733. Registers, what to contain.] Such registers 
 shall each contain a list of the qualified electors of such 
 precinct, alphabetically arranged according to their respec- 
 tive surnames, so as to show in one column the name at 
 full length, and in another column the residence by the 
 number of the dwelling, if there is a number, and the name 
 of the street or other location of the dwelling place of each 
 elector. It shall be the duty of such board to enter in such 
 lists the names of all persons residing in its election pre- 
 cinct whose names appear on the poll list made in such 
 precinct at the last preceding election, the number of the 
 dwelling and name of the street or other location if the 
 same is known to or can be ascertained by such board, and 
 for this purpose the board is authorized to take from th-j 
 office in which it is filed the poll list made and filed by the 
 judges or inspector of such precincts at the election held 
 next prior to the making of such register. In making sue!) 
 register the board shall enter therein in addition to the 
 names on the poll list, the names of all, other persons who 
 are known to them to be qualified electors in such precinct, 
 or shall be proved to be qualified electors by the oath of 
 the person applying to be registered, or by the oath of son^^ 
 elector whose name has been already placed upon the poll 
 list; and the names of all persons on the poll list who have 
 died or removed from the precinct shall be omitted from 
 the register. It shall also be the duty of 'said board to enter 
 in such register, alphabetically in separate columns as pro- 
 vided herein, the names of all women entitled to vote foi 
 candidates for school offices and on questions pertaining 
 solely to school matters in all cities of three thousand in- 
 habitants or over. Such board shall complete as far a:> 
 practicable such register on the day of their meeting afore - 
 
STATE OF NORTH DAKOTA 177 
 
 said, and shall make two copies thereof and certify the 
 register and each of the copies to be a true list of the voters 
 in its precinct so far as the same are known, within ten 
 days thereafter; such original list, together with the list 
 taken from the office aforesaid, shall be filed with the board 
 and shall be kept by one of the judges or by the inspector 
 and carefuly preserved for its use on the day hereinafter 
 mentioned for the revision and correction of the same. 
 One copy of such list shall immediately after its comple- 
 tion be posted in some public and conspicuous place at or 
 near the place where tWe last preceding election in such 
 precinct was held, and be accessible to any elector who 
 may desire to examine tlie same or make copies thereof. 
 Any person who shall tear down, deface or destroy any 
 list so posted, is guilty of a misdemeanor and shall be pun- 
 ished by a fine not exceeding five hundred dollars or by 
 imprisonment in the jail not exceeding five years, or by 
 such fine and imprisonment. [1911, chap. 127.] 
 
 § 734. Registry list in new precinct.] In case any 
 election precinct shall be formed by the organization of a 
 new precinct or by division of any village, ward or pre- 
 cinct, or the incorporation of a city or village, the judges 
 or the inspector of elections in the new precinct thus form- 
 ed, may make a registry of electors on the day prescribed 
 by this article in such manner as a majority of them may 
 direct, and for this purpose they may make a list or cause 
 to be made a certified copy of the poll list or lists of the 
 precinct or precincts in which such new precinct was situ- 
 ated, or they may dispense with such list and proceed to 
 make a register of electors from the best means at their 
 command. Such lists shall only embrace the names of 
 such persons as are known to them to be electors in their 
 precinct or proved to be such by the oath of an elector 
 whose name has already been entered upon such register, 
 or by the oath of the applicant; and such list shall be pre- 
 served and a copy posted up as prescribed in the preceding 
 section and shall be revised and corrected in the same 
 manner as other lists are corrected. [1881, ch. 122, § 3; R. 
 C. 1895, § 609.— 
 
 I§ 735. Board of registration^ second meeting.] Sucli 
 boards shall again meet on Tuesday of the week preceding 
 such election in their respective election precincts at the 
 place designated for holding the polls for the purpose of 
 revising, correcting and completing such lists, and for this 
 purpose they shall meet at 8 o'clock a. m., and remain in 
 session until eight o'clock p. m. [1881, ch. 122, S 4; R. G. 
 1899, § 610.] 
 
178 ELECTION LAWS 
 
 § 736. Proceedings of board to be public] The pro- 
 ceedings of such board shall be open, and all persons re- 
 siding and entitled to vote in such precincts shall be entit- 
 led to be heard by such board in relation to corrections or 
 additions to such register, and the judges or the inspector 
 are empowered to administer oaths for this purpose. One 
 of the lists so kept by the judges or inspector as aforesaid 
 shall be used by them on the day of making corrections or 
 additions for the purpose of completing the registry ol' 
 such precinct. [1881, ch. 122, § 6; R. C. 1899, § 611.] 
 
 § 737. Registry list to be revised.] It shall be the duty 
 of such board at its meeting for revising and corecting such 
 lists to erase therefrom the name of any person inserted 
 therein who shall be proved by the oath of two legal voters 
 of such precinct to the satisfaction of such board to be non- 
 residents of such precinct or otherwise not entitled to vote 
 therein at the election then next to be held. Any elector 
 residing in such precinct and entitled to vote therein may 
 appear before such board and require his name to be re- 
 corded in such list. Any person requiring his name to be re- 
 corded shall make the same statement as to street and 
 number thereof and where he resides which is required by 
 the provisions of this article of persons offering their votes 
 at the polls, and shall be subject to the same penalties for 
 refusing to give such information or for falsely giving the 
 same, and shall also be subject to challenge either by the 
 judges or the inspector or by any elector whose name ap- 
 pears on such list, and the same oath may be administered 
 by the judges or inspector or other duly authorized person 
 as is provided in case of persons offering to vote at an elec- 
 tion; and in case no challenge is made to any person re- 
 quiring his name to be registered or in case of challenge, 
 if such person makes oath as aforesaid, then the name of 
 any such person shall be added to such list. [1881, ch. 122, 
 § 7; R. G. 1899, § 612.] 
 
 § 738. Receiving vote from person not on registry 
 LIST.] After such lists shall have been fully completed 
 such board shall within two days cause two copies of the 
 same to be made, each of which shall be certified by it to 
 be a correct list of the qualified electors of the precinct so 
 far as known, which list the judges or inspector shall care- 
 fully keep and preserve for use on election day; and at the 
 opening of the polls the judges or inspector shall designate 
 two of their number to check the name of each voter vot- 
 ing in such precinct whose name is on the register. No 
 vote shall be received at any election in this state if the 
 name of the person offering such vote is not on the register, 
 
STATE OF NORTH DAKOTA 179 
 
 unless such person shall furnish to the judges of election 
 his affidavit, stating therein that he is a resident of such 
 precinct, giving his place of residence and length of time 
 he has resided there, and also prove by the oath of a house- 
 holder and registered voter of the precinct that he knows 
 such person to be a resident therein, giving his place of 
 residence. Such oath may be administered by the inspec- 
 tor or one of the judges of election, or any other person 
 authorized to administer oaths, but no person shall receive 
 any compensation for administering such oath. Such oath 
 shall be preserved and filed by the judges of election. Any 
 person may be challenged and the same oath required as 
 is now or hereafter may be prescribed by law. Provided, 
 that nothing herein contained shall be construed as ren- 
 dering void the vote of any duly qualified elector whose 
 vot^ has been received contrary to the provisions of this 
 section; but the person claiming the benefit of such vote in 
 any action or judicial proceeding shall have the burden of 
 establishing the fact that such vote was cast by a duly 
 qualified elector. [1911, chap. 128.] 
 
 § 739. Duty of clerks of election.] The clerks of 
 election in each precinct shall enter on the poll list kept 
 by them in columns prepared for that purpose, opposite 
 the name of each person voting, the same statement or 
 minute heretofore required of the board in making the 
 registry; but such entry shall not be made by them if the 
 register correctly contains the name and residence of such 
 voter; and in all cases such clerk shall enter in a column 
 opposite the name of each person not registered the words 
 "not registered." And the clerks in case the name of such 
 voter is not registered shall enter in the appropriate col- 
 umns of the poll list the name and residence as in other 
 cases. Any person making a false statement as to his resi- 
 dence or dwelling place shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be punished by a fine 
 of not less than two hundred dollars nor more than five 
 hundred dollars, or imprisonment in the penitentiary not 
 exceeding two years, at the discretion of the court. [1881, 
 ch. 122, § 9; R. C. 1895, § 614.] 
 
 § 740. Register must be filed.] Within three days 
 after the canvass of the votes the register so kept and 
 checked as aforesaid shall be filed with the county auditor 
 of the county in which such precinct is situated, and shall 
 be retained and carefully preserved therein as a public 
 record. [1881, ch. 122, § 10; R. G. 1899, § 615.] 
 
 § 741. Registers to remain public record.] Such regis- 
 ters shall at all times be open to public inspection without 
 charge. [1881, ch. 122, § 11; R. G. 1895, § 616.] 
 
180 ELECTION LAWS 
 
 § 742. Compensation of members of board of registry.] 
 The members of the board of registry shall receive the same 
 compensation as is now or ma}^ hereafter be allowed by 
 law, not to exceed two dollars per day. [1881, ch. 122, s. 
 12; R. C. 1899, § 617.] 
 
 § 743. Board has power to preserve order.] The mem- 
 bers of such board shall have and execise the same powers 
 in preserving order at their meetings under this article as 
 are given to judges of election for preserving order on 
 election day, and vacancies may be filled in such board in 
 the same manner as vacancies of judges are now filled at 
 elections. [1881, ch. 122, § 13; R. G. 1899, § 618.] 
 
 § 744. Penalty for registering in more than one pri<- 
 ciNCT.] Any person who shall cause his name to be regis- 
 tered in more than one election precinct, or who shall caus i 
 his name to be registered knowing that he is not a qualified 
 voter in the precinct where such registry is made, or who 
 shall falsely personate any registered voter, and any per- 
 son aiding or abetting any person in any manner in either 
 of such acts, shall be punished for each and every offense 
 by imprisonment in the penitentiary for not less than two 
 nor more than five years. If any member or officer of such 
 board shall willfully violate any of the provisions of this 
 article, or be guilty of any fraud in the execution of the 
 duties of his office, he shall be punished by imprisonment 
 in the penitentiary for a period not exceeding two j^ears. 
 [1881, ch. 122, § 14; R. C. 1899, § 619.] 
 
 § 745. County auditor to provide blank registers and 
 BLANKS.] The county auditors shall provide the board of 
 registry of the several precincts within their respective 
 counties with the necessary blank registers and blanks at 
 the expense of their respective counties. ri887, ch. 48, § 1 ; 
 R. C. 1899, § 620.] 
 
 § 746. What cities governed by this article.] All 
 cities and villages containing eight hundred or more in- 
 habitants shall be subject to the provisions of this article. 
 To determine the number of inhabitants the number of 
 votes cast at the last preceding general election shall be 
 multiplied by five. [1899, ch. 133; R. C. 1899, § 621.] 
 
 MUNICIPAL ELECTIONS 
 
 § 2742. Time and place of election.] There shall be an 
 annual election for elective officers herein provided, held 
 on the first Monday in April of each year, at such place or 
 places in each ward as the council shall designate; excej^t 
 
STATE OF NORTH DAKOTA 181 
 
 in cities where aldermen are elected at large, the council 
 shall designate one polling place only. The polls shall be 
 kept open continually from eight o'clock in the forenoon 
 until live o'clock in the afternoon, and no longer, and ten 
 days' previous notice shall be given by the council of the 
 time and place of holding such election, by publication in 
 at least two of the city papers published in said €ity, if twj 
 shall be published therein. [1897, ch. 40, § 4; R. C. 1899, § 
 2251; 1905, ch. 62, § 109.] 
 
 § 2743. Election districts and precincts.] Each city 
 in which aldermen are elected at large, shall constitute an 
 Election district, and in all other cities each ward shall con- 
 stitute an Election district; but whenever the number of 
 legal voters in any ward shall exceed three hundred, the 
 council may by ordinance divide such ward into two ov 
 more precincts for voting purposes, and whenever the num- 
 ber of legal voters in any two or more contiguous wards 
 shall not exceed one hundred as determined by the last an- 
 nual election, the council may, by ordinance, consolidate, 
 such two or more wards into one precinct for voting pur- 
 poses; or if the council so elects, in any city of less than 
 four hundred voters as determined by the last annual elec- 
 tion, the council may by ordinance consolidate all the 
 wards of such city into one precinct for voting purposes: 
 provided, however, that in city elections separate ballot 
 l30xes and poll books shall be provided and kept for eacli 
 ward; provided, that such ordinance shall be passed and 
 take effect before the time of giving notice of an election; 
 and such wards and precincts shall constitute election dis- 
 tricts for all state, county, city and school election. [1911, 
 chap. 65.] 
 
 § 2744. .Qualified voters. Registration.] Every legal 
 voter of the county in which such city is situated, who shall 
 have been a resident of the city ninety days next preceding 
 a city election is declared a citizen of said city, and shall be 
 entitled to vote at all city elections; provided, that the city 
 council shall provide for the registration of all voters a^ 
 required by the laws of the state in all cities of more than 
 four hundred voters as determined by the last anual elec- 
 tion, and in cities of four hundred voters or less, the city 
 council may provide for the registration of all voters in ac- 
 cordance with the laws of the state at one polling place, 
 and separate registration lists shall be provided and kept 
 for each ward, and no person shall be entitled to vote in 
 
 I any other place than the ward or precinct where he re- 
 sides, except where otherwise provided bv law. [1911, 
 bhap. 66.] . . 
 
 i 
 
182 ELECTION LAWS 
 
 § 2745. Effect of election.] This chapter shall in no 
 case effect the term of office of any officer heretofore elect- 
 ed or appointed in any city, but all such officers shall hold 
 their offices during the term for which they were originally 
 elected or appointed. [1887, ch. 73, art. 13, § 4; R. C. 1899, 
 § 2254; 1905, ch. 62, § 112.] 
 
 § 2746. Oath and duties of judges and clerks of elec- 
 tion.] The manner of conducting and voting at elections 
 to be held under fhis chapter, and contesting the same, the 
 keeping of poll lists, and canvassing the votes, shall be the 
 same, as nearly as may be, as in the case of the election of 
 county officers under the general laws of this state. The 
 judges of election shall appoint clerks when necessary to 
 fill vacancies, and the judges and clerks shall take the same 
 oath and have the same powers and authority as the judges 
 and clerks of general state elections. After the closing of 
 the polls the ballots shall be counted, and the returns made 
 out, and returned under seal to the city auditor, within two 
 days after the election, and thereupon the city council shall 
 examine and canvass the same, and declare the result of 
 the election and cause a statement thereof to be entered on 
 its journal. [1887, ch. 73, art. 13, § 5; R. C. 1899, § 2255; 
 1905, ch. 62, § 113.] 
 
 § 2747. What elects. Tie, how decided.] The person 
 having the highest number of votes for any office shall be 
 declared elected. In case of a tie in the election of any 
 city officer, it shall be determined by lot, in the presence of 
 the city council, in such manner as it shall direct, which 
 candidate or candidates shall hold office. ;1887, ch. 73, art. 
 13, § 7; R. C. 1899, § 2256; 1905, ch. 62, § 114.] 
 
 § 2748. City auditor to notify officers elected or ap- 
 pointed.] It shall be the duty of the city auditor, within 
 live days after the result of the election is declared or ap- 
 pointment made to notify all persons elected or appointed 
 to office of their election or appointment, and unless such 
 persons shall respectively qualify witliin ten days after 
 such notice, the office shall become vacant. [1887, ch. 73, 
 art. 13, § 8; R. C. 1899, § 2257; 1905, ch. 62, § 115.] 
 
 § 2749. New election on failure to qualify.] If there 
 is a failure to elect an officer herein required to be elected, 
 or the person elected should fail to qualify, or for any other 
 cause that may arise, the city council may forthwith order 
 a new election, therefor, and in all cases, when necessary 
 for the purposes of this chapter, may call special elections, 
 canvass the returns thereof, and provide by ordinance for 
 the mode of conducting the same; and shall give notice of 
 
STATE OF NORTH DAKOTA 183 
 
 such special elections, in which shall be stated the ques- 
 tions to be voted upon, and cause such notices to be pub- 
 lished for the same length of time, and in the same manner 
 as is required in the case of regular annual elections in 
 such city, unless herein otherwise provided. [1887, ch. 73, 
 art. 13, § 9; R. C. 1899, § 2258; 1905, ch. 62, § 116.] 
 
 § 2750. When term of office commences.] The term 
 of each officer elected under this chapter shall commence 
 on the third Tuesday of April of the year for which he was 
 elected. [1887, ch. 73, art. 13, § 10; R. G. 1899; § 2259; 1905, 
 ch. 62, § 117.] 
 
 § 2751. When office deemed vacant.] Any officer re- 
 moving from the city or ward for which he is elected, or 
 any officer who shall refuse or neglect for ten days after 
 notice of his election or appointment to enter upon the dis- 
 charge of the duties of his office, shall be deemed to have 
 vacated his offiice and the city council shall proceed to fill 
 the vacancy as herein prescribed. [1887, ch. 73, art. 13, § 
 11; R. C. 1899, § 2260; 1905, ch. 62, § 118.] 
 
 § 14. Elections biennial.] Biennial municipal elections 
 in all cities shall be held on the first Tuesday in April at 
 such place or places as the board of city commissioners 
 shall designate. The polls of such election shall be opened 
 at eight o'clock a. m. and closed at five o'clock p. m. Ten 
 days' previous notice of the time and place of such election 
 and of the officers to be elected shall be given by the city 
 auditor by publication in the official city paper and by 
 posting written or printed notices in three public places in 
 the city; but the failure to give such notice shall not invali- 
 date such election. In all other respects such election shall 
 be conducted as prescribed by general election laws, ex- 
 cept that no registration of voters shall be required unless 
 provided for by ordinance. [1907, chap. 45.] 
 
 § 1. Recall.] The holder of any elective office in cities 
 which may adopt or have adopted the commission plan of 
 government as provided in chapter 45 of the laws of 1907, 
 may be removed at any time by the electors qualified to 
 vote for a successor or such incumbent, the procedure to 
 effect the removal of an incumbent of an elective office 
 shall be as follows: A petition signed by electors entitled 
 to vote for a successor to the incumbent sought to be re- 
 moved, equal in number to at least twenty-five per centum 
 of the entire vote for all candidates for the offiice of Presi- 
 dent cast at the last preceding general municipal election, 
 demanding an election of a successor of the person sought 
 to be removed, shall be filed with city auditor, which peti- 
 
184 ELECTION LAWS 
 
 tion shall contain a general statement of the grounds for 
 which the removal is sought. The signatures to the petition 
 need not all be appended to one paper, but each signer 
 shall add to his signature his place of residence, giving the 
 street and number. One of the signers of each such papf?f 
 shall make oath before an officer competent to administer 
 oaths that the statements therein made are true as he be- 
 lieves, and that each signature to the paper appended is 
 the genuine signature of the person whose name it pur- 
 ports to be. Within ten days from the date of filing such 
 petition the city auditor shall examine, and from the voters' 
 register ascertain whefher or not said petition is signed by 
 the requisite number of qualified electors, and, if neces- 
 sary, the board of city commissioners shall allow extra 
 help for that purpose, and he shall attach to said petition 
 his certificate, showing the result of said examination. If 
 by the auditor's certificate the petition is shown to be in- 
 sufficient it may be amended within ten days from the date 
 of said certificate. The auditor shall, within ten days after 
 such amendment, make like examination of the amended 
 petition, and if his certificate shall show the same to be in- 
 sufficient, it shall be returned to the person filing the same; 
 without prejudice, however, to the filing of a new petition 
 of the same effect. If the petition shall be deemed to bo 
 sufficient, the auditor shall submit the same to the board 
 of city commissioners without delay. If the petition shall 
 be found to be sufficient, the board of city commissioners 
 shall order and fix a date for holding the said election, not 
 less than thirty days nor more than forty da^^s from the 
 date of the auditor's certificate to the board of city com- 
 missioners, that a sufficient petition is filed. The board of 
 city commissioners shall make or cause to be made publi- 
 cation of notice and all arrangements for holding such elec- 
 tion, and the same shall be conducted, returned, and the 
 result thereof declared, in all respects as are otlier city elec- 
 tions. The successor of any officer so removed shall hold 
 offiice during the unexpired term of his predecessor. Any 
 person sought to be removed may be a candidate to suc- 
 ceed himself, and unless he requests otherwise in writing, 
 the clerk shall place his name on the official ballot without 
 nomination. In any such removal election, the candidate 
 receiving the highest number of votes shall be declared 
 elected. At such election if some other person than the in- 
 cumbent receives the highest number of votes, the incum- 
 bent shall thereupon be djeemed removed from the office 
 upon qualification of his successor. In case the party who 
 receives the highest number of votes should fail to qualify 
 within ten days after receiving notification of election, the 
 
STATE OF NORTH DAKOTA 185 
 
 office shall be deemed vacant. If the incumbent receives 
 the highest number of votes, he shall continue in office, the 
 same method of removal shall be cumulative and aditional 
 to the methods heretofore provided by law. [1911, chap. 
 
 § 14. Elections biennial.] Biennial Municipal elections 
 in all cities shall be held on the first Tuesday in April at 
 such place or places as the board of city commissioners 
 shall designate. The polls of such election shall be opened 
 at eight o'clock A. M. and closed at five o'clock P. M. Ten 
 days' previous notice of the time and place of such elec- 
 tion and of the officers to be elected shall be given by the 
 city auditor by publication in the official city paper and by 
 posting written or printed notices in three public places in 
 the city; but the failure to give such notice shall not invali- 
 date such election. In all other respects such elections shall 
 be conducted as prescribed by general election laws, and 
 for all general and special elections held under the provis- 
 ions of this act in the city, for the city officers and for other 
 purposes, the Board of City Commissioners shall, at least 
 ten days before any election is held, appoint in each pre- 
 cinct established in the city, one inspector and two judges 
 of election. [1911, chap. 77.] 
 
 § 15. Commissioners. How elected.] The president of 
 the board of city commissioners and four city commission- 
 ers shall be elected by the legal and qualified voters in the 
 city, in the following manner: The president of the board 
 of city commissioners and the four city commissioners shall 
 be elected at large and not by wards. Each voter shall be 
 allowed to cast but one vote for the candidate for the office 
 of president of the board of city commissioners. Each 
 voter shall be allowed as many votes for the candidates of 
 Ihe office of city commissioners as there are commissioners 
 to be elected, such votes to be distributed among the candi- 
 dates as the voter shall see fit, but no voter shall be allowed 
 to cast more votes than candidates to be elected. [1911, 
 chap. 77.] 
 
 § 34. Vacancies. Elections to fill.] Special elections 
 to fill vacancies or for any other purpose shall be held and 
 conducted by the inspectors and judges of election of the 
 several precincts in the same manner and the returns there- 
 of shall be made in the same form and manner as of the 
 general municipal elections, and within such time as ii 
 prescribed by law. [1911, chap. 77.] 
 
 § 38. Removal from office.] Every person elected to 
 any office may be removed therefrom by a majority vote of 
 
186 ELECTION LAWS 
 
 all the members of the board of city commissioners, ( but 
 no such officer shall be removed except for cause nor unless 
 charges are preferred against him and an opportunity given 
 him to be heard in his defense. The board of city commis- 
 sioners may compel the attendance of witnesses and the 
 production of papers when necessary for the purpose of 
 such hearing, and shall proceed within ten days after the 
 charges are filed with the city auditor to hear and deter- 
 mine the case upon its merits. The president of the board 
 of city commissioners may suspend any officer against 
 whom charges have been preferred until the disposition of 
 the same and appoint any officer to fill the vacancy tem- 
 porarily until the charges have been disposed of. Any of- 
 ficer appointed by the president of the board of city com- 
 missioners without confirmation under the provisions of 
 this chapter may be removed by him when he deems it for 
 the best interest of the city. [1911, chap. 77.] 
 
 § 1. No PARTY BALLOT.] In all petitions to be filed by or 
 in behalf of candidates for nomination to a public office in 
 any incorporated city, town or village in this state, no ref- 
 erence shall be made to a party ballot or to the party affilia- 
 tion of such candiates; provided, however, it shall be allowed 
 any such candidate to state, or have stated, in all such peti- 
 tions, after his name, in not more than twenty words, any 
 particular principle, or principles of local administrative 
 policy or policies he stands for and seeks election to pro- 
 mote. [1913, chap. 73.] 
 
 § 2. Nominations how made.] A candidate for any 
 public office in an incorporated city, town or village, may 
 be nominated by filing with the city auditor, at least twenty 
 days prior to the holding of the election, a petition signed 
 by not less than ten per cent of the qualified electors resid- 
 ing within the ward or precinct in and for which such of- 
 ficer or officers are to be elected: provided, however, that 
 in cities operating under the commission plan the re- 
 quired petition may be signed by the electors at large re- 
 siding within such city and provided further, that in no 
 case shall more than three hundred signatures be required 
 and such signatures may be on separate sheets of paper. 
 No elector shall sign more than one petition for the same 
 office. Each signer of such petition shall add to his name 
 his post office address, giving the street and number of his 
 residence. It shall be the duty of the auditor or clerk of 
 such city, town or village, as the case may be, to place only 
 the names of the person or persons so nominated upon the 
 ballot, with the statement after or opposite the name of the 
 candidate, of the principle or principles which he seeks to 
 
STATE OF NORTH DAKOTA 187 
 
 promote, in not more than twenty words and as stated m 
 the petition or petitions filed by or on behalf of such can- 
 didate, and in such manner as to readily inform the voter 
 of the policy or policies upon which such candidate seeks 
 election; and to arrange the offices upon the ballot in the 
 order in which they are named in the statutes. The ar- 
 rangements of tlie names of the candidates upon the ballot 
 shall be determined by the lot by such auditor or clerk in 
 the presence of the candiates or their representatives at 
 noon on the day following the last day for the filing of 
 nomination papers. [1913, chap. 73.] 
 
 § 1. Recall.] The holder of any elective office in cities, 
 which may adopt or have adopted the commission plan of 
 government under any of the laws of this state applicable 
 thereto, may be removed at any time by the electors quali- 
 fied to vote for a successor of such incumbent. The pro- 
 cedure to effect the removal of an incumbent of an elec- 
 tive office shall be as follows: A petition signed by elec- 
 tors entitled to vote for a successor to the incumbent sought 
 to be removed, equal in number to at least thirty per cen- 
 tum of the entire vote for all candidates for the office of 
 president of the city commission cast at the last preceding 
 general municipal election, demanding an election of a 
 successor of the person sought to be removed shall be filed 
 with the city auditor, which petition shall contain a general 
 statement of the grounds for which the removal is sought. 
 The signatures to the petition need not all be appended to 
 one paper, but each signer shall add to his signature his 
 place of residence, giving the street and number. One of 
 the signers of each such paper shall make oath before an 
 officer competent to administer oaths that the statements 
 therein made are true as he believes, and that each signa- 
 ture to the paper appended is the genuine signature of the 
 person whose name it purports to be. Within ten days 
 from the date of filing such petition the city auditor shall 
 examine, and from the voter's register ascertain whether 
 or not said petition is signed by the requisite number of 
 qualified electors, and, if necessary, the board of city com- 
 missioners shall allow extra help for that purpose, and he 
 shall attach to said petition his certificate showing the re- 
 sult of said examination. If by the auditor's certificate the 
 petition is shown to be insufficient it may be amended with- 
 in ten days from the date of said certificate. The auditor 
 shall, within ten days after such amendment, make like 
 examination of the amended petition, and if his certificate 
 shall show the same to be insufficient it shall be returned to 
 the person filing the same; without prejudice, however, to 
 the filing of a new petition of the same effect. If the peti- 
 
 1 
 
188 ELECTION LAWS 
 
 lion shall be deemed to be sufficient, the auditor shall sub- 
 mit the same to the board of city commissioners without 
 delay. If the petition shall be found to be sufficient, the 
 board of city commissioners shall order and fix a date for 
 holding the said election, not less than thirty days nor more 
 than forty days from the date of the auditor's certificate to 
 the board of city commissioners, that a sufficient petition 
 is filed. The board of city commissioners shall make or 
 cause to be made publication of notice and all arrange- 
 ments for holding such election, and the same shall be con- 
 ducted, returned, and the result thereof declared in all re- 
 spects as are other city elections. The successor of any 
 officer so removed shall hold office during the unexpired 
 term of his predecessor. Any person sought to be removed 
 may be a candidate to succeed himself, and unless he re- 
 quests otherwise in writing, the clerk shall place his name 
 on the official ballot, without nomination. In any such re- 
 moval election, the candidate receiving the highest number 
 of votes shall be declared elected. At such election if some 
 other person than the incumbent receives the highest num- 
 ber of votes, the incumbent shall thereupon be deemed re- 
 moved from the office upon qualification of his successor. 
 In case the party who receives the highest number of votes 
 should fail to qualify within ten days after receiving noti- 
 fication of election, the office shall be deemed vacant. If 
 the incumbent receives the highest number of votes, he 
 shall continue in office. This said method of removal shall 
 be cumulative and additional to the methods heretoforci 
 provided by law. [1913, chap. 79.] 
 
 § 2. Initiative.] Any proposed ordinance may be sub- 
 mitted to the board of city commissioners of the city equal 
 in number to the percentage hereinafter required. The 
 signatures, verification, authentication, inspection certifica- 
 tion, amendment and submission of such petition shall be 
 the same as provided for petitions under Section one (1) 
 hereof. If the petition accompanying the proposed ordi- 
 nance be signed by electors equal in number to fifteen per 
 centum of the votes cast for all candidates for president of 
 the city commission at the last preceding general municip li 
 election and contains a request that the said ordinance be 
 submitted to a vote of the people if not passed by the board 
 of city commissioners, such board of -city commissioners 
 shall either 
 
 (a) Pass said ordinance, without alteration, within 
 twenty days after attachment of the auditor's certificate to 
 the accompanying petition, or 
 
 (b) Forthwith, after the auditor shall attach to the peti- 
 tion accompanying such ordinance his certificate of suffi- 
 
I 
 
 STATE OF NORTH DAKOTA 189 
 
 ciency, the board of city commissioners shall call a special 
 election, unless a general municipal election is fixed withi'i 
 ninety days thereafter, and at such special or general muni- 
 cipal election, if one is so fixed, such ordinance shall be 
 submitted without alteration to the vote of the electors of 
 said city. But if the petition is signed by not less than 
 twenty-live per centum of the electors as above defined, 
 then the board of city commissioners shall within twenty 
 days, pass said ordinance without change, or submit the 
 same at the next general city election occurring not more 
 than thirty days after the auditor's certificate of sufficiency 
 is attached to said petition. The ballots used when voting 
 upon said ordinance shall contain these words: "For the 
 ordinance," (stating the nature of the proposed ordinance) 
 and "Against the ordinance" (stating the nature of the 
 proposed ordinance.) If a majority of the qualified elec- 
 tors voting on the proposed ordinance shall vote in favor 
 thereof, such ordinance shall thereupon become a valid 
 and binding ordinance of tlie city, and any ordinance pro- 
 posed by petition and which shall be adopted by a vote of 
 the people, cannot be repealed or amended except by a 
 vote of the people as long as the city is under the commis- 
 sion form of government. 
 
 Any number of proposed ordinances may be voted upon 
 at the same election, in accordance with the provisions of 
 this section, but there shall not be more than one special 
 election in any period of six months for such purposes. 
 
 The board of city commissioners may submit a proposi- 
 tion for the repeal of any such ordinance, or for amend- 
 ments thereto, to be voted upon at any succeeding general 
 city election; and should such proposition so submitted 
 receive a majority of the votes cast thereon at such elec- 
 tion, such ordinance shall be thereby repealed or amended 
 accordingly. Whenever any ordinance or proposition is 
 required by this Act to be submitted to the voters of the 
 city at any election, the city auditor shall cause such ordi- 
 nance or proposition to be published once in each of the 
 daily newspapers published in said city; such publication 
 to be not more than twenty or less than five days before the 
 submission of such proposition or ordinance to be voted on. 
 [1913, chap. 79.] 
 
 § 3. Referendum.] No ordinance passed by the board 
 of city commissioners, except when otherwise required by 
 the general laws of the state or by the provisions of this 
 Act, except an ordinance for the immediate perservation 
 of the public peace, health or safety, which contains a state- 
 ment of its urgency, and is passed by a four-fifths vote ot 
 the board of city commissioners, shall go into effect before 
 
190 ELECTION LAWS 
 
 ten days from the time of its final passage, and if during 
 said ten days a petition signed by electors of the city equal 
 in number to at least ten per centum of the entire votes 
 cast for all candidates for president of the city commission 
 at the last preceding general municipal election at which 
 a president of the city commission was elected, protesting 
 against the passage of such ordinance, to be presented to 
 the board of city commissioners, the same shall thereupon 
 be suspended from going into operation, and it shall be the 
 duty of the board of city commissioners to reconsider such 
 ordinance, and if the same is not entirely repealed, the 
 board of city commissioners shall submit the ordinance as 
 is provided by Sub-Section (b) of Section two of this Act, 
 to the vote of the electors of the city, either at the general 
 election or at a special municipal election to be called for 
 that purpose; and such ordinance shall not go into effect or 
 become operative unless a majority of the qualified elec- 
 tors voting on the same shall vote in favor thereof. Said 
 petition shall be in all respects in accordance with the pro- 
 visions of said Section two, except as to the percentage of 
 signers, and be examined and certified to by the auditor in 
 all respects as therein provided. [1913, chap. 79.] 
 
 § 4. Form of petition.] Petitions provided for in this 
 Act shall be signed by none but legal voters of the city. 
 Each petition shall contain, in addition to the names of the 
 petitioners, the street and house number in which the peti- 
 tioner resides, his age and length of residence in the city. 
 It shall also be accompanied by the affidavit of one or more 
 legal voters of the city, stating that the signers thereof were, 
 at the time of signing, legal voters of said city, and the 
 number of signers at the time the affidavit was made. [1913, 
 chap. 79.] 
 
 TOWNSHIP ELECTIONS 
 
 § 3061. Annual township meeting, when held.] The 
 citizens of the several townships of this state, qualified to 
 vote at general elections, shall annually assemble and hoi i 
 township meetings in their respective townships, on the 
 third Tuesday in March at such place in each township as 
 the electors thereof at their annual township meetings froTH 
 time to time appoint; and notice of the time and place of 
 holding such meetings shall be given bj^ the township clerk, 
 by posting up written or printed notices in three of the most 
 public places in such township at least ten days prior to 
 such meetings; provided, that before any change of place 
 of holding meetings is made, notice of such contemplated 
 change may be given by any member of the township board 
 
I 
 
 STATE OF NORTH DAKOTA 191 
 
 to the township clerk, who shall in his regularly printed or 
 written notices as above provided, incorporate the special 
 notice of the contemplated change of place of holding such 
 meetings. [1899, ch. 159; R. G. 1899, § 2540; 1901, ch. 203.] 
 Township election day not legal holiday. State 
 V. Gurrie, 8 N. D. 545, 80 N. W. 475. 
 
 § 3062. Township officers, when elected. Term of 
 OFFICE.] There shall be elected at the annual township 
 meeting in each township one supervisor for the term of 
 three years, one township clerk, one treasurer, one assessor, 
 one overseer of highway for each road district in such 
 township, each for the term of one year, and two justices of 
 the peace and two constables for the term of two years, but 
 justices of the peace and constables shall be elected only 
 once in two years except to fill vacancies. At the first an- 
 nual township meeting in each township after the taking 
 effect of this article there shall be elected at large for such 
 township three supervisors, one to serve until the first an- 
 nual township meeting, one to serve until the second an- 
 nual township meeting. The board of supervisors at their 
 first regular meeting shall elect one of their members as 
 chairman to serve for the period of one year. [1883, ch. 
 112, sub-ch. 1, § 12; R. G. 1899, § 2541; 1905, ch. 182.] 
 
 § 3063. Powers of electors.] The electors of each 
 township have power at the annual township meeting: 
 
 1. To determine the number of pound masters and the 
 location of pounds. 
 
 2. To select such township officers as are required to be 
 chosen. 
 
 3. To direct the institution or defense of actions in all 
 controversies where such township is interested. 
 
 4. To direct such sums to be raised in such township 
 for prosecuting or defending such actions as they may deem 
 necessary. 
 
 5. To make all rules and regulations for impounding of 
 animals. 
 
 6 To impose such penalties on persons offending against 
 any rule or regulation established by the township, as they 
 thing proper, not exceeding ten dollars for each offense ex- 
 cept as herein otherwise proviaed. 
 
 7. To apply such penalties, when collected, in such man- 
 ner as they deem most conducive to the interests of the 
 township. [1883, ch. 112, sub-ch. 7, § 13; R. G. 1899, § 2542.] 
 
192 ELECTION LAWS 
 
 Article 6. — Special Meetings. 
 
 § 3078. Special meetings held, when.] Special meet- 
 ings may be held for the purpose of electing township oiYi- 
 cers to fill vacancies that occur, also for the purpose of 
 transacting any lawful business, whenever the supervisors, 
 township clerk and justices of the peace, or any two of them, 
 together with at least twelve freeholders of the township 
 file in the office of the township clerk a written statement 
 that a special meeting is necessary. [1883, ch. 112, sub-ch. 
 1, § 16; R. C. 1899, § 2543.] 
 
 § 3079. Clerk to give notice of meeting.] Each clerk 
 with whom such statement is filed as required in the pre- 
 ceding section, shall record the same and immediately cause 
 notice to be posted in five of the most public places in the 
 township, giving at least ten days' notice of such special 
 meeting; and if there is a newspaper published in the town- 
 ship he shall cause a copy of such notice to be published 
 therein at least three days before the time appointed for 
 such meeting. [1883, ch. 112, sub-ch. 1, § 17; R. G. 1899, ^ 
 2544.] 
 
 § 3080. What notice must specify.] Each notice given 
 for a special meeting shall specify the purpose for which it 
 is to be held, and no other business shall be transacted at 
 such meeting than such as is specified in such notice. If 
 vacancies in office are to be filled at such meeting the notice 
 shall specify in what office vacancies exist, how they oc- 
 curred, who was the last incumbent and when the term of 
 each office expires. [1883, ch. 112, sub-ch. 1, § 18; R. C. 
 1899, § 2545.] 
 
 Article 7. — Mode of Conducting Township Meetings. 
 
 § 3081. Organization of meeting.] The electors present 
 at any time between nine and ten o'clock in the forenoon 
 of the day of the annual or special meeting shall be called 
 to order by the township clerk, if present; in case he is not 
 present then the voters may elect by acclamation one of 
 their number chairman and three of their number judges 
 of such meeting, who shall be duly sworn and be judges of 
 the qualifications of township electors. They shall thei 
 proceed to choose one of their number to preside as moder- 
 ator of such meeting. The clerk last before elected shah 
 be clerk of the meeting and keep full minutes of its pro- 
 ceedings, in which he shall enter at length every order or 
 direction and all rules and regulations made by the meet- 
 ing. If the clerk is absent, then some person shall be elect- 
 
STATE OF NORTH DAKOTA 193 
 
 ed to 'act as clerk of the meeting. [1883, ch. 112, sub-ch. 1, 
 § 19; R. C. 1899, § 2546.] 
 
 § 3082. Duty of moderator. Reconsideration of vote] 
 At tlie opening of each meeting the moderator shall state 
 the business to be transacted, and the order in which it shall 
 be entertained, and no proposition to vote a tax shall be 
 acted on out of the order of business as stated by the mod- 
 erator, and no proposition to reconsider any vote shall be 
 entertained at any meeting unless such proposition to re- 
 consider is made within one hour from the time such vote 
 was passed, or the motion for such reconsideration is sus- 
 tained by a number of voters equal to a majority of all the 
 names entered upon the poll list at such election up to the 
 time such motion is made; and all questions upon motions 
 made at township meetings shall be determined by a ma- 
 jority of the electors voting; and the moderator shall as- 
 certain and declare the result of the votes on each ques- 
 tion. [1883, ch. 112, sub-ch. 1, § 20; R. G. 1899, § 2547.] 
 
 § 3083. Proclamation of opening and closing polls.] 
 Refore the electors proceed to elect any township oflicer, 
 proclamation shall be made of the opening of the polls by 
 the moderator, and proclamation shall in like manner be 
 made of the adjournment, and of the opening and closing 
 of the polls, until the election is ended. [1883, ch. 112, suS- 
 ch. 1, §21;R. C. 1899, §2548.] 
 
 § 3084. Who are voters.] No person shall vote at any 
 township meeting unless he is qualified to vote at general 
 elections, and has been for the last ninety days an actual 
 resident of the township w^herein he offers to vote. [1883, 
 ch. 112, sub-ch. 1, § 22; R. G. 1899, § 2549.] 
 
 § 3085. Ghallenge to voter.] If any person offering to 
 vote at any election or upon any question arising at such 
 township meeting is challenged as unqualified, the judge:> 
 of the meeting shall proceed thereupon in like manner as 
 the judges at the general election are required to proceed, 
 adapting the oath to the circumstances of the township 
 meeting. [1883, ch. 112, sub-ch. 1, § 23; R. G. 1899, § 2550.] 
 
 § 3086. Gertain officers to be elected by ballot.] The 
 supervisors, treasurer, township clerk, assessor, justices of 
 the peace, constables and overseer of highways in each 
 township shall be elected by ballot. All other officers, if 
 not otherwise provided by law, shall be chosen either by 
 yeas and nays or by a division, as the electors determine. 
 [1883, ch. 112, sub-ch. 1, § 24: R. G. 1899, § 2551.] 
 
194 ELECTION LAWS 
 
 § 3087. All candidates on one ballot.] When the elec- 
 tors vote by ballot all the candidates voted for shall be 
 named on one ballot, which shall contain, written or print- 
 ed, or partly written and partly printed, the names of the 
 persons voted for and the offices to which such persons are 
 intended to be chosen, and shall be delivered to one of the 
 judges so folded as to conceal its contents. [1883, ch. 112, 
 sub-ch. 1, § 25; R. G. 1899, § 2552.] 
 
 § 3088. Poll list.] When the election is by ballot a 
 poll list shall be kept by the clerk of the meeting, on which 
 shall be entered the name of each person whose vote is re- 
 ceived. [1883, ch. 112, sub-ch. 1, § 26; R. C. 1899, § 2553.] 
 
 § 3089. Judges to deposit ballots.] When the election 
 is by ballot one of the judges shall deposit the ballots in a 
 box provided for that purpose. 1 1883, ch. 112, sub-ch. 1, § 
 27; R. C. 1899, § 2554.] 
 
 § 3090. Judges to canvass the votek.J At the close of 
 every election by ballot the judges shall proceed publicly 
 to canvass the votes, which canvass when commenced shall 
 continue without adjournment or interruption until the 
 same is completed. [1883, ch. 112. sub-ch. 1, § 28; R. G. 
 1899, § 2555.] 
 
 § 3091. Manner of canvassing.] The canvass shall be 
 conducted by taking one ballot at a time from the ballot 
 box and counting until the number of ballots is equal to 
 the number of names on the poll list, and if there are any 
 left in the box they shall be immediately destroyed; and 
 the person having the greatest number of votes for any of- 
 fice shall be declared duly elected; provided, that if two or 
 more persons have an equal and the highest number of 
 votes for any office, the judges of election shall at once pub- 
 licly by lot determine who of such persons shall be declared 
 elected. If on opening the ballots two or more ballots are 
 found to be so folded that it is apparent that the same per- 
 son voted them the board shall immediately destroy the 
 ballots. [1883, ch. 112, sub-ch. 1, § 29; R. G. 1899, § 2556.] 
 
 § 3092. Result to be announced.] The canvass being 
 completed, a statement of the result shall be entered at 
 length by the clerk of the meeting in the minutes of its pro- 
 ceedings to be kept by him as before required, which shall 
 be publicly read by him to the meeting, and such reading 
 shall be deemed notice of the result of the election to every 
 person whose name is entered on the poll list as a voter. 
 [1883, ch. 112, sub-ch. 1, § 30; R. G. 1899, § 2557.] 
 
 § 3093. Minutes to be filed.] The minutes of the pro- 
 ceedings of each meeting, subscribed by the clerk of said 
 
STATE OF NORTH DAKOTA 195 
 
 meeting and by the judges, shall be filed in the office of the 
 township clerk within two days after such meeting. [1883, 
 ch, 112, sub-ch. 1, § 31; R. C. 1899, § 2558.] 
 
 § 3094. Duty of township clerk.] The clerk of each 
 township meeting shall, immediately after the votes are 
 canvassed, transmit to each person elected to any township 
 office, a notice of his election. [1883, ch. 112, sub-ch 1, § 
 32; R. C. 1899, 2559; 1903, ch. 92.] 
 
 § 3095. Proceedings when meeting fails to elect.] In 
 case any township refuses or neglects to organize and elect 
 township officers at the time fixed by law for holding an- 
 nual township meetings, twelve freeholders of the township 
 may call a township meeting for the purpose aforesaid, by 
 posting notices in three public places in such township, 
 giving at least ten days' notice of such meeting; which notice 
 shall set forth the time, place and object of such meeting; 
 and the electors when assembled by virtue of such notice 
 shall possess all the powers conferred upon them at the 
 annual township meeting. In case no such notice is give i 
 as aforesaid within thirty days after the time for holding 
 the annual meeting, the board of county commissioners of 
 the coynty shall, on the affidavit of any freeholder of the 
 -township, filed in the office of the clerk of the board, set- 
 ting forth the facts, at any regular or special meeting of 
 the board, appoint the necessary township officers of such 
 township, and the persons so appointed shall hold their re- 
 spective offices until others are elected and qualified in 
 their places, and shall have the same power and be subject 
 to the same duties as if thev had been duly elected. [1883, 
 ch. 112, sub-ch. 1, § 33; R. C. 1899, § 2560.] 
 
 CRIMES AGAINST THE ELECTIVE FRANCHISE. 
 
 § 8585. Elector. Giving or receiving bribe.] Everj^ 
 person, who, by force, threats, bribery or by offering to 
 give or by giving a bribe to any elector, or by any corrupt 
 means whatever, either directly or indirectly, attempts to 
 influence or influences any such elector in giving his vote 
 at any election; or who attempts to deter or deters him 
 from giving his vote at such election, or attempts by any 
 means whatever to awe, restrain, hinder or disturb any 
 elector in the free exercise of the right of suffrage, or de- 
 frauds any elector at any such election by deceiving and 
 causing such elector to vote for a different person for any 
 
196 ELECTION LAWS 
 
 office than he intended or desired to vote for, or who, be- 
 ing an inspector, member of the board of election, judge 
 or poll clerk of any election, while acting as such or dur- 
 ing the continuance of an election, induces or attempts to 
 induce any elector, either by menaces, or reward or prom- 
 ises thereof, to vote differently from what such elector in- 
 tended or desired to vote, is guilty of a misdemeanor and 
 is punishable by a fine not exceeding one thousand dollars 
 and not less than one hundred dollars and by imprison- 
 ment in the county jail not exceeding one year and not less 
 than three months. [Pen. G. 1877, § 56; R. C. 1895, § 6855.] 
 
 § 8586. Elector. Illegal influence.] Every person 
 offering, giving or loaning to another any money or other 
 thing of value, to induce him to influence any elector to 
 vote in a particular way or for any person at any such 
 election, shall be punished by a fine not exceeding five hun- 
 dred dollars, or be imprisoned in the county jail not ex- 
 ceeding one year, or both such fine and imprisonment. 
 [Pen. C. 1877, § 57; R. C. 1899, § 6856.] 
 
 § 8587. Betting upon election, how punished.] Every 
 person who makes, offers or accepts any bet or wager upon 
 the result of any election, or upon the success or failure of 
 any person or candidate, or upon the number of votes to 
 be cast either in the aggregate or for any particular candi- 
 date, or upon the vote to be cast by any particular person 
 or persons, or upon the decision to be made by any inspec- 
 tor of election, board of election or any member thereof, 
 or any canvasser, board of canvassers or other election 
 officers, or any question arising in the course of an elec- 
 tion, or upon any event whatever depending upon the con- 
 duct or result of an election or upon the conduct or decis- 
 ion of any officer of an election or board of such officers, 
 is guilty of a misdemeanor. [Pen. C. 1877, § 58; R. G. 1895, 
 § 6857.] 
 
 § 8588. Offers of office, how punished.] Every per- 
 son who, being a candidate at any election, offers or agrees 
 to appoint or procure the appointment of any particular 
 person or persons to office, as an inducement or considera- 
 tion to any person to vote for, or to procure or aid in pro- 
 curing the election of such candidate, is guiltv of a mis- 
 demeanor. [Pen. G. 1877, § 59; R. G. 1899, § 6858.] 
 
 § 8589. GoMMUNiCATiNG SAME.] Every person who, not 
 being a candidate, communicates any offer made in viola- 
 tion of the last section, to any person, with intent to induce 
 him to vote for or to procure or aid in procuring the elec- 
 
STATE OF NORTH DAKOTA 197 
 
 tion of the candidate making the offer, is guilty of a mis- 
 demeanor. [Pen. C. 1877, § 60; R. C. 1899, § 6859.] 
 
 § 8590. Contributing money for elections, how pun- 
 ISED. Exceptions.] Every person who, with intent to pro- 
 mote the election, either of himself or of any other person 
 or candidate, either: 
 
 1. Furnishes, or engages to pay or deliver any money 
 or property, for the purpose of procuring the attendance 
 of voters at the polls, or for the purpose of compensating 
 any person for procuring attendance of voters at the polls, 
 except for the conveyance of voters who are sick, poor or 
 infirm; or, 
 
 2. Furnishes, or engages to pay or deliver any money 
 or property, for any purpose intended to promote the elec- 
 tion of any candidate, except for the expenses of holding 
 and conducting public meetings for the discussion of pub- 
 lic questions, and of printing and circulating ballots, hand- 
 bills and other papers, previous to such election, is guiltv 
 of a misdemeanor. [Pen. C. 1877, § 61; R. G. 1899, § 6860. J 
 
 § 8591. Defrauding elector in his vote.] Every per- 
 son who fraudulently alters the ballot of any elector or 
 substitutes one ballot for another, or furnishes any elector 
 with a ballot otherwise than as provided and authorized 
 by law, or with a ballot containing more than the proper 
 number of names, or who intentionally practices any fraud 
 upon any elector to induce him to deposit a ballot as his 
 vote and to have the same thrown out and not counted, or 
 otherwise to defraud him of his vote, is guilty of a mis- 
 demeanor. [Pen. G. 1877, § 62; R. G. 1895, § 6861.] 
 
 § 8592. Obstructing elector.] Every person who will- 
 fully and without lawful authority obstructs, hinders or 
 delays any elector on his way to any poll where an election 
 shall be held, is guilty of a misdemeanor. [Pen. C. 1877, § 
 63; R. G. 1899, § 6862.] 
 
 § 8593. Double voting or offer.] Every person who 
 votes more than once at any election, or who offers to vote 
 after having once voted, either in the same or in another 
 election precinct or district shall be punished by fine not ex- 
 ceeding two hundred dollars, or by imprisonment in the 
 county jail not exceeding one year. [Pen. G. 1877, § 64; R. G. 
 1899, §6863.] 
 
 § 8594. Unqualified voter.] Every person knowing 
 himself not to be a qualified voter, who votes or offers to 
 vote at any election, shall be punished by a fine not ex- 
 
198 
 
 ELECTION LAWS 
 
 ceeding two hundred dollars, or by imprisonment in the 
 county jail not exceeding six months. [Pen. C. 1877, S 65; 
 R. C. 1899, § 6864] 
 
 § 8595. Procuring u)nqualified vote.] Every person 
 who procures, aids, assists, counsels or advises another to 
 give his vote, knowing that such person is disqualified, 
 shall be punished by a fine not exceeding five hundred dol- 
 lars, nor less than fifty dollars, and by imprisonment in the 
 county jail not exceeding one year. [Pen. G. 1877, ^ 66: R, 
 C. 1899, § 6865.] 
 
 § 8596. Advising unqualified voting.] Every person 
 who procures or counsels another to enter any town, ward 
 or election precinct or district for the purpose of giving 
 his vote at an election, knowing that such person is not en- 
 titled so to vote, is guilty of a misdemeanor. [Pen. C. 1877, 
 § 67; R. G. 1899, § 6866.] 
 
 § 8597. Voting in wrong . precinct or district.] Every 
 person who, at any election, knowingly votes or offers to 
 vote in any election precinct or district in which he does 
 not reside, or in which he is not authorized by law to vote, 
 is guilty of a misdeameanor. [Pen. G. 1877, § 68; R. G. 1899, 
 § 6867.] 
 
 § 8598. Voting unlawfully at town meeting.] Every 
 person who votes at any annual township meeting, in a 
 township in which he does not reside, or who offers to vote 
 at any annual township meeting after having voted at an 
 annual township meeting held in another township within 
 the same vear, is guilty of a misdemeanor. [Pen. G. 1877, 
 § 741; R. G. 1899, § 6868.] 
 
 § 8599. Gonvicted felon. Denied vote.] Every person 
 who, having been convicted of any bribery or felony, there- 
 after offers to vote at any election without having been 
 pardoned and restored to all the rights of a citizen, is guilty 
 of a misdemeanor. [Pen. G. 1877, § 69; R. G. 1899, § 6869.1 
 
 § 8600. Unauthorized registration, how punished.] 
 Every person who causes his name to be registered as that 
 of an elector, upon any registry of voters authorized hy 
 law to be kept in any town, city or election precinct or dis- 
 trict of this state, knowing that he is not a qualified voter 
 within the territorial limits covered by such registry, is 
 punishable by imprisonment in the penitentiary not less 
 than one year. [Pen. G. 1877, § 70; R. G. 1899, § 6870.] 
 
 § 8601. Personating registered voter.] Every person 
 who, within any city, town or election precinct or districi 
 
_ STATE OF NORTH DAKOTA 19^ 
 
 in this state in which a registry of qualified voters is by la^v 
 authorized to be kept falsely personates a registered vote:\ 
 and in such personating offers to vote at any election, is 
 punishable by imprisonment in the penitentiary not less 
 than one year. [Pen. G. 1877, § 71; R. C. 1899, § 6871.] 
 
 § 8602. False statement, preventing registration.] 
 Every person who, at the time of requesting his name to be 
 registered as that of a qualified voter, upon any registry of 
 voters authorized by law to be kept in any city, town or 
 election precinct or district of this state, or at the time of 
 offering his vote at any election, knowingly makes any false 
 statement or employs any false representation or false pre- 
 tense or token, to procure his name to be registered or his 
 vote to be received, is guilty of a misdemeanor. [Pen. C. 
 1877, § 72; R. C. 1899, § 6872.] 
 
 § 8603. Constructive false statements.] A false state- 
 ment, representation or token, made or used in the pres- 
 ence and to the knowledge of a person requesting his name 
 to be registered or offering his vote, is to be deemed made 
 by himself, if it appears that it was made or used in sup- 
 port of his claim to be registered or to vote, that he knew 
 it to be false and suffered it to pass uncontradicted. [Pen. 
 C. 1877, § 73; R. C. 1899, § 6873.] 
 
 § 8604. Disturbance of public meeting.] Every person 
 who willfully disturbs or breaks up any public meeting of 
 electors and others, lawfully being held for the purpose of 
 considering public questions, is guilty of a misdemeanor. 
 [Pen. G. 1877, § 74; R. C. 1899, § 6874.] 
 
 § 8605. Preventing public meeting of electors.] Ever^/ 
 person who, by threats, intimidation or unlawful violence, 
 willfully hinders or prevents electors from assembling in 
 public meeting for the consideration of public questions. Is 
 guilty of a misdemeanor. [Pen. C. 1877, § 75; R. C. 1899, S 
 6875.] 
 
 § 8606. Preventing attendance at public meeting.] 
 Every person who makes use of any force or violence or 
 of any threat to do any unlawful act, as a means of pre- 
 venting an elector from attending any public meeting law- 
 fully held for the purpose of considering any public ques- 
 tions, is guilty of a misdemeanor. [Pen. C. 1877, § 76; R. 
 G. 1899, § 6876.] 
 
 §8607. Intimidating ELECTORS.] Every person who will- 
 fully, by unlawful arrest, by force and violence or by threats 
 or intimidation, prevents or endeavors to prevent an elector 
 from freely giving his vote at any election, or employs either 
 
200 ELECTION LAWS 
 
 of such means to hinder him from voting, or to cause him to 
 vote for any person or candidate, shall be punished by a fine 
 not exceeding one thousand dollars, and not less than fifty 
 dollars. [Pen. C. 1877, § 77; R. C. 1899, § 6877.] 
 
 § 8608. Violence, threats, etc., of electors.] Every 
 person who procures or endeavors to procure the vote oi 
 any elector, or the influence of any person or other electors, 
 at any election, for himself or for or against any candidate, 
 by means of violence, threats of violence, or threats of with- 
 drawing custom or dealings in business or trade, or enforc- 
 ing the payment of debts, or bringing a suit or criminal 
 prosecution, or any other threat of injur}^ to be inflicted by 
 him or by his means of procurement, shall be punished by 
 a fine not exceeding one thousand dollars, and by impris- 
 onment in the county jail not exceeding six months. [Pen. 
 C. 1877, § 78; R. C. 1899, § 6878.] 
 
 § 8609. Disobedience of election judges and officers.] 
 Every person who willfully disobeys a lawful command of 
 an inspector or judge of election or board of election, or 
 board of judges of an election or election officers, given in 
 the execution of his or their duty as such at anv election, 
 is guilty of a misdemeanor. [Pen. G. 1877, § 79; R. G. 1895, 
 § 6879.] 
 
 § 8610. Violence disturbing election.] Every person 
 who is guilty of any riotous conduct, or causes any distur- 
 bance or breach of the peace, or uses any disorderly violence 
 or threats of violence, whereby any elector is impeded or 
 hindered, or whereby the lawful proceedings of any in- 
 spector or judge of election or poll clerk or other oflicer of 
 election or election officer, or board of election or can- 
 vasser at such election, in the discharge of his or their duty, 
 are interfered with, is guilty of a misdemeanor. [Pen. G. 
 1877, § 80; R. G. 1905, § 6880.] 
 
 § 8611. Disobedience. Summary arrest therefor.] 
 Whenever, at an election, any person refuses to obey the 
 lawful command of an inspector or judge of election, or oi 
 a board of election or other officer of election or election 
 officer or board of canvassers, or by any disorderly con- 
 duct in his or their presence interrupts or disturbs his or 
 their proceeding, he or they may make an order directing 
 the sheriff or any constable of the county, or one or more 
 special constables to be appointed by him or them, to take 
 the person so offending into custody and detain him until 
 the final canvass of the votes shall be completed. Rut such 
 order shall not prohibit the person taken into custody from 
 voting at such election. [Pen. G. 1877, § 81; R. G. 1899, § 
 6881.] 
 
STATE OF NORTH DAKOTA 201 
 
 § 8612. Such arrest not defense.] The fact that any 
 person, offending against the provisions of the preceding 
 section, was taken into custody and detained, as therein 
 authorized, forms no defense to a prosecution for the of- 
 fense committed under any provisions of this code. [Pen. 
 C. 1877, § 82; R. G. 1899, § 6882.] 
 
 § 8613. Destroying ballots or boxes.] Every person 
 who willfully breaks or destroys, on the day of an election 
 or before the canvass is completed, any ballot box used or 
 intended to be used as such election, or defaces, injures, 
 destroys or conceals any ballot which has been deposited in 
 any ballot box at an election, and has not already been 
 counted or canvassed, or any poll list used or intended to 
 be used at such election, is guilty of a felony. [Pen. C. 
 1877, § 83; R. C. 1899, § 6883.] 
 
 § 8614. False certificates. Suppressing certificate.] 
 Every person who falsely makes, or makes oath to or frau- 
 dulently destroys any certificate of nomination or any part 
 thereof, or files or receives for filing any certificate of nom- 
 ination, knowing the same or any part thereof to be falsely 
 made, or suppresses any certicate of nomination which ha> 
 been duly filed, or any part thereof, or forges or falsely 
 makes the official indorsement on any ballot, or willfully 
 neglects properly to indorse said ballot shall be deemed 
 guilty of a felony, and upon conviction thereof shall be 
 punished by imprisonment in the penitentiary not less than 
 one and not exceeding five years. [1893, ch. 66, § 31; R. G. 
 1895, § 6884.] 
 
 § 8615. Destroying supplies, lists or cards.] Every 
 person who, during an election, willfully removes or de- 
 stroys any of the supplies or other conveniences placed 
 in the booths or compartments for the purpose of enabling 
 the voter to prepare his ballot, or prior to or on the day of 
 an election willfully defaces or destroys any list of candi- 
 dates posted in accordance with the provisions of law, or 
 any copy of the printed ticket so posted, or who, during an 
 election, tears down or defaces the cards printed for the in- 
 struction of voters, shall be deemed guilty of a misdem- 
 eanor, and upon conviction thereof, shall be fined in any 
 sum not exceedinfif one hundred dollars. [1893, ch, 66, § 
 32; R. G. 1895, § 6885.] 
 
 § 8616. False poll list.] Every poll clerk or clerk of* 
 the poll at any election, who willfully keeps a false poll lisf, 
 or who knowingly inserts in his poll list any false state- 
 ment, is guilty of a misdemeanor. [Pen. G. 1877, § 84; R, 
 G. 1895, § 6886.] 
 
202 ELECTION LAWS 
 
 § 8617. Misconduct of judges. Challenges.] Everj' 
 inspector or judge of an election, who willfully excludes 
 any vote duly tendered, knowing that the person offering 
 the same is lawfully entitled to vote at such election, or who 
 willfully receives a vote from any person who has been 
 duly challenged in relation to his right to vote at such elec- 
 tion, without exacting from such person such oath or other 
 proof of qualification as may be required by law, or who 
 willfully omits to challenge any person offering to vote, 
 whom he knows or suspects not to be duly entitled to vote, 
 and who has not been challenged by any other person, is 
 guilty of a misdemeanor. [Pen. G. 1877, § 85; R. C. 1895, 
 § 6887.] 
 
 § 8618. Falsely canvassing or certifying.] Every in- 
 spector or judge of election, member of any board of elec- 
 tion or of canvassers, poll clerk, messenger or other officer 
 authorized to take part in or perform any duty in relation 
 to any canvass or official statement of votes cast at any 
 election, who willfully makes any false canvass of such 
 votes, or makes, signs, publishes or delivers any false re- 
 turns of such election, knowing the same to be false, or 
 willfully defaces, destroys or conceals any statement or 
 certificate intrusted to his care, is guilty of a misdemeanor. 
 [Pen. C. 1877, § 86; R. C. 1895, § 6888.] 
 
 § 8619. Bribing election officers.] Every person who 
 gives or offers a bribe to any inspector, judge, clerk, can- 
 vasser or other officer of any election, or of any board of 
 election, as a consideration for some act done or omitted to 
 be done, contrary to his official duty in relation to such 
 election, shall be punished by a fine not exceeding five hun- 
 dred dollars and imprisonment in the county jail not ex- 
 ceeding six months. [Pen. C. 1877, § 87; R. G. 1895, § 6889.] 
 
 § 8620. Penalty, disfranchisement.] Any person guilty 
 of either of the offenses mentioned in section 8585 and 8586 
 shall thereafter be forever disfranchised and rendered in- 
 eligible to any office of trust or profit within the state, in- 
 cluding that of representative to congress. [Pen. G. 1877, 
 § 88; R. G. 1899, § 6890.] 
 
 § 8621. Witness not excused, not punished.] No per- 
 son shall be excused from testifying upon a prosecution for 
 an offense mentioned in section 8586 upon the ground that 
 his statement might tend to criminate himself, but any per- 
 son so testifying against the other party shall thereafter be 
 exempt from punishment for such offense mentioned in 
 said section. [Pen. G. 1877, § 89; R. G. 1899, § 6891.] 
 
 § 8622. Election defined.] The word "election," as 
 used in this chapter, designates only elections had within 
 
STATE OF NORTH DAKOTA 203 
 
 this state for the purpose of enabling electors, as such, to 
 choose some public otficer or officers under the laws of this 
 state, or of the United States. [Pen. C. 1877, § 90; R. C. 
 1899, § 6892.] 
 
 § 8623. Irregularities no defense.] Irregularities or 
 defects in the mode of noticing, convening, holding or con- 
 ducting an election authorized by law, form no defense to 
 a prosecution for a violation of the provisions of this chap- 
 ter. [Pen. G. 1877, § 91; R. C. 1899, § 6893.] 
 
 § 8624. Rights. Lawful interference.] Nothing in 
 this chapter shall be construed to authorize the punishment 
 of any person who, by authority of law, may interfere to 
 prevent or regulate an election which has been unlawfully 
 noticed or convened, or is being or is about to be unlaw- 
 fully conducted. [Pen. C. 1877, § 92; R. C. 1899, § 6894] 
 
 § 8625. Questions submitted. Criminal acts.] Ever^^^ 
 act which by the provisions of this chapter is made crim- 
 inal when committed with reference to the election of 8 
 candidate, is equally criminal when committed with refer- 
 ence to the determniation of a question submitted to elec- 
 tors to be decided by votes cast at an election. [Pen. C. 
 1877, § 93; R. G. 1899, § 6895.] 
 
 § 8626. Good faith. Given in evidence.] Upon any pro- 
 secution for procuring, offering or casting an illegal vote, 
 the accused may give in evidence any facts tending to show 
 that he honestly believed upon good reason that the vot'^ 
 complained of was a lawful one; and the jury may take 
 such facts into consideration in determining whether the 
 acts complained of were knowingly done or not. [Pen. G. 
 1877, § 94; R. G. 1899, § 6896.] 
 
 § 8627. Selling liquors on election day.] Every per- 
 son who sells, gives away or disposes of any intoxicating 
 liquors as a beverage, on the day of any general electioi 
 or special or local election, in the town, city or countj^ 
 where held, shall be deemed guilty of a misdemeanor, and 
 upon conviction shall be punished by imprisonment in the 
 county jail not to exceed twenty days, and by fine not ex- 
 ceeding one hundred and not less than fifty dollars. [Pen. 
 G. 1877, § 95; R. G. 1895, § 6897.] 
 
 § 8628. Unlawful voting at caucus. Penalty.] Every 
 person who is not a qualified elector of the ward or elec- 
 tion precinct in which any caucus or primary meeting is 
 held and having for its object either immediately or ulti- 
 mately, the nomination or selection of any delegate, or of 
 any candidate for a public office to be voted for at any elec- 
 
204 ELECTION LAWS 
 
 tion in this state, who in any manner votes upon any ques- 
 tion or issue pending before or submitted to such caucus 
 or primary meeting, is guilty of a misdemeanor. It sliall 
 be tlie duty of the clerk of any caucus held under section 
 598 of the political code to carefully keep and preserve the 
 record of the caucus, which shall include a list of the 
 names of each person voting at the said caucus, for six 
 months, and he shall at any time within said six months 
 furnish a certified copy of the record of such caucus upon 
 the request of the chairman of the county or state commit- 
 tee of the political party which said caucus represented. 
 Any person who shall participate directly or indirectly iu 
 the election at cauchs of more than one delegate or set oi" 
 delegates for the nomination of each office to be filled shall 
 be guilty of a misdemeanor and upon conviction thereof 
 shall be fined in a sum not less than fifty nor more than 
 two hundred dollars. [1885, ch. 28, § 31; 1899, ch. 28 §§7, 8; 
 R. C. 1899, § 6898.] 
 
 § 9341. Mutilating election returns] Evei-y messenger 
 appointed by authority of law to receive and carry any re- 
 port, certificate or certified copy of any statement relating 
 to the result of any election, who willfully multilates, tears, 
 defaces, obliterates or destro} s the same, or does any other 
 act which prevents the delivery of it as required by law, 
 and every person who takes away from such messenger 
 any such report, certificate or certified copy, with intent to 
 prevent, its delivery, or who willfully does any injury or 
 other act such as is above specified, is punishable by im- 
 prisonment in the penitentiary not exceeding five years 
 and not less than two years. [Pen. C. 1877, § 716; R. C. 
 1899, § 7582.] 
 
STATE OF NORTH DAKOTA 205 
 
 PRIMARY ELECTION LAW. 
 
 Section 1. Intent of act.] It is the intention of this act 
 to reform the methods by which political parties shall make 
 nominations of candidates for all public oflices by popular 
 vote. It shall be liberally construed so that the real will of 
 the electors may not be defeated by any informality or fail- 
 ure to comply with all provisions of law in respect to either 
 the giving of any notice or the conducting of the primary or 
 certify the results thereof. [1907, ch. 109.] 
 
 Sec. 2. Held, when. What offices for.] On the last 
 Wednesday in June of every year in which occurs a general 
 election, there shall be held, in lieu of party caucuses and 
 conventions, a primary election in the various voting pre- 
 cincts of this state, for the nomination of candidates for the 
 following ofhces to be voted for at the ensuing general elec- 
 tion, viz: Members of congress, state officers, county otfi-- 
 cers, district assessors and the following oflicers on the 
 years of their regular election, viz : Judges of the supreme 
 and district court, members of the legislative assembly and 
 county commissioners, and United States senator in the 
 year previous to his election by the legislative assembly, 
 provided, however, that the provisions of this act shall not 
 be construed to include or provide for the nomination of 
 presidential electors or delegates to national conventions. 
 Such delegates to national conventions shall be nominated 
 and elected, and presidential electors nominated as now or 
 hereafter may be provided for by the various state central 
 committees. For special elections for the officers enumer- 
 ated herein the nominations shall be made as otherwise 
 provided by law. [1907, ch. 109.] 
 
 Sec. 3. Petition required. Fees for filing. Affidavit 
 OF candidates.] Every candidate for United States senator, 
 member of congress, state officers, judge of supreme and 
 district courts, shall not more than sixty days nor less than 
 thirty days prior to said primary election, present to the 
 secretary of state a petition giving his name, post office ad- 
 dress, the title of the office to which he aspires and the party 
 which he represents, containing the names of 3 per cent of 
 the total vote cast for the candidate of the party with which 
 
206 ELECTION LAWS 
 
 he affiliates, for the same position at the last general elec- 
 tion; provided, however, that in no case shall more than 
 three hundred names be required. Each name on the peti- 
 tion shall be that of a legal voter and be subscribed under a 
 certified party heading. 
 
 Upon receipt by the secretary of state of such petition and 
 the payment to him of an amount equal to one per cent of 
 the annual salary of the office to which he aspires, and 
 when accompanied by the following affidavit he shall place 
 the applicant's name upon the primary election ballot in 
 the columns of his party as hereafter provided; provided, 
 however, that no fee shall be required of candidates for 
 United States senator. Said affidavit may be substantialW 
 as follows: 
 
 State of North Dakota 
 
 i^ ss. 
 
 County of J 
 
 I, , being duly sworn, depose and say 
 
 that I reside in the county of and state of North 
 
 Dakota; that I am a qualified voter therein and a ; 
 
 that I am a candidate for nomination to the office of 
 
 to be chosen at the primary election to be held 
 
 on the 19. . ., and I do hereby request that 
 
 my name be printed upon the primary election ballot as 
 
 provided by law, as a candidate of the party 
 
 for said office. 
 
 Subscribed and sworn to before me this day 
 
 of , 19.... 
 
 Notary Public, North Dakota. 
 
 The fees designated in this section to be paid to the secre- 
 tary of state shall be turned over by him to the state treas- 
 urer to be covered into the general fund. [1907, ch. 109.] 
 
 § 4. (Decision.) Party registration required, when.] 
 A party registration of the voters in their respective 
 political parties shall be taken in each precinct of this 
 state in the following manner. In the months of April 
 and May of each even numbered year in which a pri- 
 mary election is held, the assessor of each district shall 
 at the time he makes his assessment of the real and 
 personal property take down in an enrollment book 
 
STATE OF NORTH DAKOTA 
 
 207 
 
 the name of each voter in his district, grouping alphabetic- 
 ally and according to the precinct of such voters in substan- 
 tially the following form : 
 
 County, 
 
 City, 
 
 Ward 
 
 Election precinct. 
 
 Date 
 
 Enrolled 
 Number 
 
 Name 
 
 P. O. Address 
 
 Age 
 
 Nativity 
 
 Str. 
 No. 
 
 Party 
 Affiil. 
 
 And also have each voter sign, and swear to before the 
 assessor or notary as the case may be a registration blank 
 "A" which shall be in the following form: 
 
 State of North Dakota, 
 
 County of 
 
 ss. 
 
 I, the undersigned, elector do solemnly swear or (affirm) 
 that my name and signature as signed below is my true 
 name and signature. If I have not personally signed it, it is 
 
 because and it was signed 
 
 at my request by the attesting officer. My age is years 
 
 and occupation ; nativity ; 
 
 naturalized or declared by intention in court, 
 
 dn county, State, on 
 
 19..., as appears by the naturalization papers exhibited 
 
 herewith. Present residence is in section , township 
 
 , range , county. North Da- 
 kota; or (if in city or town )at No street, in the city 
 
 of post office address I 
 
 belong to the party; that I have resided in this 
 
 state for one year immediately preceding this election. In 
 testimony whereof I sign my name two times. 
 
 (1) (1) 
 
 (2) 
 
 Elector. 
 
 Note — "Verification to be in usual form." If unable to 
 sign, let the officer write his name and so state. 
 
 Registration and enrollment books. How furnished.] 
 These party enrollment books and blanks shall be prepared 
 and furnished by the secretary of state and by him sent to 
 each county auditor in the state and by each county auditor 
 distributed to each assessor. The assessors shall complete 
 this work of taking the party registration in the months of 
 
208 ELECTION LAWS 
 
 April and May of each even numbered year and shall return 
 the blanks and enrollment books to the county auditors of 
 the respective counties on or before thirty days before each 
 primary election day and shall receive as compensation the 
 sum of ten cents (10c) for entry of the name of each party 
 voter in addition to the compensation now allowed by law 
 for this work as such assessor. He shall cause the names 
 to be entered in the party enrollment book alphabetically 
 and according to the respective precincts of the voters with- 
 in that district. 
 
 Any voter who is unavoidably absent from the assessor's 
 district during the time of taking the party registration may 
 go before any notary public and sign and verify a registra- 
 tion blank as shown by form "A" and mail the same in to 
 the county auditor of his county. 
 
 When person may cause name to be enrolled on primary 
 DAY.] Any person who was a qualified voter in any elec- 
 tion precinct in this state on the day of enrollment and reg- 
 istration provided for in this act, and who failed to have 
 his name enrolled on that day by reason of sickness or un- 
 avoidable absence from the election precinct, and who is a 
 qualified voter in said district at the time of the primaries 
 thereafter held therein, or who may have become twenty- 
 one years of age after the day of enrollment, may have his 
 name enrolled by the election board on any primary day 
 upon making oath as provided in the general election law 
 in relation to registration of electors on election day. Any 
 person who was a qualified voter in any election precinct in 
 this state on the day of enrollment provided for in this act, 
 and who was duly enrolled as provided herein, who has 
 had occasion to transfer his place of residence to an elec- 
 tion precinct other than that in which he was enrolled, may 
 be entitled to a new enrollment on primary day in such 
 election precinct and be entitled to a vote therein, provided 
 that he has resided in the election precinct to which he has 
 lately removed for a period to comply with general laws 
 governing residences of electors. He may obtain from the 
 assessor of the precinct in which he formerly resided a cer- 
 tificate stating that he was duly enrolled in such precinct, 
 and that he has changed his residence therefrom to such 
 other precinct and that he is entitled to enrollment therein. 
 
 The county auditor shall cause duplicates to be made of 
 all the party enrollment books on file in his office and cause 
 a copy of the party enrollment book for each precinct to be 
 delivered to the inspector of elections of such precinct at 
 the same time that the other election supplies and ballot 
 boxes are delivered to such inspector as now provided by 
 law. 
 
I 
 
 STATE OF NORTH DAKOTA 209 
 
 The inspector and judges at such primary election shaJl 
 require each voter to vote the party ballot under which he 
 has registered. 
 
 County and legislative candidates. Petition, filing fee 
 AND pledge.] Every candidate for a county or district ofhce 
 shall not more than forty days nor less than thirty days, 
 and before 4 o'clock p. m. of the thirtieth day prior to any 
 primary election, present to the county auditor a petition 
 giving his name, post office address, the title of the office to 
 which he aspires and the party which he represents, con- 
 taining the names of five per cent of the total vote cast for 
 the candidate of the party which he represents, for the same 
 position at the last general election : such names to be pro- 
 cured from at least one-fifth of the precincts of his district; 
 provided, however, that in no case shall there be more than 
 two hundred names; and, provided, further, that the peti- 
 tions of all candidates for members of the legislative assem- 
 bly may, in addition to the requirements hereinbefore pro- 
 vided, contain the following pledge, namely: "I, the un- 
 dersigned, a candidate for the office of member of the legis- 
 lative assembly of the state of North Dakota, do obligate 
 myself to the people of the state of North Dakota and to the 
 people of my legislative district that during my term of of- 
 fice I will support and vote for that candidate for United 
 States senator in congress of the party of which I am n 
 member, who has received a majority of such party votes, 
 or who by law received the party nomination for that posi • 
 tion at the primary election next preceding the election o: 
 United States senator in congress." In case such legislative 
 candidate signs the foregoing pledge, he shall be entitled to 
 have printed below his name upon the primary and general 
 election ballot the following words, to-wit: "Pledged to the 
 people's choice for U. S. senator." In case such legislative 
 candidate does not sign the foregoing pledge there shall be 
 printed below his name upon the primary election and gen- 
 eral election ballots the following words, to-wit: "Not 
 pledged to the people's choice for U. S. Senator." 
 
 Each name on the petition shall be that of a qualified 
 voter, and be subscribed under a party heading. Each 
 signer of a nomination paper shall sign but one such paper 
 for the same office; he shall add his residence with the streel: 
 number, if any, and the aate of signing. Upon the receipt 
 cf such petition by the county auditor and the payment to 
 him of the filing fee of three dollars ($3.00), excepting can- 
 didates for county commissioners, district assessors, sur- 
 veyor, coroner, county constables and county justices of the 
 peace, who shall pay no filing fee and when accompanied 
 by an affidavit as provided in section 3 of chapter 109 of th.i 
 
210 ELECTION LAWS 
 
 1907 Session Laws relating to petitions required, fees and 
 liling affidavit of candidate, such county auditor shall place 
 the name of such applicant upon the primary election ballot, 
 in the columns of his party as hereinbefore provided. 
 
 When a legislative district is composed of more than one 
 county, the petition herein provided for shall be filed with 
 the county auditor of the county where the candidate re- 
 sides, and such county auditor shall certify to the county 
 auditors of the other counties comprising such legislative 
 districts the names of the candidates filing such petitions. 
 The filing fees received as above by the county auditor shall 
 be turned over by him to the county treasurer to be covered 
 into the general fund. [1911, ch. 213.] 
 
 § 5. Names on primary ballot. How secured. Vacan- 
 cies. How FILED.] Application to have a name placed on 
 the primary election ballots for nomination may be made by 
 five qualified electors for any office designated in this Act, 
 by presenting the petition required in Sections 3 or 4 to the 
 proper official, and paying the amount required, accompa- 
 nied by the following affidavit: 
 
 State of North Dakota, ] 
 
 [ ss. 
 County of J 
 
 "I, A B , G , 
 
 D , and E being duly sworn, 
 
 each for himself, deposes and says that he is a qualified 
 voter in the state of North Dakota, that he hereby makes 
 
 application to have the name of 
 
 printed on the primary election ballot of the partes 
 
 for the office of to be voted for at the primary 
 
 election to be held on the day of , 
 
 19. . . ; that said is to the best of his knowl- 
 edge, information and belief, a and a qualified 
 
 voter and eligible to hold the office of under 
 
 the constitution. 
 
 "Subscribed and sworn to before me this day of 
 
 19.... 
 
 Notary Public, North Dakota. 
 
 When such application is received by the proper officer, 
 accompained by the necessary fee, as required in Sections 3 
 and 4 of this Act, he shall place the name on the primary 
 
STATE OF NORTH DAKOTA 211 
 
 election ballot as a candiate of the party named in said 
 petition; provided, that such aflidavit and petition shall not 
 he filed without the written consent of such person to be 
 nominated endorsed thereon; and provided, further, that 
 when the time has expired at which a petition may be filed, 
 and a vacancy exists in the primary election ballot of any 
 political party by reason of no petition having been filed 
 for such nomination, then and in that case the same may be 
 filed by affidavit and petition as provided in this Section, on 
 the payment of one-half of the usual fee, and such affidavit 
 and petition must be filed with the proper officers at least 
 twenty-five days before the primary election; and provided, 
 further, that no petition shall be circulated or signed more 
 than ninety days previous to the time when any petition is 
 required to be filed as herein provided for, and any signa- 
 tures to a petition secured prior to ninety days shall not be 
 counted. [1913, ch. 223.] 
 
 § 6. Form of petition.] The petitions required in 
 sections 3, 4 and 5 of this act may be one continuous list of 
 names under the proper title or principle, or there may be 
 a number of such petitions using the same title, giving the 
 aggregate of names required. [1907, ch. 109.] 
 
 § 7. Nominations by stickers.] A candidate may bo 
 nominated by having his name written on or by printed 
 stickers placed over the name or in a blank line left for that 
 purpose underneath the group in each official position; but 
 not more than one name shall be written or printed on anv 
 such stickers. [1907, ch. 109.] 
 
 § 8. Eligibility of candidates.] All persons nomin- 
 ated in accordance with the provisions of this act shall be 
 eligible as candidates to be voted for at the ensuing general 
 election. [1907, ch. 109.] 
 
 § 9. Ballots, form of. Duties of judges and inspectors.] 
 The primary election and primary election ballots shall be 
 provided for, arranged and conducted and all expenses paid 
 as now provided by law for general elections, except as 
 otherwise provided for in tliis Act. 
 
 There shall be separate ballots for each party or princi- 
 ple and they shall all be of the same size, texture and color, 
 except sample ballots, which shall be printed on tinted 
 paper. 
 
 The ballot shall be entitled "Primary Election Ballot." 
 
 The names of all aspirants for nomination for each politi- 
 cal party or principle for the different offices shall be ar- 
 ranged in separate groups in their order, on separate bal- 
 lots under a proper political designation, leaving one or 
 
 i 
 
212 ELECTION LAWS 
 
 more blank lines or spaces below each group of names on 
 which may be written or placed a name or a printed sticker 
 attached for the nomination of the committee. No squares 
 shall be left at the head of the ballot. 
 
 At the head of each ballot shall be placed the title of the 
 political party or principle that it represents. 
 
 At the left of each group shall be placed the title of the 
 office, followed by a bracket, indicating the number of 
 names in such group. Above each group there shall be a 
 space in which shall be printed the number of names in that 
 group to be voted for as follows: 
 
 "Vote for name (or number names) only. * 
 
 Immediately above the names of the candidates to be 
 voted for shall be printed the following: 
 
 "To vote for a person whose name is printed on the ballot 
 mark a cross (X) in the square at the right of the name of 
 the person for whom you desire to vote. 
 
 "To vote for a person whose name is not printed on the 
 ballot, write or paste his name in the blank space provided 
 for that purpose." 
 
 Each ballot shall contain two columns, and each column 
 is to have as nearly as possible the same number of names 
 of candidates thereon, except that no groups or spaces be- 
 neath any group shall be divided, and the candidates for the 
 various offices shall appear upon the ballot in the followin,^ 
 order, commencing at the column to the left, viz: 
 
 Congressional — 
 
 United States Senator Vote for one 
 
 Representatives in congress district Vote for 
 
 State Officers — 
 
 Governor Vote for one 
 
 Lieutenant governor Vote for one 
 
 Secretary of State Vote for one 
 
 State Auditor Vote for one 
 
 State Treasurer Vote for one 
 
 Superintendent of Public Instruction Vote for one 
 
 Attorney General Vote for one 
 
 Commissioner of Insurance Vote for one 
 
 Commissioner of Agriculture and Labor Vote for one 
 
 Commissioner of Railroads Vote for three 
 
 Legislative — 
 
 State Senator District Vote for one 
 
 Members of House of Representatives Vote for. . . . 
 
I 
 
 ] 
 
 I 
 
 STATE OF NORTH DAKOTA 213 
 
 County Officers — 
 
 Sheriff Vote for one 
 
 Auditor Vote for one 
 
 Treasurer Vote for one 
 
 Clerk of District Court Vote for one 
 
 Register of Deeds Vote for one 
 
 State's Attorney Vote for one 
 
 County Judge 1 Vote for one 
 
 Superintendent of Schools Vote for one 
 
 Public Administrator Vote for one 
 
 County Surveyor Vote for one 
 
 County Coroner Vote for one 
 
 County Commissioner district Vote for 
 
 County Constable Vote for. . . - 
 
 A square shall be placed following the name to the right 
 of every candidate and the voter shall place a cross (X) in 
 such square following the name of each person he desires to 
 vote for. 
 
 The judges and inspectors of election when handing a 
 ballot to a voter shall inform him that he must vote for the 
 candidates of the political party such ballot represents only, 
 and the voter shall call for the ballot representing the party 
 or principle with which he affiliates and he shall receive such 
 ballot and no other. [1913, ch. 222.] 
 
 § 10. Must vote party ballot.] Any citizen otherwise 
 eligible by law, affiliated with or representing the principles 
 enumerated in the national platform of the following par- 
 ties, are eligible to nomination under this act. The republican 
 party, the democratic party, or any party designation that 
 oast 5 per cent of the votes cast for governor at the last gen- 
 eral election, and it shall be unlawful for any person to call 
 for or vote a ballot at the primary election herein provided 
 for, except a ballot representing the party or principle with 
 which he affiliates, and any person who has reason to be- 
 lieve that the ballot called for by the voter does not repre- 
 sent the party or principle with which said voter affiliates, 
 may challenge such vote, and he shall not be entitled to cast 
 his ballot unless he makes and files with the inspector of 
 such primary election an affidvit to the effect that such bal- 
 lot represents the political party with which he affilates. 
 [1907, ch. 109.] 
 
 § 11. Vacancies filed by party committees. Should 
 a vacancy occur in any of the offices for which nominations 
 are made under this act by reason of resignation or death, 
 where there is only one aspirant for such office, before the 
 printing of the primary election ballot such vacancy may be 
 
214 ELECTION LAWS 
 
 filled by the regularly constituted committee of the party to 
 which such vacancy belongs, and no petition nor fee shall 
 be required. [1907, ch. 109.] 
 
 § 12. Percentages of votes required for nominations.] 
 If the total vote cast for any party candidate or candi- 
 dates for any office for which nominations are herein 
 provided for, shall equal less than 25 per cent of the 
 average total number of votes cast for governor, secre- 
 tary of state and attorney general of the political party, 
 he or they represented at the last general election, then 
 no nomination shall be made in that party for such 
 office, but it (if) 25 per cent or more of such party vote is 
 cast and there is more than one candidate for any such 
 office, the person receiving the highest number of votes shall 
 be declared the nominee of such party for such office; pro- 
 vided further that where there is more than one person to 
 be elected to the same office the persons to the number to 
 be elected receiving the highest number of votes cast foi' 
 such office shall be declared the nominee of the party for 
 such offices. [1913, ch. 222.] 
 
 § 13. Nominations for united states senator.] Party 
 candidates for the office of United States senator shall be 
 nominated in the manner herein provided for nominations 
 of candidates for state officers. 
 
 The candidate receiving the highest number of votes at 
 such primary election shall be the nominee of his party for 
 the office of United States senator, at the succeeding session 
 of the legislative assembly which is to elect a United States 
 senator. The votes for candidates for United States senator 
 shall be canvassed and returned in the same manner as the 
 votes cast for state officers. 
 
 It is hereby made the duty of the secretary of state to cer- 
 tify to the next session of the legislative assembly the name 
 of the candidate of each party, who receives the highest 
 number of votes for the office of United States senator. 
 [1911, ch. 207.] 
 
 § 14. Ballots, how prepared.] The primary election 
 ballot shall be prepared, unless otherwise provided in this 
 act, as defined in sections 614 and 616 of the revised codes of 
 1905. [1907, ch. 109.] 
 
 § 15. Arrangement of names on ballot.] The names 
 of candidates for each office upon the sample ballot shall be 
 arranged alphabetically, according to surnames. The names 
 of candidates under headings designating each official posi- 
 tion shall be alternated on the official ballot in the printing, 
 in the following manner, viz. : 
 
STAtE OF NORTH DAKOTA 215 
 
 First: The forms shall be set up with the names in the 
 order in which they are placed upon the sample ballots pre- 
 pared by the secretary of state for the state and district offi- 
 ces, and by the county auditor for the county offices. 
 
 In printing each set of official ballots for the various elec- 
 tion precincts the position of the names shall be changed in 
 each office division as many times as there are candidates in 
 the office division or group in which there are the most 
 names. 
 
 As nearly as possible an equal number of tickets shall be 
 printed after each change. 
 
 In making the changes of position the printer shall take 
 the line of type at the head of each office divsion and place 
 it at the bottom of that divsion, shoving up the columns so 
 that the name that was second before the change shall be 
 first after the change. 
 
 After the ballots are printed, before being cut, they shall 
 be kept in separate piles for each change of positions, and 
 shall then be piled by taking one from each pile and placing 
 it upon the other pile to be cut, the intention being that 
 every other ballot in the pile of printed sheets shall have 
 names in different positions. 
 
 After the piles are made in this manner they shall be cut 
 and placed in blocks as provided by the general election 
 laws. [1907, ch. 109.] 
 
 § 16. List of officers to be nominated.] The secre- 
 tary of state between the first day of April and the first day of 
 May in such year, shall direct and cause to be delivered to the 
 county auditor of each county, a notice specifying the offi- 
 cers to be nominated under this act, whose term of office 
 will expire between the first Monday in December and the 
 first Monday in March, next succeeding, also specifying tHe 
 several officers to be nominated in such county at the next 
 primary election. The auditor to whom such notice is de- 
 livered shall cause notice of the same to be given as provid- 
 ed in section 637 of the revised codes of 1905. [1907, ch. 109.] 
 
 § 17. Provisions of election law applicable.] Ex- 
 cepting as herein otherwise provided, the following sections 
 of chapter 8 of the political code of 1905, entitled "Elections,*' 
 are hereby made applicable to primary elections and pri- 
 mary election ballots, under this act, to-wit: 605, 606, 607, 
 608, 609, 610, 611, 613, 614, 615, 616, 619, 620, 621, 622, 623, 
 624, 630, 635, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 
 648, 649, 650, 654, 655, 656, 657, 658, 659, 660, 669, 671, 672, 
 673, 674, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691. 
 692, 693, 649, 695, 696, 697, 698, 699 and 700. [1907, ch. 109.J 
 
216 ELECTION LAWS 
 
 § 18. Tally books. Arrangement of names.] Two 
 tally books or two sets of tally sheets shall be provided for 
 each political party or principle, having candidates to be 
 voted for, at each voting precinct, the same to be furnished 
 by the county auditor, at the same time and in the same 
 manner that the poll books and ballots are furnished. The 
 names of the candidates shall be placed on the tally sheets 
 in the order in which they appear on the official sample bal- 
 lot, and in each case shall have the proper party designation 
 at the head thereof. [1907, ch. 109.] 
 
 § 19. Polls, open when.. Canvass.] The polls shall 
 be opened at 8 o'clock a. m. and remain open continuously 
 until 5 p. m. When the polls are closed the judges and in- 
 spectors of such primary election shall open the ballot boxes, 
 count the votes and compare the same with the clerk's lists, 
 and should any irregularity appear they shall proceed as 
 now provided by law. When the ballots compare with the 
 clerk's lists, they shall proceed to canvass and place those of 
 each political party in separate piles. The tally of the votes 
 shall be separate for each political designation or principle 
 and so returned by the judges and inspectors of election, 
 giving the full vote for every candidate. The men's and 
 women's votes shall be kept separately and so returned by 
 the judges. The county canvassing board shall aggregate 
 these for the candidates voted for. [1907, ch. 109.] 
 
 § 20. Returns.] The judges of such primary election 
 in each precinct shall make a statement on blanks to be 
 provided for that purpose, which shall be subscribed by 
 them and filed in the office of the county auditor with the 
 returns as follows: They shall contain the names of all 
 persons voted for at the primary election, with the number 
 of votes cast for each candidate and for what office. A sep- 
 arate statement shall be made for each political party or 
 principle. [1907, ch. 109.] 
 
 § 21. Poll list delivered to boards of registration.] 
 Clerks of primary election shall keep a list of the names of 
 all persons voting at said election, and shall return one list 
 as now required and one tally sheet shall be a part of the 
 record, and deliver the other list to the board of registration 
 within thirty days following any primary election. No reg- 
 istration of voters shall be required under his act to vote at 
 any primary election. The poll list so kept at a primary 
 election and delivered to the board of registration shall tak:i 
 the place of the first registration of the voters now required, 
 and notice only shall be given of the date of the second day 
 of registration, which shall be held and conducted as now 
 
STATE OF NORTH DAKOTA 217 
 
 provided; and no other shall be required to vote at the gen- 
 eral election following. [1907, eh. 109.] 
 
 § 22. County canvassing board.] The county can- 
 vassing board shall be composed of the clerk of the district 
 court, county auditor, chairman of the board of county com- 
 missioners and the chairinan of the county committees of 
 the two political parties that cast the highest votes for gov- 
 ernor at the preceding general election. The members of 
 said board shall meet in the county auditor's office in the 
 court house at 10 o'clock on the eighth day after any pri- 
 mary election, and shall proceed, after taking the usual oath 
 of office, to open and publicly canvass the primary election 
 returns made to the county auditor. Any three members of 
 said board shall constitute a quorum, and are authorized to 
 make the canvass therein provided and to certify to the re- 
 sults thereof. [1907, ch. 109.] 
 
 § 23. Statement of canvassing board. Contents.] 
 The canvassing board shall make and prepare a statement, 
 the same to be signed by said board and filed in the office of 
 the county auditor, as follows: 
 
 First. A statement containing the names of all candidates 
 voted for at the primary election, with the number of votes 
 received by each and for what office, said statement to be 
 made as to each political party or principle separately. 
 
 Second. A statement of the names of the persons or can- 
 didates of each political party who are nominated, to-wit. 
 Those persons or candidates of such political party or prin- 
 ciple who received the highest number of votes for the re- 
 spective office, and where there is more than one person to 
 be elected to a given office at the ensuing general election 
 there shall be included in said statement of nomination the 
 names of so many candidates of such party receiving the 
 next highest number of votes for that office as there are 
 persons to be elected to such office at said ensuing general 
 election. Said statement shall in like manner be made sep- 
 arately as to each political party. 
 
 Third. A statement of the whole number of electors reg- 
 istered and the number of ballots cast, men and women 
 separately, at such primary election. 
 
 Fourth. A separate statement shall be made of the votes 
 cast for United States senator, member of congress, state 
 officers, judges of the supreme and district court and mem- 
 bers of the legislative assembly, which shall be transmitted 
 to the secretary of state as provided in this act. 
 
 Fifth. It shall be the duty of the county auditor upon 
 the completion of the canvass to mail or deliver in person 
 
218 ELECTION LAWS 
 
 to each candidate so nominated for any county or district 
 office a notice of such fact and that his name will be put 
 upon the official ballot, except as otherwise provided. He 
 shall also cause a copy of the findings of said board to be 
 published in the official newspaper of the county. [1907, ch. 
 
 § 24. Abstract of votes transmitted to secretary of 
 STATE.] It shall be the duty of the county auditor of each 
 county, under his official seal, excepting as provided in sec- 
 tion 25 of this act, to return to the secretary of state on or 
 before the first Tuesday of August following any primary 
 election, a certified abstract under separate political desig- 
 nation or principle, of the number of votes cast in his county 
 for every candidate for nomination for United States sen- 
 ator, member of congress, state officers, judges of the su- 
 preme and district courts and members of the legislative 
 assembly. He shall seal up such abstracts and without de- 
 lay transmit them to the secretary of state by registered 
 mail. [1907, ch. 109.] 
 
 § 25. Two OR MORE COUNTIES IN DISTRICT.] When two 
 or more counties are embraced in one legislative district 
 the respective county auditors shall attend at the office of 
 the county auditor of the senior county of such district, 
 within fifteen days after a primary election, and in con- 
 junction with the auditor of the senior county shall com- 
 pare the votes cast in the several counties comprising such 
 district and such auditors shall immediately make out cer- 
 tificates of nomination for the persons of each political 
 party or principle having the highest number of votes in 
 such district for members of the legislative assembly, as 
 provided in section 24 of this act, which certificates of nom- 
 ination shall be forwarded without delay to the secretary 
 of state by registered mail by the county auditor of the 
 senior county, who shall give notice in writing to all the 
 members of the legislative assembly nominated in such 
 district. [1907, ch. 109.] 
 
 § 26. State board of canvassers.] For the purpose 
 of canvassing and ascertaining the result of any primary 
 election the state board of canvassers shall meet at the of- 
 fice of the secretary of state on the first Tuesday in Septem- 
 ber next following a primary election, and be composed of 
 the following members, viz.: Clerk of the supreme court, 
 secretary of state, superintendent of public instruction and 
 the chairman of the state central committee of the two poli- 
 tical parties that cast the highest votes for governor at the 
 last general election. After taking the usual oath of office 
 the said board shall proceed to open and publicly canvass 
 
STATE OF NORTH DAKOTA 219 
 
 the primary election returns made by the several county 
 auditors. Three members of said board shall constitute a 
 quorum and are authorized to make the canvass herein 
 provided and to certify to the result thereof. [1907, ch. 109.1 
 
 § 27. Statement by state board ] The state board 
 of canvassers shall make and prepare a statement, the 
 same to be signed by said board and filed in the ofiice of 
 the secretary of state as provided in subdivisions 1, 2 and 
 3 of section 23 of this act. It shall be the duty of the secre- 
 tary of state upon the completion of the canvass to mail to 
 each candidate so nominated a notice of such fact, and that 
 his name will be put upon the othcial ballot to be voted for 
 at the ensuing general election, except as otherwise pro- 
 vided. He shall cause a copy of findings of the said board 
 to be filed in his office and published in a newspaper print- 
 ed at the seat of government. [1907, ch. 109.] 
 
 § 28. Official ballot, names placed thereon.] The 
 secretary of state shall place the names of all the candi- 
 dates of each political party or principle, who are shown to 
 have been nominated for the respective offices in accord- 
 ance with the certificates of nomination received from the 
 several county auditors of this state on the official ballot to 
 be voted for at the general election following. [1907, ch. 
 J 09." 
 
 I 
 
 Vacancies, how filled.] When there is but 
 one aspirant and a vacancy occurs by death or resignation 
 of such aspirant for nomination before the primary election 
 and ballots are printed in legislative districts containing 
 more than one county, the chairman of the party in which 
 such vacancy occurs, of each county committee of the coun- 
 ties of which such district is composed and the members of 
 the state central committee from that legislative district 
 shall meet and by a majority vote of such shall fill such 
 vacancy and by a certificate of nomination notify the 
 county auditors of the several counties of which such dis- 
 trict is composed, and the auditors of such counties shall 
 place the name on the primary election ballot where the 
 vacancy exists. Should a vacancy occur in a legislative of- 
 fice in a county compds^d of more than one district, or in a 
 commissioner's district, then the county central committee 
 of the party in which such vacancy occurs shall meet and 
 fill such vacancy. On receipt of a certificate of nomination 
 from said committee, the county auditor shall place the 
 name of such nominee upon the primary election ballot 
 where such vacancy exists. [1907, ch. 109.] 
 
220 ELECTION LAWS 
 
 § 30. Errors, how corrected.] Whenever it shall be 
 made to appear by af!idavit to the supreme court or to the 
 district court of the proper county that an error or omissio i 
 has occurred, or is about to occur in the placing of any 
 name on an official primary election ballot; that any error 
 has been or is about to be committed in printing such bal- 
 lot, or that any wrongful act has been or is about to be 
 done by any judge or clerk of a primary election, county 
 auditor, canvassing board, member thereof, or other per- 
 son charged with any duty concerning the primary election, 
 or that any neglect of duty has occurred or is about to 
 occur, such judge shall order the officer or person charged 
 with such error, wrong or neglect, to forthwith correct the 
 error, desist from the wrongful act, or perform the duty, 
 or show cause at a time and place to be fixed by the court 
 why he should not do so. Failure to obey the order of sucJi 
 judge shall be contempt of court. [1907, ch. 109.] 
 
 § 31. Nominations, how contested. Appeal.] An^^ 
 candidate at a primary election desiring to contest the 
 nomination of another candidate or candidates for the 
 same office, may proceed by affidavit within ten days after 
 the completion of the canvass. In case the contestant set 
 forth in his affidavit, upon information and belief, that the 
 ballots in any precinct have not been correctly counted, 
 and that he has been prejudiced thereby, the judge shall 
 make an order requiring the custodian of such ballots to 
 appear before him at such time and place, and abide the 
 further order of the court. At the time and place stated, 
 the ballot boxes shall be opened and the ballots recounted 
 in the presence of the court. If it should be found that a 
 mistake has been made in counting such ballots, then the 
 contestant shall be permitted upon application to amend 
 his affidavit of contest by including such additional facts 
 therein. 
 
 All testimony and depositions taken in contests brought 
 under the provisions of this article shall be taken in the 
 same manner as in civil actions and depositions may be 
 taken in more than one place at the same time on leave of 
 the court, and all matters relating to such contests shall be 
 heard and tried as nearly as may be as civil actions are 
 tried, except as otherwise provided herein. The court shall 
 make its findings of fact and conclusion of law. Appeals 
 from final judgment and decisions of such contests may be 
 taken without making a motion for a new trial in the dis- 
 trict court in the manner provided for in the code of civil 
 procedure, except that the undertaking on appeal shall be 
 in a sum to be fixed by the judge, not less than five hundred 
 
STATE OF NORTH DAKOTA 221 
 
 dollars, and shall be approved by the judge and by the 
 clerk of the district court of the proper county or subdi- 
 vision under the directions of the judge. 
 
 Appeals to the supreme court under the provisions of 
 this article must be taken within ten days after notice of 
 entry of final judgment and the party appealing must im- 
 mediately procure the trnsmission of the record on such 
 appeal to the clerk of the supreme court and such appeal 
 may be brought on for a hearing before the supreme court 
 at any time such court shall be in session, upon five dayti 
 notice from either party; and the same shall be heard, and 
 determined in a summary manner, except as otherw^ise 
 provided in this article. The provisions of the code of civil 
 procedure are applicable to and constitute the rules of 
 practice in the proceedings mentioned in this article and 
 the provisions of the civil code of procedure relative to ap- 
 peals in civil actions, except in so far as they are inconsist- 
 ent herewith, applv to the proceedings mentioned in this 
 article. [1907, ch. 109.] 
 
 § 32. Present election statutes apply.] The pro- 
 visions of the statute now in force in relation to the holding 
 of elections, the solicitation of votes, the manner of con- 
 ducting elections, of counting ballots and making retura 
 thereof, and all other kindred subjects shall apply to all 
 primaries in so far as they are consistent with this act; the 
 intent of this act being to place the primary election under 
 the regulation and protection of the laws now in force as to 
 election. [1907, ch. 109.] 
 
 § 33. Tie vote, determined how.] In case of a tic 
 vote the same, shall be determined by the canvassing board 
 or boards concerned, at a time and place fixed by them in 
 such manner as they may designate in the presence of the 
 candidates, upon at least five days notice to such candi- 
 dates. [1907, ch. 109.] 
 
 § 34. Not repealed.] Nothing herein contained shall 
 be construed as repealing or being in conflict with section 
 501 of the revised codes of 1905. [1907, ch. 109.] 
 
 § 35. Fees paid county.] All fees paid to the secre- 
 tary of state by candidates for the legislative assembly 
 shall be paid by the secretary of state forthwith to the vari- 
 ous county auditors in the state where such candidates re- 
 side and in case any legislative district is composed of 
 more than one county such fee shall be paid to such coun- 
 ties in equal proportions, which fees are to be turned into 
 the general fund of said county by the auditor. [1907, ch. 
 109.] ^ 
 
 i 
 
222 ELECTION LAWS 
 
 § 36. Act valid.] In case any of the provisions of 
 this act should be declared unconstitutional, that shall not 
 affect the validity of any of the other provisions of this act. 
 [1907, ch. 109.] 
 
 § 37. Penal code applicable.] All of the provisions 
 of chapter 5 of the penal code in so far as the same relates 
 to crimes against the elective franchise, are hereby made 
 applicable to elections held pursuant to the provisions of 
 this act. [1907, ch. 109.] 
 
 § 38. Present committees continue.] Every state, 
 county, district and city committee of each political party 
 now eligible under the provisions of this act shall remain 
 the regularly constituted committee of the respective par- 
 ties until succeeded as provided for in this act. ]1907, ch. 
 109.] 
 
 § 39. Precinct committeemen. How elected.] At the pri- 
 mary each voter may write in the space left on his ticket for 
 that purpose the name of one qualified elector who is a mem- 
 ber of his own party and a resident of his precinct, and the 
 one receiving the highest number of votes shall be the pre- 
 cinct committeeman. The official returns made by the elec- 
 tion board from each precinct shall show the name and ad- 
 dress of such precinct committeeman thus chosen by each 
 party. Upon the canvass of the returns the countj^ auditor 
 shall immediately notify in writing each precinct committee- 
 man so selected, together with those provided for in section 
 40 of this act, of their selection and the date of the meeting 
 of the county central committee. [1911, ch. 211.] 
 
 § 40. County and state committee. How selected. Time 
 AND PLACE OF MEETING.] The county Committee of each party 
 shall be composed of all the precinct committeemen of 
 each party in addition to committeemen chosen at large by 
 the following named county nominees of each party, select- 
 ed in the following manner, to-wit: The nominees for the 
 following county offices, namely: Clerk of court, county 
 treasurer, county auditor, register of deeds, sheriff, states 
 attorney, superintendent of schools and county judge, and 
 the legislative nominees residing in such county shall be 
 entitled to select and appoint in writing one committeeman 
 at large, which appointment shall be immediately filed with 
 the county auditor. The committeeman thus appointed, to- 
 gether with the precinct committeemen elected as pre- 
 scribed in section 39 hereof, shall constitute the county com- 
 mittee of each county, and they shall meet in the court 
 house at the county seat of each county at two o'clock P. 
 M., on the third Wednesday after each primary election 
 
STATE OF NORTH DAKOTA 223 
 
 and organize by selecting a chairman, a secretary and ^ 
 treasurer, by adopting rules and modes of procedure, and 
 by selecting an executive committee consisting of from five 
 to nine persons chosen from the county committee, of 
 which executive committee the chairman and secretarj'- 
 shall be members. Such county committee shall at the 
 same time select one person who shall be a legal voter to 
 act upon and be a member of the state central committee 
 of such party in all counties consisting of one legislative 
 district, and in counties having more than one legislative 
 district, the precinct committeemen from each legislative 
 district shall select one person from their respective legis- 
 lative district; and when two or more counties are em- 
 braced in one legislative district; and the county committee 
 of each county shall meet at the court house of the count}'^ 
 seat of the senior county of such district at two o'clock P. M., 
 on the fourth Wednesday after such primary election, and 
 select one person, who shall be a legal voter, to act upon 
 and be a member of the state central committee of such 
 party. The members so selected as state central commit- 
 teemen shall meet at the state capitol on the first Wednes- 
 day in September and organize by selecting a chairman, a 
 secretary and treasurer, and shall adopt rules and modes 
 of procedure and promulgate and publish a platform Ox' 
 principle upon which its candidates shall stand. Each 
 member of any committee shall retain such position until 
 his successor is chosen. Every member so selected shall be 
 a legal voter. Vacancies shall be filled by a majority of the 
 committee by appointment from the district in which such 
 vacancy exists. [1911, ch. 211.] 
 
 I 
 
224 ELECTION LAWS 
 
 ELECTION PRIVILEGES 
 
 § 1. Primary campaign expenses limited.] No sum of 
 money shall be paid, and no expenses authorized or incurred 
 by or on belialf of any candidate to be paid by him, except 
 sucli as he may pay to the slate for printing, as herein pro- 
 vided, in his campaign for nomination to any public office 
 or position in this state, in excess of fifteen (15) per cent of 
 a year's compensation or salary of the office for which he is 
 a candidate; provided, that no candidate shall be restricted 
 to less than two hundred ($200.00) in his campaign for such 
 nomination; provided, that the provisions of this act shall 
 not be construed to apply to the candidate's personal travel- 
 ing expenses. No sum of money shall be paid and no ex- 
 penses authorized or incurred contrary to the provisions of 
 this act, for or on behalf of any candidate for nomination. 
 [1911, ch. 129.] 
 
 § 2. Publicity pamphlet. Candidates' statements.] Any 
 candidate for nomination to any state or district office, when 
 the district is composed of one or more counties, may file 
 with the secretary of state for publication as herein provided, 
 not later than forty (40) days before the biennial primary 
 nominating election, with his portrait cut if he wishes, a 
 printed or typewritten statement, on the conditions set fc^rth, 
 over his signature, stating the reasons why he should be nom- 
 inated. Each candidate shall be allowed one (1) page of 
 printed matter, and those opposing him shall each be allowed 
 one page of space on equal terms with him, as herein pro- 
 vided. [1911, ch. 129.] 
 
 § 3. Rates.] Candidates for nomination shall pay for one 
 page of space in the publication herein provided for as fol- 
 lows: For the office of United States senator, one hundred 
 dollars; for representative in congress, one hundred dollars; 
 for justice of the supreme court, seventy-five dollars; for 
 governor, one hundred dollars; for secretary of state, one 
 hundred dollars; for state treasurer, one hundred dollars; 
 for state auditor one hundred dollars; commissioner of in- 
 surance, superintendent of public instruction, attorney 
 general and commissioner of labor, each seventy-five 
 dollars; for railroad commissioner twenty-five dol- 
 lars; for senator or representative in the legislative assembly, 
 
STATE OF NORTH DAKOTA 225 
 
 ten dollars; for district judge, fifty dollars; for county judge, 
 register of deeds, county auditor, county treasurer, state's 
 attorney, sheriff and county school superintendent, each 
 twenty-five dollars. All payments required by this section 
 shall be made to the secretary of state when the statement is 
 offered to him for filing, and be by him paid into the general 
 fund of the state treasury. Any candidate for state offices 
 may have additional space, not exceeding three pages, at the 
 rate of one hundred dollars a page, and any candidate for 
 county or legislative office may have additional space not ex- 
 ceeding two pages, at the rate of twenty-five ($25.00) dollars 
 a page. [1911, ch. 129.] 
 
 § 4. Printing statements.] Not later than thirty days 
 before the primary nominating election the secretary of state 
 shall properly complete, edit, prepare, and index for print- 
 ing all such statements and portrait cuts and cause the same 
 to be printed in pamphlet form, printing and pictures of 
 candidates with and as a part of their several statements, 
 where such portrait cuts are offered; statements of those who 
 directly oppose any candidate shall follow next after his 
 statement. All of the statements filed for and against all the 
 candidates for nomination to each office shall be printed in 
 the order in which the candidates' names are grouped under 
 the title of their offices on the official ballot at the nominating 
 election. No picture, statement or argument for or against 
 any candidate for nomination shall be included in the copy 
 of the pamphlet going to any county where such candidate is 
 not to be voted for. The said pamphlets shall be printed and 
 delivered to the secretary of state as quickly as possible and 
 the delivery shall be completed not less than twenty (20) 
 days before*^ the nominating election. [1911, ch. 129.] 
 
 § 5. Addresses of voters.] The several county auditors 
 shall obtain the post office addresses of all voters in their re- 
 spective counties w^hich shall be taken from the registration 
 lists in case of party registration, and in case no party reg- 
 istration then such addresses may be procured from the per- 
 sonal property tax books of that year and other authentic 
 source, and on or before the thirtieth (30th) day preceding 
 the nominating election, mail to the secretary of state the 
 name, post office address and party registration of every such 
 person, and at least twenty (20) days before the regular bien- 
 nial primary nominating election, the secretary of state shall 
 forward by mail to every such person a copy of the pamphlet 
 containing the names and statements herein provided for. 
 The pages of the pamphlet required by this act shall be six 
 by nine inches in size, and the printed matter therein shall be 
 set in eight point type, single leaded, and twenty-five ems 
 pica in width, with proper headings. [1911, ch. 129.] 
 
226 ELECTION LAWS 
 
 § 6. General election campaign expenses limited.] No 
 sum of money shall be paid and no expenses authorized or 
 incurred by or on behalf of any candidate who has received 
 the nomination to any public office or position in this state, 
 except such as he may contribute toward payment of his 
 political party's or independent statement in the pamphlet 
 herein provided for in excess of fifteen (15) per cent of the 
 annual salary of the office for which he is nominated; pro- 
 vided, that no candidate shall be restricted to less than two 
 hundred dollars. [1911, ch. 129.] 
 
 § 7. Itemized statements filed.] Every candidate for 
 nomination or election to public office, including the offices 
 of senators of the United States, shall within fifteen days after 
 the primary or general election at which he was a candidate, 
 file with the secretary of state, if a candidate for senator of 
 the United States, representative in congress, or for any state 
 or district office, in a district composed of one or more coun- 
 ties, but with the county auditor for legislative districts com- 
 posed of not more than one county, an itemized statement 
 setting forth in detail all the moneys contributed, expended 
 or promised by him to aid and promote his nomination or 
 election, or both, as the case may be, and for the election of 
 his party candidates, and all existing unfulfilled promises of 
 every character and all liabilities in force at the time of such 
 statement, and if no money or other valuable thing was paid 
 or promised, he shall file a statement to that effect within 
 fifteen days after the election at which he was a candidate. 
 Any candidate who shall fail to file such statement shall be 
 fined twenty-five dollars ($25.00) for every day on which he 
 was in default, unless excused by the court. [1911, ch. 129.] 
 
 § 8. Actual contributors' names.] No person shall make 
 a payment of his own money or of another person's money 
 to any other person in connection with a nomination or elec- 
 tion in any other name than that of the person who in truth 
 supplies such money; nor shall any person knowingly re- 
 ceive such payment or enter or cause the same to be entered 
 in his accounts or record in any other name than that of the 
 person by whom it was actually furnished. [1911, ch. 129.] 
 
 § 9. Pre-election promises of appointments.] No person 
 shall, in order to aid or promote his nomination or election, 
 directly or indirectly promise to appoint another person or to 
 secure or aid in securing the appointment, nomination or 
 election of another person to any public or private position or 
 employment, or to any position of honor, trust or emolument. 
 [1911, ch. 129.] 
 
 § 10. Charitable contributions by candidates. Solicita- 
 tion thereof.] No person shall demand, solicit, ask or invite 
 
§ 10. Charitable contributions by candidates or office- 
 holders, AND solicitation THEREOF.] No person shall de- 
 mand, solicit, ask or invite any payment or contribution 
 for any religious, charitable or other such cause from any 
 person who seeks to be, or has been, nominated to any of- 
 iice, and no such candidate shall make any such payment 
 or contribution, or promise or agree to make the same, if 
 it shall be demanded or asked during the time he is a can- 
 didate for nomination or election. No payment or contri- 
 bution for any purpose shall be made a condition prece- 
 dent to the putting of a name on any caucus or convention 
 ballot or nominating paper or petition, or the performance 
 of any duty imposed by law on a political committee. 
 
 Provided, however, that this Section shall not be con- 
 strued as prohibiting any candidate for office from making 
 contributions for a religious or charitable purpose to any 
 organization or purpose to which he has theretofore ordi- 
 narily or customarily contributed; and no person shall be 
 deemed prohibited at any time from contributing to any 
 church organization or association of which he is actually 
 a member. 
 
 Provided, further, this Section shall not be construed as 
 making it unlawful for a candidate for office to make con- 
 tribution to the central committees of the political party 
 with which he is affiliated, but any such contribution so 
 made shall be deemed a part of the expenditure limited 
 in Section 6 of this Act. [1913, Chap. 15.] 
 
- STATE OF NORTH DAKOTA 227 
 
 any payment or contribution for any religious, political, 
 charitable or other such cause from a person who seeks to be 
 or has been nominated or elected to any office; and no such 
 candidate or elected person shall make any such payment 
 or contribution if it shall be demanded or asked during the 
 time he is a candidate for nomination or election or an in- 
 cumbent of any office. No payment or contribution for any 
 purpose shall be made a condition precedent to the putting 
 of a name on any caucus or convention ballot or nominatin.^^ 
 paper or position, or the performance of any duty imposed 
 by law on a political committee. [1911, ch. 129.] 
 
 § 11. Campaign contributions by corporations prohibited.] 
 No corporation, trustee or officer thereof as such, shall pay or 
 contribute in order to aid, promote or prevent the nomina- 
 tion or election of any person, or in order to aid or promote 
 the interest, success or defeat of any person or any political 
 party or organization. And no person shall solicit or re- 
 ceive such payment from any corporation. [1911, ch. 129.] 
 
 § 12. Treating-] Any person or candidate who shall, 
 either by himself or by any other person, either before or 
 after election, or while such person or candidate is seeking a 
 nomination or election, directly or indirectly, give or provide, 
 or pay, wholly or in part, the expense of giving or providing 
 any drink or intoxicating liquors to or for any person for 
 the purpose or with the intent or hope to influence that per- 
 son or any other person to give or refrain from giving his 
 vote at such election to or for any candidate or political party 
 ticket or measure before the people, or on account of such 
 person or any other person having voted or refrained from 
 voting for any candidate or the candidates of any political 
 party or organization or measure before the people, or being 
 about to vote or refrain from voting at such election, shall be 
 guilty of treating. Every elector who accepts or takes any 
 such drink or intoxicating liquors shall also be guilty of 
 treating, and such acceptance shall be ground of challenge 
 to his vote and of rejecting his vote on a contest. [1911, ch. 
 129.] 
 
 § 13. Penalty.] Any person shall be guilty of corrupt 
 practice within the meaning of this act if he expends any 
 money for election purposes contrary to the provisions of 
 this statute, or if he is guilty of treating, undue influence, per- 
 sonation, or the giving or promising to give any money or 
 valuable thing to an elector with the intent to induce him to 
 vote or to refrain from voting for any candidate for public 
 office. [1911, ch. 129.] 
 
228 ELECTION LAWS 
 
 § 14. Expense of voting. Transportation prohibited.] It 
 shall be unlawful for any person to pay another for any loss 
 or damage due to attendance at the polls, or in registering or 
 for the expense of transportation to or from the polls. No 
 person shall pay for personal services to be performed on the 
 day of a caucus, primary convention or any election for any 
 purpose connected therewith, tending in any way, directly or 
 indirectly, to affect the result thereof, except for the hiring of 
 persons whose sole duty is to act as challengers and watch 
 the count of official ballots. No person shall buy, sell, give 
 or provide any political badge, button or any insignia to be 
 worn at or about the polls on the day of an election, and no 
 such political badge, button or insignia shall be worn at or 
 about the polls on any election day. [1911, ch. 129. 
 
 § 15. Political advertising labeled paid.] No publisher 
 of a newspaper or other periodical shall insert either in its 
 advertising or reading columns or any paid matter w^hich is 
 designed or tends to aid, injure or defeat any candidate or 
 political party or organization or measure before the people, 
 unless it is stated therein that it is a paid advertisement. No 
 person shall pay the owner, editor, publisher or agent of any 
 newspaper or other periodical to induce him to editorially 
 advocate or oppose any candidate for nomination or elec- 
 tion, and no such owner, editor, publisher or agent shall ac- 
 cept such payment. Any person who shall violate any of the 
 provisions of this section shall be punished as for a corrupt 
 practice. [1911, ch. 129.] 
 
 § 16. Electioneering on election day.] It shall be unlaw- 
 ful for any person at any place on the day of any election to 
 ask, solicit or in any manner try to induce or pursuade any 
 voter on such election day to vote or refrain from voting for 
 any candidate, or the candidates or ticket of any political 
 party or organization, or any measure submitted to the peo- 
 ple, and upon conviction thereof, he shall be punished by a 
 fine of not less than five dollars, nor more than one hundred 
 dollars for the first offense, and for the second and each sub- 
 sequent offense occurring on the same or different election 
 days he shall be punished by a fine as aforesaid, or by im- 
 prisonment in the county jail not less than five nor more than 
 thirty days, or both such fine and imprisonment. [1911, ch. 
 129.] 
 
 § 17. Failure to file statement. Name omitted from bal- 
 lot.] The name of a candidate chosen at a primary nom- 
 inating election or otherwise, shall not be printed on the offi- 
 cial ballot for the ensuing election unless there has been filed 
 by or on behalf of said candidate the statements of accounts 
 
STATE OF NORTH DAKOTA 229 
 
 and the expenses relating to nominations required by this 
 act, but delay in making such statement beyond the time pre- 
 scribed shall not preclude its acceptance or prevent the in- 
 sertion of the name on the ballot, if there is a reasonable time 
 therefor after the receipt of such statements. [1911, ch. 129.1 
 
 § 18. Candidacy bona fide-] It shall be unlawful for any 
 person to accept, receive or refrain from becoming a candi- 
 date for nomination or election, or by himself or in com- 
 bination with any other person or persons to become a candi- 
 date for the purpose of defeating the nomination or election 
 of any person and not with a bona fide intent to obtain the 
 office. [1911, ch. 129.] 
 
 § 19. Corrupt practice. Forfeiture of office or nomina- 
 tion.] If upon the trial of any action or proceeding under 
 the proivsions of this act for the contesting of the right of any 
 person declared to be nominated to any office or elected to 
 any office, or to annul or set aside such election, or to remove 
 any person from his office, it shall appear that such person 
 was guilty of any corrupt practice, illegal act, or undue in- 
 fluence in or about such nomination or election, he shall be 
 punished by being deprived of the nomination or office as 
 the case may be, and the vacancy therein shall be filled in 
 the manner provided by law. [1911, ch. 129.] 
 
 § 20. Contest commencement.] Any action to contest the 
 right of any person declared elected to any office, or to annul 
 and set aside such election, or to remove from or deprive any 
 person of an office of which he is the incumbent for any 
 offense mentioned in this act must, unless a different time be 
 stated, be commenced within forty (40) days after the return 
 of the election at which such offense was committed, unless 
 the ground of the action or the proceeding is for illegal pay- 
 ment of money or other valuable things subsequent to the 
 filing of the statements prescribed by this act, in which case 
 the action or the proceedings may be commenced within 
 forty (40) days after the discovery of the complainant of such 
 illegal payment. [1911, ch. 129.] 
 
 §21. General PENALTY.] Whoever violates any provision 
 of this act, the punishment of which is not specifically pro- 
 vided by law, shall on conviction thereof be punished by im- 
 prisonment in the county jail for not more than six months, 
 or by a fine of not more than one thousand dollars, or by 
 both such fine and imprisonment. [1911, ch. 129.] 
 
230 ELECTION LAWS 
 
 NON-PARTISAN JUDICIARY ACT. 
 
 § 1. In all petitions and affidavits to be filed by 
 or in behalf of candidates for nomination at the primary 
 election to the office of judge of the supreme or district 
 court, no reference shall be made to a party ballot or to the 
 party affiliation of such candidate. [1909 ch. 82.] 
 
 § 2. All primary elections at which candidates for 
 judge of the supreme or district court are to be nominated, 
 there shall be separate ballots upon which shall be placed 
 the names of the candidates for such offices, which balloL 
 shall be entitled to "judiciary ballot," and the names of 
 such candidates shall be placed thereon witliout party des- 
 ignation, and there shall be designated thereon the num- 
 ber of judges each elector is entitled to vote for. This 
 ballot shall be delivered to each elector by the proper elei- 
 tion officer, and the candidate on such "judiciary ballot" 
 receiving the highest number of votes to the extent of dou- 
 ble the number of those to be elected, provided there are 
 that many or more candidates running for such office or 
 offices, shall be duly nominated. [1909, ch. 82.] 
 
 § 3. At the general election there shall be a separate 
 ballot, upon which shall be placed the names of the candi- 
 dates for judge of the supreme court and judge of the dis- 
 trict court, who have been noininated as herein provided, 
 which ballot shall be entitled the "judiciary ballot," and 
 the names of all candidates shall be placed thereon with- 
 out party designation, and there shall be designated there- 
 on the number of judges each elector is entitled to vote for. 
 This ballot shall be delivered to each elector, and the can- 
 didates on such "judicial ballot" receiving the highest num- 
 ber of votes to the number of those to be elected shall be 
 duly elected. [1909, ch. 82.] 
 
STATE OF NORTH DAKOTA 231 
 
 NON-PARTISAN SCHOOL OFFICERS. 
 
 § 1. No PARTY BALLOTS.] In all petitions and affidavits 
 to be filed by or in behalf of any candidate for nomi- 
 nation at any primary election to the offices of state super- 
 intendent of public instruction and county superintendent 
 of schools, no reference shall be made to any party ballot 
 or to the party affiliation of such candidate. [1913, ch. 153.] 
 
 § 2. Separate ballots for school nominations.] At 
 all primary elections at which candidates for the offices 
 herein referred to are to be nominated, there shall be sep- 
 arate ballots which ballots shall be entitled, "Non-partisan 
 school ballot," and the names of such candidates shall be 
 placed thereon without party designation, and there shall 
 be designated thereon the number of persons to be elected 
 to each office. Except as herein provided, this, ballot shall 
 be prepared, printed, distributed, canvassed and returned 
 in the manner now provided by law for primary election 
 ballots, and shall be delivered to each elector by the proper 
 election officers and, where there are three or more candi- 
 dates for the same office, the two candidates receiving the 
 highest number of votes for such office shall be duly nomi- 
 nated thereto, and where there are only two candidates for 
 the same office, both candidates shall be duly nominated 
 thereto. [1913, ch. 153.] 
 
 § 3. Ballots at general election.] At the general 
 election there shall be a separate ballot upon which shall 
 be placed the names of all candidates who have been nomi- 
 nated as herein provided, which ballot shall be entitled 
 "School Ballot" and the names of all such candidates shall 
 be placed thereon without party designation, and there 
 shall be designated thereon the number of candidates for 
 each office for whom each elector is entitled to vote. Ex- 
 cept as hereinafter provided, this ballot shall be prepared, 
 printed, distributed, canvassed and returned in the manner 
 now provided by law for general election balolts. This 
 ballot shall be, delivered to each elector, and the candidates 
 for each office on such "Non-partisan school ballot" receiv- 
 ing the highest number of votes shall be duly elected to 
 such office. [1913, ch. 153.] 
 
232 ELECTION LAWS 
 
 RATES FOR POLITICAL ANNOUNCEMENTS 
 
 § 1. Rates for political announcements.] No news- 
 paper in this state shall charge for the publication of politi- 
 cal announcements of candidates before any primary or 
 election, any more than the legal rates for the publication 
 of legal notices. 
 
 All paid political matter and political announcements shall 
 be labeled "Political Advertisement." 
 
 Any person violating any provision of this act shall be 
 deemed guilty of a misdemeanor. [1911, ch. 210.] 
 
STATE OF NORTH DAKOTA 233 
 
 PRIMARY ELECTION OF NATIONAL DELEGATES. 
 
 § 1. In the presidential election years, the quali- 
 fied electors of the political parties subject to this law shall 
 have opportunity to vote for their preference, on ballots 
 provided for that purpose, for their choice among thos ) 
 aspiring to be candidates of their respective parties for 
 president and vice president of the United States, shall have 
 their party delegates to their national conventions, theii* 
 presidential electors, and shall nominate and recommend 
 their choice for national committeemen. The names of the 
 aspirants in each such party for election for the oflice of 
 president, for office of vice president of the United State*i, 
 for national committeeman, for delegates to their national 
 conventions, and for presidential electors, snail be printe i 
 on the party nominating ballot, provided for that purpose, 
 and the ballot shall be marked and the votes shall be count 
 ed, canvassed and returned under the same conditions as 
 to names, petitions and other matters so far as the same 
 are applicable, as the names and petitions of party aspir- 
 ants for the party nominations for the oflice of governor 
 and of the United States senator in congress are, or may be 
 by law required to be marked, filed, counted, canvassed 
 and returned; provided, that aspirants for such presiden- 
 tial nominations need not file any personal petition nor 
 signature; that certificates of the number of votes received 
 by each such candidate shall be issued to the delegates who 
 are elected for said party to the party national convention: 
 that petitions to place on the nomination ballot the names 
 and aspirants for such office or delegate to said national 
 convention, presidential elector and national committee- 
 men to be chosen and elected, as provided herein, shall bo 
 sufficient if they contain a number equal to one per cent of 
 the party vote in the state at the next preceding election 
 for representatives in congress, or not less than five hun- 
 dred signatures of party voters. Every qualified voter shall 
 have the right to vote for as many candidates for national 
 delegates for his party and for the election of as many can- 
 didates for presidential electors as there are delegates and 
 electors to be elected respectively, and each elector shall 
 have a right to vote for one candidate to his party for na- 
 
234 ELECTION LAWS 
 
 tional committeeman. A number of such candidates equal 
 to the number of delegates to be elected and the number of 
 presidential electors to be elected and the candidate for na- 
 tional committeeman, receiving, respectively, each for him- 
 self, the highest number of votes for such office or nomina- 
 tion, shall be declared elected. [1911, ch. 208.] 
 
 § 2. On the eighth day after the election provided for 
 herein, the county canvassing board shall meet as provided 
 in section 582 of the revised codes of 1905, and shall can- 
 vass the returns in the manner now provided by law. The 
 powers and duties of the board shall be the same in so far 
 as applicable, as now are prescribed by law fo^ canvassing 
 the returns of other elections. [1911, ch. 208.] 
 
 Sec. 3. For the purpose of ascertaining the results of 
 the election provided for in this act, the state canvassing 
 board shall meet at the office of the secretary of state on 
 the first Tuesday in May after such election and the secre- 
 tary of state shall notify the other members of the board of 
 canvassers of such meeting. [1911, ch. 208.] 
 
 § 4. All persons desiring to be candidates for dele- 
 gates to the national convention of their party and all per- 
 sons desiring to be candidates for presidential electors and 
 for national committeemen of their party shall, not later 
 than the first day in March of each year, when a presiden- 
 tial election will take place, file with the secretary of stat? 
 their petitions, as provided herein. [1911, ch. 208.] 
 
 § 5. It shall be the duty of the secretary of state im- 
 mediately after the first day in March of each year in whicli 
 a presidential election will take place, to prepare and print 
 ballots, at the expense of the state, with the names of all 
 candidates of each party for the offices named in this act. 
 In printing such ballots the secretary of state shall be guid- 
 ed by the provisions of law now in force relating to the pre- 
 paration and printing of ballots for general elections. The 
 provisions of the general election law applicable relating to 
 the distinction of ballots, posting of sample ballots and of 
 notices of the election shall apply to the distribution of bal- 
 lots, posting of sample ballots and of notices of the election 
 herein provided for, except as otherwise required herein. 
 The secretary of state shall distribute the ballots among the 
 county auditors, who in turn must deliver the same to the 
 inspectors of election in the voting precincts of their re- 
 spective counties. Notices of the election provided for here- 
 in shall be given in the manner prescribed by law for giv- 
 ing notices of city, village and township elections in such 
 cities, villages and townships and in any other precincts, 
 
STATE OF NORTH DAKOTA 235 
 
 notice of the election shall be given as now provided by law 
 for general elections. [1911, ch. 208.] 
 
 § 6. On the third Tuesday of March of every fourth 
 year, when a presidential election is to be held, the mem- 
 bers of the respective political parties shall express their 
 choice for the election of the persons and officers named in 
 this act, and whose names appear upon the ballot accord- 
 ing to the provisions herein. Each elector shall be handed 
 the ballot of the party with which he declares himself affili- 
 ated, or with which he may have registered at the last pre- 
 ceding registration or election, and such elector shall mark 
 and vote the same in the manner provided herein. The 
 polls shall be open during the same hours as at general elec- 
 tions herein provided for, in all cities, villages and civil 
 townships the regular election officers thereof shall also act 
 without further compensation as the election officers, and 
 in unorganized townships and voting precincts outside of 
 cities, villages and civil townships, the inspector and two 
 judges of electon, who acted as such at the last general 
 election, or those who have been or may be appointed to fill 
 such vacancies occurring in their offices, pursuant to law, 
 shall act therein as the inspector and judges of election. In 
 all matters not herein expressly otherwise provided for the 
 provisions of any election law of this state, applicable to 
 the case, shall govern. In every fourth year, when a presi- 
 dential election is held, the time of all city elections shall 
 take place on the third Tuesday in March, so as to conform 
 to the provisions of this act, and in such event the city offi- 
 cers elected to office shall have until the second Tuesday in 
 April in which to qualify for such office. [1911 ch. 208.] 
 
 § 7. Every delegate to a national convention of a po- 
 litical party recognized as such organization by the laws of 
 North Dakota, shall receive from the state treasurer the 
 amount of his actual necessary traveling expenses, as his 
 account may be audited and allowed by the secretary of 
 state or state auditor, for actual attendance upon said con- 
 vention, but not in any case to exceed $200.00 for one dele- 
 gate. The election of such national delegates for political 
 parties are not subject to the direct primary law shall be 
 certified in like manner as nominations of candidates of 
 such parties for election to public office. Every such dele- 
 gate to a national convention which nominated candidates 
 for president and vice president shall subscribe an oath of 
 office that he will uphold the constitution and the laws of 
 the United States and North Dakota, and that he will, as 
 such officer and delegate, to the best of his judgment and 
 abilty, faithfully carry out the wishes of his political party 
 as expressed by the voters at said election. [1911, ch. 208.1 
 
236 ELECTION LAWS 
 
 PUBLICATION OF CANDIDATES' NAMES BEFORE PRI- 
 MARY ELECTION. 
 
 Section 1. Certified lists of nominees.] At least 
 twenty-five days before any primary preceding a general 
 election, the secretary of state shall transmit to each county 
 auditor a certified list containing the names and post office 
 addresses of each person for whom nomination papers 
 have been filed in his office and entitled to be voted for at 
 such primary, together with a designation of the office for 
 which he is a candidate, and the party or principle he rep- 
 resents. [1911, ch. 209.] 
 
 § 2. Publication of notices.] The auditor to whom 
 such list is delivered shaU forthwith upon the receipt there- 
 of, publish under the proper party designation the title of 
 each office, the names and addresses of all persons for 
 whom nomination papers have been filed, both in his office 
 and in the office of the secretary of state, giving the names 
 and addresses of each, the date of the primary, the hours 
 during which the polls will be opened, and that the primary 
 will be held in the regular polling place in each precinct. 
 It shall be the duty of such auditor to publish said notice 
 once each week for at least two consecutive weeks prior to 
 said primary in each official newspaper in the county. 
 [1911, ch. 209.] 
 
 § 3. Posting of notices.] Such auditor shall also 
 forthwith mail copies of such notices to each township and 
 village clerk and inspector of elections in unorganized town- 
 ships, and to each city auditor of his county, who shall im- 
 mediately post copies of the same in at least three public 
 places in each precinct in his town, city or village, designat- 
 ing therein the location of the polling places in each elec- 
 tion precinct. [1911, ch. 209.] 
 
STATE OF NORTH DAKOTA 237 
 
 CORRUPT PRACTICES ACT 
 
 § 1. Contributions for political purposes prohibited. 
 Penalty.] No corporation doing business in this state shall, 
 directly or indirectly, pay or use, or offer, consent or agree 
 to pay or use any money, property, or anything of value for 
 or in aid of any political party, committee or organization 
 or for or in aid of any corporation or assocalion organized 
 or maintained for political purposes, or for or in aid of any 
 candidate for political office, or for the nomination of such 
 officer or for any political purpose whatsoever, or for the 
 reimbursement or indemnification of any person for money 
 or property so used or for the purpose of influencing legisla- 
 tion of any kind. Any officer, director, stockholder, attorney, 
 agent or representative of any corporation or association 
 which violates any of the provisions of this act, who partici- 
 pates in, aids, abets or advises or consents to any such viola- 
 tion, and any person who solicits or knowingly receives any 
 money or property in violation of this act, shall upon con- 
 viction thereof be punished by imprisonment in the state 
 penitentiary for not more than one year, or a fine of not less 
 than two hundred dollars nor more than five thousand dol- 
 lars or both such fine and imprisonment, and any officer aid- 
 ing or abetting in any contribution made in violation of this 
 act, shall be liable to the company or association for the 
 amount so contributed. [1907, ch. 58.] 
 
 § 2. No person excused from testifying.] No person shall 
 be excused froin attending and testifying or producing any 
 books, papers or other documents before any court or magis- 
 trate upon any investigation, proceeding or trial for a viola- 
 tion of any of the provisions of this act, upon the ground or 
 for the reason that the testimony or evidence, documentary 
 or otherwise, required of him may tend to incriminate or de- 
 grade him; but no person shall be prosecuted or subject to 
 any penalty of foreifture for or on account of any transac- 
 tion, matter or thing concerning which he may so testify or 
 produce evidence, documentary or otherwise, and no testi- 
 mony so given or produced shall be used against him upon 
 any criminal investigation or proceedings. ]1907, ch. 58.] 
 
238 ELECTION LAWS 
 
 § 3. Corporation responsible for acts of officer or 
 AGENT.] The violation of this act by any ofhcer, employee, 
 agent, attorney or other representative of a corporation shall 
 be prima facie evidence of said violation by such corpora- 
 tion. [1907, ch. 58.] 
 
 § 4. Punishment for advising violation of act.] Any 
 person or persons who shall aid, abet or advise a violation of 
 the provisions of this act shall, upon conviction thereof, be 
 punished as provided for in section one of this act. [1907, 
 ch. 58.] 
 
 § 5. Prosecution, where brought.] Violations of this act 
 may be prosecuted in the county where such payment or 
 contribution is made, or in any county wherein such money 
 or property has been paid or distributed. [1907, ch. 58.] 
 
STATE OF NORTH DAKOTA 239 
 
 REMOVAL OF OFFICERS 
 
 § 1. The governor may remove from office any county 
 commissioner, clerk of the district court, county judge, sher- 
 iff, coroner, county auditor, register of deeds, state's attor- 
 ney, county treasurer, superintendent of schools, county com- 
 missioners, surveyor, public administrator, mayor, chief of 
 police, deputy sheriff or other police officer, or any custodian 
 of public moneys, except the state treasurer, whenever it 
 appears to him by competent evidence and after a hearing 
 as hereinafter provided that such officer has been guilty of 
 misconduct, malfeasance, crime in office, or for habitual 
 drunkenness or gross incompetency. [1913, ch. 132.] 
 
 § 2. The complaint or charges against any such official 
 authorized to be removed by the governor shall be entitled 
 in the name of the State of North Dakota, and shall be filed 
 with the governor. It may be made on the relation of any 
 five qualified electors of the county in which the person 
 charged is an officer or the state's attorney of such county, 
 and such complaint or charges shall be filed by the attorney 
 general when directed so to do by the governor. When the 
 officer sought to be removed is one other than the state's 
 attorney, it shall be the duty of the state's attorney to appear 
 and prosecute and when proceedings are brought to remove 
 the state's attorney, the governor shall request the attorney 
 general or some other competent attorney to appear on be- 
 half of the state and prosecute such proceedings. [1913 ch. 
 132.] 
 
 § 3. The complaint or charges shall state the charges 
 against the accused, and unless filed by the state's attorney 
 or attorney general shall be verified, and may be amended 
 as in ordinary actions; provided, that if such amendment 
 of the complaint or charges include any new or additional 
 charge, then a reasonable time should be allowed the accus- 
 ed to prepare his defense thereto. [1913, ch. 132.] 
 
 § 4. Whenever charges are made against any such officer, 
 the governor shall appoint a special commissioner to take 
 and report the testimony for and against the accused, to be 
 used on the hearing. Such testimony shall be reduced to 
 
240 ELECTION LAWS 
 
 writing and each witness shall subscribe his name to his 
 testimony, when same is so reduced, and the governor in his 
 discretion may, if in his judgment the best interests of the 
 state shall require it to be done, by written order to be de- 
 livered to such officer suspend such accused officer from the 
 performance of duty during the pendency of the hearing. If 
 the governor shall so suspend the accused, he shall imme- 
 diately notify the board or persons authorized to fill a va- 
 cancy in such office, and thereupon such board or person 
 shall, within five days after receipt of such notice, appoint 
 some competent person to fill such office and perform the 
 duties thereof ad interim. [1913, ch. 132.] 
 
 § 5. Upon the filing of any such complaint or charges the 
 governor shall, wyiiin ten days, cause a copy thereof to be 
 made and served upon the accused, together with a notice 
 of the time and place of taking testimony and the name of 
 the special commissioner before whom such testimony will 
 be taken, and the date fixed for the taking of such testimony 
 shall not be more than twenty days from the service of the 
 copy of charges against the accused. [1913, ch. 132.] 
 
 § 6. Whenever testimony has been taken upon charges 
 filed against any officer, as hereinbefore provided, it shall 
 be the duty of the special commissioner to forthwith report 
 all such testimony to the governor and file the same in his 
 office, and thereupon the governor shall fix a time and place 
 for hearing on a day not more than ten days from the date 
 of the filing of the commissioner's report, and not less than 
 five days from the date of the service of notice of such hear- 
 ing upon the accused at which hearing the accused shall be 
 entitled to be heard in person or by attorney. If upon the 
 hearing the charges are sustained, the governor shall forth- 
 with make the order in writing, removing such officer from 
 his office and cause a copy of such order to be delivered to 
 the accused and one copy to be delivered to the board of 
 persons having authority to fill a vacancy in such office, and 
 thereupon such board or person shall, within five days there- 
 after, appoint some competent person to fill such office and 
 perform the duties thereof, unless the accused had, prior to 
 the final hearing, been suspended as hereinabove provided, 
 and an ad interim appointment made. In such case the 
 person appointed to such office ad interim shall continue 
 until the expiration of the term for which the accused had 
 been elected or appointed; provided, however, that in all 
 cases where the accused person so removed deems himself 
 aggrieved thereby, he shall be entitled to appeal from the 
 decision of removal so made by the governor to any district 
 court in this state upon filing a notice of appeal therefrom in 
 
STATE OF NORTH DAKOTA 241 
 
 the office of the secretary of state within fifteen days after 
 the date thereof. Such notice to set forth the grounds of 
 appeal and thereupon such accused person shall be entitled 
 to a trial de novo in such court as now provided by law; 
 provided, that such trial be not held in the county wherein 
 the accused resides. [1913, ch. 132.] 
 
 § 7. The fees of the special commissioner herein provided 
 for shall be the same as allowed by law to referees, and wit- 
 nesses giving testimony for the prosecution before such com- 
 missioner shall be allowed the same fee as witnesses in dis- 
 trict court. In cases of removal of a county officer, such fees 
 shall be paid by the county upon allowance by the county 
 board in the same manner as other claims against the county, 
 and if a municipal or township officer, then by the city coun- 
 cil, commission or township board, in the same manner as 
 other claims against such municipality. If in such proceed- 
 ings the commissioner shall authorize the taking of the testi- 
 mony by a shorthand reporter, the fees of such reporter shall 
 be the same as allowed the district court reporter, for like 
 services, and such fees shall be allowed in the same manner 
 as the fees of the commissioner and witnesses. [1913, ch. 
 132] 
 
 § 8. When a special ccommissioner shall have ])cen ap- 
 pointed as herein provided for, such commissioner shall 
 forthwith take an oath and file same with the governor that 
 he will impartially and to the best of his knowledge and 
 ability, without fear, favor or prejudice cause to be taken 
 all the testimony and evidence offered at the hearing for ond 
 on behalf of the prosecution and accused, together with all 
 papers and other exhibits offered by either party, carefully 
 preserve the same; that he will cause all of the oral testi- 
 mony offered at the hearing to be correctly and fully tran- 
 scribed, and as speedily as may be after the hearing attest 
 the same as a full, true and complete record of all the evi- 
 dence and testimony, including all exhibits offered at said 
 hearing by either party, and cause, same to be filed with the 
 governor. Upon having taken and filed such oath the com- 
 missioner shall have authority to issue subpoenas for per- 
 sons and subpoenas duces tecum, and administer oaths to 
 witnesses, the same as now conferred upon justices of the 
 peace, and such subpoenas may be directed to any sheriff, 
 constable, chief of police or city marshal, who shall imme- 
 diately serve the same, and such officer shall be entitled for 
 his services in serving the same to the same fees as are now 
 allowed to constables for serving subpoenas in civil cases in 
 justice court, and such fees when served for the prosecution, 
 shall be paid in the same manner as herein provided for wit- 
 
242 ELECTION LAWS 
 
 ness fees for the prosecution, and commissioner fees; when 
 served for the accused the accused shall be liable therefor to 
 the officer serving the same. Provided, that such officer may 
 demand of the accused his fees in advance for serving any 
 subpoena for which the accused is liable, and that any wit- 
 ness subpoenaed by the accused may demand in advance 
 from the accused his mileage and one days' witness fee be- 
 fore he shall be compelled to attend the hearing for which 
 he has been subpoenaed. [1913, ch. 132.] 
 
 § 9. When charges are preferred against any of the offi- 
 cers mentioned in this act by qualified electors other than 
 the state's attorney or attorney general, as provided in Sec- 
 tion 2, and upon the hearing it should appear that such 
 charges were not reasonably sustained by the facts proven 
 at such hearing, or that such charges were not preferred in 
 good faith, then all of the costs of the proceedings under this 
 act, not exceeding in the amount of one hundred dollars, 
 may in the discretion of the governor be taxed to the per- 
 sons making such charge. [1913, ch. 132.] 
 
 § 10. If costs shall be taxed against the persons preferring 
 charges against any of the officers mentioned in this act, it 
 shall be the duty of the governor to certify such costs to 
 the state's attorney of the county affected and it shall then 
 be the duty of such state's attorney to proceed to put the 
 same into judgment and to cause such judgment to be filed 
 in the office of the clerk of district court in such county; and 
 such certificate of the governor shall be prima facie evidence 
 of the amount of costs therein stated. [1913, ch. 132.] 
 
STATE OF NORTH DAKOTA 243 
 
 ABSENT VOTERS. 
 
 § 1. Absent voter, who may vote.] Any qualified elec- 
 tor of this state having complied with the laws in regard to 
 registration, who is absent from the county of which he is 
 an elector on the day of holding any general or primary 
 election, may vote at any such election as hereinafter pro- 
 vided. [1913, ch. 155.] 
 
 § 2. Application for ballots. Made when.] At any 
 time within thirty days next preceding such election, any 
 voter expecting to be absent on the day of such election from 
 the county in which his voting precinct is situated, may 
 make application to the county auditor of such county for 
 an official absent voter ballot to be voted at such election. 
 [1913, ch. 155.] 
 
 § 3. Absent voter ballots. How printed.] For all elec- 
 tions, either general or primary, there shall be prepared 
 and printed for each precinct, official ballots to be known 
 as absent voter ballots, which tallots shall be prepared and 
 printed in the same form and shall be of the same size and 
 texture as the regular official ballots, except that they shall 
 be printed upon tinted paper of a tint different from that of 
 the sample ballots. [1913, ch. 155.] 
 
 § 4. Absent voter ballot. Form of applicant for.] Ap- 
 plication for such ballot shall be made on a blank to be fur- 
 nished by the county auditor of the county of which the ap- 
 plicant is an elector, and shall be in substantially the fol- 
 lowing form: 
 
 I, , a duly qualified elector of the towa- 
 
 ship of , of or the Village of 
 
 or of the precinct of the 
 
 ward of the city of , in the county of 
 
 ., and State of North Dakota, and to my 
 
 best knowledge and belief entitled to vote in such precinct 
 at the next election, expecting to be absent from the said 
 county on the day for holding such election, hereby make 
 application for an official absent voter ballot to be voted by 
 me at such election. 
 
 Date 
 
 (Signed) 
 
 Post Office Address 
 
244 ELECTION LAWS 
 
 Provided, that if the application be made for a primary 
 election ballot such application shall also give the name of 
 the political party with which the applicant is affiliated. 
 [1913, ch. 155.] 
 
 § 5. Application blank, how obtained.] Such applica- 
 tion blank shall upon request therefor, be sent by such 
 county auditor to any absent voter by mail, and shall be de- 
 livered to any voter upon application made personally at 
 the office of such auditor. [1913, ch. 155.] 
 
 § 6. Ballots sent how. Affidavit of voter and certifi- 
 cate.] Upon receipt of such application properly filled 
 out and duly signed, or as soon thereafter as the official 
 absent voter ballot for the precinct in which the applicant 
 resides, has been printed, the said county auditor shall send 
 to such absent voter by mail, postage prepaid, one official 
 absent voter ballot, of (or) if there be more than one such 
 absent voter ballot to be voted by an elector of such pre- 
 cinct, one of each kind, and shall enclose with such ballot 
 or ballots an envelope to be furnished by such auditor; 
 which envelope shall bear upon the front thereof the name, 
 official title and post office address of such county auditor 
 and upon the other side a printed affidavit in substantially 
 the following form: 
 
 State of ] 
 
 [ss. 
 County of J 
 
 I, , do solemnly swear that I am a resi- 
 dent of the township of , or the village of 
 
 , or of the precinct of 
 
 the ward in the city of , 
 
 residing at in said city, county of , 
 
 and State of North Dakota, and entitled to vote in such pre- 
 cinct at the next election; that I expect to be absent from 
 said county of my residence on the day of holding such 
 election and that I will have no opportunity to vote in per- 
 son on that day. 
 
 Subscribed and sworn to before me this day 
 
 of , 19. . . ; and I hereby certify that the 
 
 affiant exhibited the enclosed ballots to me unmarked, that 
 he then, in my presence and in the presence of no other 
 person, and in such manner that I could not see his vote, 
 marked such ballot, and enclosed and sealed the same in 
 this envelope. That the affiant was not solicited or ad- 
 
STATE OF NORTH DAKOTA 245 
 
 ''•ised by me to vote for or against any candidate or meas- 
 ure. 
 
 Provided, that if the ballot enclosed is to be voted at a 
 primary election, the affidavit shall state the name of the 
 political party with which the absent voter is affiliated. 
 
 Note. If such absent voter is unable to sign his name, he 
 shall make his mark (X) and the officer taking such affi- 
 davit shall sign such voter's name, and shall state the rea- 
 son for such affidavit being signed in such manner, in his 
 certificate attached to such affidavit. [1913, ch. 155.] 
 
 § 7. Manner of marking ballot.] Such absent voter 
 shall make and subscribe the said affidavit before an officer- 
 authorized by law to administer oaths and who has an offi- 
 cial seal, and such absent voter shall thereupon, in the pres- 
 ence of such officer and no other person, mark such ballot 
 or ballots, but in such manner that such officer cannot see 
 the vote, and such ballot or ballots shall thereupon, in the 
 presence of such officer, be folded by such voter so that 
 each ballot shall be separate, and so as to conceal the vote, 
 and be in the presence of such officer deposited by such 
 voter in said envelope, and the said envelope securely seal- 
 ed. Said envelope shall be mailed by such absent voter, 
 postage prepaid. [1913, ch. 155.] 
 
 § 8. Care of ballot by auditor.] Upon receipt of such 
 envelope, such county auditor shall forthwith enclose the 
 same, unopened, together with the written application of 
 such absent voter, in a larger envelope which shall be se- 
 curely sealed and endorsed with the name of the proper 
 voting precinct, the name and official title of such auditor, 
 and the words, "This envelope contains an absent voter 
 ballot and must be opened only on election days at the 
 polls while the same are open," and such auditor shall 
 thereafter safely keep the same in his office until the same 
 is delivered by him as provided in the next section. [1913, 
 ch. 155.] 
 
 § 9. Transmission of ballot to election inspector.] In 
 case such envelope is received by such auditor prior to the 
 delivery of the sealed package containing the offical ballots 
 to the inspector of elections of the precinct in which such 
 tjbsent voter resides, such ballot, envelope and application 
 sealed in such envelope shall be enclosed in such package 
 and delivered therewith to the inspector of such percinct. 
 In case the official ballots for such precinct shall have beeii 
 
246 ELECTION LAWS 
 
 delivered to such inspector of elections at the time of the 
 receipt by the auditor of such absent voter ballot, such 
 auditor shall immediately enclose such application and 
 such ballot with the envelope containing such ballot, un- 
 opened, in a larger envelope which shall be securely sealed 
 by him and endorsed on the front with the name, official 
 title, name of precinct and post office address of the inspec- 
 tor of elections of the precinct in which such absent votec 
 resides, and the words "This envelope contains an absent 
 voter ballot and must be opened only on election day at the 
 polls while the same are open," and forthwith mail the 
 same, postage prepaid, to such inspector of elections. [1913, 
 ch. 155.] 
 
 § 10. Manner of voting. Void or rejected ballots.] At 
 any time between the opening and closing of the polls on 
 such election day, the inspector or judges of election of 
 such precinct shall first open the outer envelope only, and 
 compare the signature of such voter to such application 
 with the signature to such affidavit. In case the judge find 
 the affidavit is sufficient and that the signatures correspond, 
 and that the applicant is then a duly qualified elector of 
 such precinct and has not voted at such election, they shall 
 open the absent voter envelope, in such manner as not to 
 destroy the affidavit thereon, and take out the ballot or bal- 
 lots therein contained, and without unfolding the same, or 
 permitting the same to be opened or examined, and having 
 endorsed the same in the manner that other ballots are en- 
 dorsed, deposit the same in the proper ballot box or boxe:-,, 
 showing by the records of such election such elector to have 
 voted. In case such affidavit is found to be insufficient, ov 
 that the said signatures do not correspond, or that such ap- 
 plicant is not then a duly qualified elector of such precinct, 
 such vote shall not be allowed, but without opening the ab- 
 sent voter envelope, the election inspector or a judge of 
 such election shall mark across the face thereof, "Rejected 
 as defective," or "Rejected as not an elector," as the case 
 may be. The absent voter envelope, when such absent vote 
 is voted, and the absent voter envelope with its contents, 
 unopened, when such absent vote is rejected, shall be de- 
 posited in the ballot box containing the general or party 
 ballots, as the case may be, retained and preserved in the 
 manner as now by law provided for the retention and pre 
 servation of official ballots voted at such election. [1913, ch. 
 155.] 
 
 § 11, Elector may vote before leaving county. The 
 provisions of this Act shall be construed so as to permit any 
 qualified elector of this state who is present in this (his) 
 
STATE OF NORTH DAKOTA 247 
 
 county after his official absent voter ballots of such county 
 have been printed, and who has reason to believe that hd 
 will be absent from such county on election day as befor^i 
 provided in Section 2, to vote before he leaves his count/, 
 in like manner as absent voter, and any qualified elector 
 who has marked his ballot as hereinbefore provided, who 
 shall unexpectedly return to his precinct before or on elec- 
 tion day, shall be permitted to vote in person, provided his 
 ballot has not already been deposited in the ballot box. 
 [1913, ch. 155.] 
 
 § 12. Ballots furnished auditor, when.] It shall be 
 the duty of the secretary of state, county auditor, or any 
 other otiicer by law required to prepare any general or pri- 
 mary election ballot, to prepare and have printed and de- 
 livered to the county auditor, at least fifteen days prior t3 
 the holding of such election, a sufficient number of absent 
 voter ballots provided for in Section 5, for the use of all 
 voters likely to be absent from such county on the day of 
 such election. [1913, ch. 155.] 
 
 § 13. Penalty for violation.] If any person shall will- 
 fully swear falsely to the affidavit in Section 6 provided for, 
 he shall upon conviction thereof be deemed guilty of per- 
 jury and shall be punished as in such case by law provided. 
 If the secretary of state or any county auditor or any elec- 
 tion officer shall refuse or neglect to perform any of the 
 duties prescribed by this Act, or shall violate any of the 
 provisions thereof, or if any officer taking the affidavit pro- 
 vided for in Section 6, shall make any false statements in 
 his certificate thereto attached, he shall be deemed guilty 
 of a misdemeanor and shall be punished by a fine not ex- 
 ceeding one hundred ($100.00) dollars, or by imprisonment 
 in the county jail, or by both such fine and imprisonment. 
 [1913, ch. 155.] 
 
248 ELECTION LAWS 
 
 COURT DECISIONS AFFECTING ELECTIONS 
 
 Few laws enacted by the legislature of this state have 
 been as often before the courts for judicial review as have 
 the election statutes. That is true of every state in the 
 Union. The syllabi and the excerpts from the decisions 
 handed down in the cases which are given on the pages 
 following have been selected with the idea in view that 
 they will aid the voter as well as the election official. Lead- 
 ing cases are cited in each instance. Cases from other states 
 have been included for the reason that North Dakota 
 is cpmpara lively a young state and as such, in the majority 
 of cases, looks to the court decisions of other states on ques- 
 tions of law in as much as election statutes all over the 
 country embody the same principles. 
 
STATE OF NORTH DAKOTA 249 
 
 COURT DECISIONS 
 
 How Far the Right to Vote is Absolute 
 
 In the case of Allison v. Blake, 25 L. R. A. 480, the Consti- 
 tution prescribed the qualifications of an elector in elec- 
 tions for all officers, that were or would thereafter be elect- 
 ed by the people, and it was held that the legislature could 
 not change them. This is sustained fully by all the cases on 
 the power of the legislature to prescribe qualifications. 
 
 As to the power of the legislature to prescribe qualifica- 
 tions for electors where they are not defined in the constitu- 
 tion, or where the officers to be elected are not provided for 
 in the constitution, it has been generally held tliat the legis- 
 lature has that power. See note to Coffin v. Thompson 
 (Mich.) 21 L. R. A. 662, as to right of women to vote; seo 
 also note to Wolcott v. Holcomb (Mich.) 23 L. R. A. 215, 
 acquiring residence as a voter while attending school or 
 public institution. 
 
 As Affected by Acts of Congress 
 
 Congress has the power to legislate in regard to presiden- 
 tial or congressional elections. Ex parte Yarbrough, 110 
 U. S. 651, 28 L. ed. 274; Ex parte Clarke, 100 U. S. 399, United 
 States V. Munford, 16 Fed. Rep. 223. 
 
 And in such matters if the regulations of a state should 
 conflict with those of congress, the latter must prevail, and 
 the former would be void. Ex parte Siebold, 100 U. S. 371, 
 25 L. ed. 717. 
 
 Right to Vote 
 
 The 14th Amendment to the Constitution of the United 
 States provides: "All persons born or naturalized in the 
 United States, and subject to the jurisdiction thereof, are 
 citizens of the United States, and of the state wherein they 
 reside. No. state shall make or enforce any law which shall 
 abridge the privileges and immunities of citizens of the 
 United States." And the 15th Amendment provides: "Sef> 
 tion 1. The right of citizens of the United States to vote 
 shall not be denied or abridged by the United States or by 
 any state, on account of race, color, or previous condition 
 
250 ELECTION LAWS 
 
 of servitude." In Spencer v. Board of Registration, 1 Mc- 
 Arth. 169, 29 Am. Rep. 582, the court held that these provis- 
 ions were the creation of a constitutional condition that re- 
 quired the supervention of legislative power in the exercise 
 of legislative discretion to give it effect. And further, that 
 the constituional capacity of becoming a voter was dormant 
 until made effective by legislative action. 21 L. R. A. 662. 
 
 Right is Not Absolute 
 
 The right to vote is not an absolute one. People v. Bar- 
 ber, 48 Hun. 198. It is a right or privilege arising undar 
 the constitution of the state, and not under the Constitution 
 of the United States. United States v. Anthony, 11 Blatchf. 
 200, where the defendant was prosecuted for illegal votin<^ 
 at an election for representatives for congress contrary to 
 the New York law, and found guilty. If the right belongs 
 to any particular person it is because such person is entitled 
 to it by the laws of the state where he officers to exercise it, 
 and not because of citizenship of the United States. Ibid. 
 21 L. R. A. 662. To the same effect. People v. Barber, 48 
 Hun. 198. Sufirage was not co-extensive with the citizen- 
 ship of the states at the time it was adopted, and was not 
 intended to make all citizens voters. Minor v. Happersett, 
 88 U. S. 21 Wall, 162, 22 L. ed. 627. 
 
 The 14th and 15th Amendments to the Constitution of the 
 United States do not extend to the right of women to vote. 
 Van Valkenburg v. Brown, 43 Cal. 43, 13 Am. Rep. 136. 
 
 Right to vote; elective franchise.] The right of suff- 
 rage is not a natural or civil right but a privilege conferred 
 ijpon the person by the Constitution or laws of the state. 
 Chamberlain v. Wood, 15 S. D. 216, 56 L. R. A. 187, 88 N. W. 
 109. 
 
 The constitutional right of a duly qualified elector to vote 
 is subject to legislative regulation which does not have the 
 effect of practically destroying the franchise. Miller v. 
 Schallern, 8 N. D. 395, 79 N. W. 865. 
 
 Residence for any length of time in a military reservation 
 surrendered to the United States, without other reservation 
 than the right to serve legal process in certain cases, can- 
 not give the right to any person, whether connected witn 
 the army or navy or not, to vote at an election held in the 
 county where such reservation is situated. McMahon v. 
 Polk, 10 S. D. 296, 47 L. R. A. 830, 73 N. W. 77. 
 
 When the Constitution of a state has prescribed qualifi- 
 cations for voters and defined the qualifications of an offi- 
 cer it is not competent for the legislature to add to or in any 
 way alter such qualifications, unless the power to do so U 
 
STATE OF NORTH DAKOTA 251 
 
 conferred by the Constitution itself. Johnson v. Grand 
 Forks County, 16 N. D. 363, 125 Am. St. Rep. 662, 113 N. W. 
 1071. 
 
 Qualified electors, as defined by N. D. Const. Sec. 121, are 
 male person only, possessing the other qualifications there- 
 in enumerated. Wagar v. Prindeville, 130 N. W. 224. 
 
 Women entitled to vote for school officers under the pro- 
 visions of N. D. Const. Sec. 128, constitute a class separate 
 from electors as defined in section 121 of the Constitution, 
 and only possess a limited franchise. Wagar v. Prindeville, 
 130 N. W. 224. 
 
 N. D. Rev. Codes 1905, Sec. 738 calling for the rejection 
 of unregistered or unsworn voters, is mandatory. Fitz- 
 maurice v. Willis, 127 N. W. 95. 
 
 The statutes relating to the registration of voters were 
 unchanged by N. D. Laws 1907, chap. 109, Sec. 21, which 
 provided that the list of voters at the primaries should take 
 the place of the first day's registration, but which was void 
 because not germane to the title of the act. Fitzmaurice v. 
 Willis, 127 N. W. 95. 
 
 Under N. D. Const. Sec. 129, authorizing the legislature ^o 
 pass laws regulating the conduct of elections it had power 
 to enact that no vote should be received if the voter was 
 not duly registered, or did not furnish an affidavit in lieu of 
 the proper registration, such act being designed to prevent 
 fraud. Fitzmaurice v. Willis, 127 N. W. 95. 
 
 The provisions of the registration law as contained in N. 
 D. Rev. Codes 1905, Sees. 732-736, do not require women to 
 register or to furnish an affidavit, as required of electors 
 who are not registered, to entitle them to vote for school 
 officers. Wagar v. Prindeville, 130 N. W. 224. 
 
 Courts; injunction.] The supreme court will not, in the 
 exercise of its original jurisdiction, issue an injunction re- 
 straining the inspectors of election from holding an election 
 in election precincts as created by the county commission- 
 ers, on the ground that such precincts have been illegall^^ 
 created and do not conform to the statute, where such ille- 
 gality amounts to a mere irregularity and will not vitiate 
 the election to be held therein. State ex. rel. Byrne v. Wil- 
 cox 11 (N. D. 329; 91 N. W. 955. 
 
 Injunction, taxpayer's right of action.] The additional 
 burden which may result to a taxpayer from the submission 
 of a question at a general election is too trifling, fanciful, 
 and speculative to constitue the basis of an injunction 
 against submitting the question. State ex rel. Cranmer v. 
 Thorson, 9 S. D. 149, 33 L. R. A. 582, 68 N. W. 202. (Cited 
 with approval in dissenting opinion in Segars v. Parrot, 54 
 
252 ELECTION LAWS 
 
 S. C. 69, 30 S. E. 1005, 31 S. E. 677, 865, in support of the 
 proposition that substantial injury must threaten to war- 
 rant the issuance of an injunction against the performanc i 
 of duties imposed upon public officers by an unconstitu- 
 tional statute.) 
 
 Power of the people.] There is no inherent reserved 
 power in the people to hold an election to fill a vacancy in 
 an elective office. Such election can be lield only when and 
 as authorized by law. State ex rel. McGee v. Gardner, 3 S. 
 D. 553, 54 N. W. 606. 
 
 While it is not essential to the validity of an election that 
 every rule and detail prescribed by the election laws shall 
 have been complied with, so long as it appears that an 
 opportunity for a free and fair exercise of the elective fran- 
 chise has been offered, yet when the failure to comply with 
 such requirements tends to mislead and obstruct a full and 
 fair exercise of such franchise, such disregard of require- 
 ments cannot be passed by with impunity. Territory ex rei, 
 Higgins V. Steele, 4 Dak. 72, 23 N. W. 91. 
 
 Provisions of a statute governing the conduct of elections 
 are mandatory when the purpose of the statute would be 
 plainly defeated by a disobedience of them; but provisions 
 a violation of which will not have that effect are merely 
 directory. Perry v. Hackney, 11 N. D. 148, 90 N. W. 483. 
 
 An election is not rendered illegal and void by the fact 
 that the election precincts were illegally created. State ex 
 rel. Byrne v. Wilcox, 11 N. D. 329, 9i N. W. 955. 
 
 The ballots cast in an election precinct are not invalidated 
 by the failure of the inspectors of election to provide doors 
 or screens for the booths used at the election, pursuant lo 
 N. D. Rev. Codes, Sec. 521, requiring inspectors of election 
 to provide booths where voters may mark their ballots, 
 screened from observation, where the dereliction was free 
 from fraudulent design, and did not interfere with the sec- 
 recy of the ballot, the voter's body and the sides of the booth 
 shielding his ballot from observation while he was marking 
 it. Perry v. Hackney, 11 N. D. 148, 90 N. W. 483. 
 
 Duty of judges and canvassing board; return.] Ques- 
 tions of. the regularity of the elections, qualifications of 
 voters, eligibility of candidates, fraud in the elections, etc., 
 are exclusively for the courts in the proper pro eedings, and 
 are not matters which boards of canvassers have any au- 
 thority to hear or determine. Smith v. Lawrence, 2 S. D. 
 185, 49 N. W. 7. 
 
 A poll book, with the entries therein provided for by Dak. 
 Comp. Laws, Sec. 1467, sealed and forwarded by the judge*) 
 
STATE OF NORTH DAKOTA 253 
 
 of election to the clerk or auditor, is the only document the 
 law permits the county canvassers to examine, and it is the 
 only document that should control or govern them in their 
 actions; and they should disregard any other document 
 which may be inclosed with the poll book, although it pur- 
 ports to be signed by the judges of election and to relate to 
 their action with reference to certain votes cast at their 
 precinct. Smith v. Lawrence, 2 S. D. 185, 49 N. W. 7. 
 
 The purely ministerial duty of canvassing the official 
 statements of election returned by the various precinct offi- 
 cers, and of issuing a certificate of election to the candidate 
 who, from such statements, appears to have the greatest 
 number of votes, is imposed upon the county canvassing 
 board by N. D. Rev. Codes, Sees. 527, 547, and the board has 
 no authority to consider any other record of the votes, cr 
 the votes themselves, in determining who was elected, until 
 the validity of such official statements of election has been 
 impeached in proper judicial proceedings. State ex rel. 
 Sunderall v. McKenzie, 10 N. D. 132, 86 N. W. 231. 
 
 The "returns" of election which the county canvassing 
 board is instructed by N. D. Rev. Codes, Sec. 547, to receive 
 and consider in making its canvass, consist only of the offi- 
 cial statements of election and the poll book certified to the 
 board of the officers of the various voting precincts under 
 Sec. 526, and do not include the "tally sheets" kept by such 
 officers; nor can authority to examine the original ballots 
 be derived from Section. 526, providing for the preservation 
 of the ballot boxes intact and delivery to the board upon its 
 order. State ex rel. Sunderall v. McKenzie, 10 N. D. 132, 86 
 N. W. 231. 
 
 Tie vote.] Neither candidate for a county office is entit- 
 led to be declared elected by the canvassing board in case 
 of a tie between them until the result of such election is de- 
 termined by lot upon notice and in the manner provided by 
 N. D. Rev. Codes, Sec. 528, relating to the duty of the county 
 auditor in case of tie votes. Howser v. Pepper, 8 N. D. 48^, 
 89 N. W. 1018. 
 
 Certificate of Election 
 
 A certificate of election issued by a canvassing board up- 
 on a count of votes from tally lists returned to them with 
 the poll books of a precinct must be cancelled, when it ap- 
 pears from the official statements returned by the election 
 officers of the precinct that another candidate has been 
 elected. Eakin v. Campbell, 10 N. D. 416, 87 N. W. 991. 
 
254 ELECTION LAWS 
 
 Ballots; Marking 
 
 The requirement of N. D. Rev. Codes, Sec. 491, as amend- 
 ed by Laws 1897, chap. 76, prescribing the manner of mark- 
 ing a ballot, is peremptory and on failure to comply there 
 with the ballot must be disregarded. Howser v. Pepper, 8 
 N. D. 848, 79 N. W. 1018. (Approved in Moody v. Davis, 13 
 S. D. 92, 82 N. W. 410.) 
 
 Form and sufficiency of mark.] The voting mark upon 
 a ballot need not take the form of a cross mark, under N. 
 D. Rev. Codes, Sec. 491, as amended by Laws 1897, chap. 76, 
 but may be either a "cross or mark." Howser v. Pepper, 8 
 N. D. 484, 79 N. W. 1018. (Cited in note 47 L. R. A. 819 on 
 Marking Official Ballot.) 
 
 A cross at the head of a party ticket is not effectual for 
 any purpose unless made in the circle, under S. D. Laws 
 1893, chap. 80, Sees. 4, 6, declaring that a cross made in the 
 circle at the head of a party ticket is a vote for all the can- 
 didates on that ticket. Vallier v. Brakke, 7 S. D. 343, 64 N. 
 W. 180, Rehearing Denied in 7 S. D. 551, 64 N. W. 1119. Fol- 
 lowed without special discussion in LeClaire v. Wells, 7 S. 
 D. 428, 64 N. W. 519. Approved in Parmley v. Healy, 7 S. 
 D. 403, 64 N. W. 186, McKittrick v. Pardee, 8 S. D. 44, 65 N. 
 W. 23, Howser v. Pepper, 8 N. D. 495, 79 N. W. 1018. Same 
 Point, Parmley v. Healy, 7 S. D. 401, 64 N. W. 186. (Ap- 
 proved in McKittrick v. Pardee, 8 S. D. 44, 65 N. W. 23, 
 Church V. Walker, 10 S. D. 95, 72 N. W. 101 (holding that a 
 cross made outside the circle at the head of a party ticket 
 in addition to the cross made inside the circle renders it 
 void. Cited in note (47 L. R. A. 830, on Marking Official 
 Ballot.) 
 
 A cross mark on a ballot outside the square intended for 
 such mark is not a compliance with the demands of N. D. 
 Rev. Codes, Sec. 491, as amended by Laws 1897, chap. 76, 
 that the mark be "in the square" and the vote cannot be 
 counted. Howser v. Pepper, 8 N. D. 484, 79 N. W. 1018. 
 Cited in note 47 L. R. A. 830, on Marking Official Ballot. 
 
 Marks in two or more party circles.] Crosses in the cir- 
 cles at the head of two or more party tickets neutralize each 
 other, and must be disregarded as to all tickets so marked, 
 and the ballot treated as though no cross were made at the 
 head of any party ticket, under S. D. Laws 1893, chap. 80, 
 Sees. 4, 6, providing for a cross in only one of such circles. 
 Vallier v. Brakke, 7 S. D. 343, 64 N. W. 180, Rehearing De- 
 nied in 7 S. D. 551, 64, N. W. 1119. Followed without special 
 discussion in LeClaire v. Wells, 7 S. D. 428, 64 N. W. 519. 
 Approved in Parmley v. Healy, 7 S. D. 403, 64 N. W. 186, 
 
STATE OF NORTH DAKOTA 255 
 
 McMahon v. Polk, 10 S. D. 302, 47 L. R. A. 830, 73 N. W. 77, 
 Moody V. Davis, 13 S. D. 92, 82 N. W. 410, Perkins v. Ber- 
 trand, 192 111. 64, 61 N. E. 405 (counting for a candidate 
 agaist whose name a proper cross mark had been placed, a 
 ballot which bore cross marks at the heads of two party col- 
 umns. Same Point, Parmley v. Healy, 7 S. D. 401, 64 N. W. 
 186. Cited in note (47 L. R. A. 837) on Marking Official Bal- 
 lot. 
 
 A ballot which bears a cross after the name of each of 
 two candidates for the same office, but showing clearly an 
 attempt to erase one of the crosses, will be counted as a vote 
 in favor of the candidate the cross in front of whose name 
 bears no signs of erasure. Howser v. Pepper, 8 N. D. 484, 79 
 N. W. 1018. Cited in note (47 L. R. A. 844) on Marking Offi- 
 cial Ballot. 
 
 How AND WHEN EFFECT OF MARK IN PARTY CIRCLE LIMITED.] 
 
 The effect of a cross mark in the square at the head of a 
 party column on an election ballot to include all the candi- 
 dates of that party in his vote is nullified to the extent of 
 particular candidates of other parties for whom the voter 
 has signified his intention of voting t)y placing marks 
 against their names. Howser vs. Pepper, 8 N. D. 484, 79 N. 
 W. 1018. 
 
 A ballot on which an elector makes a cross in the circle at 
 the head of a one-party ticket, and erases no name thereon, 
 must be counted for such party ticket "throughout,' undev 
 S. D. Laws 1895, chap. 80, Sees. 4, 6, notwithstanding a cross 
 or mark opposite the name of any candidate on any othei 
 ticket. Vallier v. Brakke, 7 S. D. 343, 64 N. W. 180, Rehear- 
 ing Denied in 7 S. D. 551, 64 N. W. 1119. Followed without 
 special discussion in Le Claire v. Wells, 7 S. D. 428, 64 N. W. 
 519; Church v. Walker, 10 S. D. 94, 72 N. W. 101. Approved 
 in Parmley v. Healy, 7 S. D. 403, 64 N. W. 186. Disapproved 
 in Howser v. Pepper, 8 N. D. 496, 79 N. W. 1018. Cited in 
 note (47 L. R. A. 837) on Marking Official Ballots. Same 
 Point, Parmley v. Healy, 7 S. D. 401, 64 N. W. 186. Cited in 
 note (47 L. R. A. 837) on Marking Official Ballot. 
 
 Writing candidate's name on ballot.] A ballot which 
 contains no cross opposite a candidate's name will be count- 
 ed in his favor when it appears that his rival's name has 
 been scratched out and his own written in place thereof on 
 the proper line. Howser v. Pepper, 8 N. D. 484, 79 N. W. 
 1018. Cited in note (47 L. R. A. 841) on Marking Official Bal- 
 lot. 
 
 No cross or other mark is necessary opposite names which 
 have been written or pasted upon the official ballot opposite 
 the office to be voted for, under N. D. Rev. Codes, Sec. 491, 
 
256 ELECTION LAWS 
 
 as amended by Laws 1897, chap. 76. Howser v. Pepper, 8 
 N. D. 484, 79 N. W. 1018. 
 
 Unauthorized or identifying marks.] Unauthorized 
 marks upon a ballot do not render it invalid unless made 
 intentionally and in such way that a third person can ascer- 
 tain without other aid that the ballot was deposited by a 
 particular person. Howser v. Pepper, 8 N. D. 484, 79 N. W. 
 1018. Cited in note (47 L. R. A. 825) on Marking Official 
 Ballot. 
 
 Judges of election should presume that a marking upon 
 a ballot of a cross in pencil outside of a party circle in 
 which a cross is stamped with the official stamp was inad- 
 vertently done and count the same, unless it has been mark- 
 ed intentionally and so as to enable a third person to de- 
 termine from inspection of it, without other aid, that it was 
 deposited by a particular person. Church v. Walker, 10 S. 
 D. 450, 74 N. W. 198, Reversed on Rehearing on this Point 
 10 S. D. 90, 72 N. W. 101. Approved in Howser v. Pepper, 8 
 N. D. 498, 79 N. W. 1018. Cited in note (47 L. R. A. 826) on 
 Marking Official Ballot. 
 
 A ballot should not be thrown out because it is somewhat 
 defaced by ink blots where they do not apear to be inten- 
 tional or to have been made for the purpose of marking the 
 ballots, but to have been accidental, resulting mainly from 
 the use of poor paper for the ballots. Church v. Walker, 10 
 S. D. 90, 72 N. W. 101, Modified on Rehearing in 10 S. D. 
 450, 74 N. W. 198. Cited in note (47 L. R. A. 819) on Mark- 
 ing Official Ballot. 
 
 A cross outside a square on an election ballot, or a cross 
 in the square at the head of a party column on the ballot 
 followed by crosses opposite the name of each candidate 
 and crosses opposite the blank spaces left open for writing 
 in of names, are not identification marks per se, and in the 
 absence of evidence aliunde that they were so intended bal- 
 lots displaying them will be counted. Howser v. Pepper, 8 
 N. D. 484, 79 N. W. 1013. Cited in note (47 L. R. A. 825) on 
 Marking Official Ballot. 
 
 Official stamps; election officers' initials.] Theri- 
 quirement of N. D. Rev. Codes, Sec. 524, that a ballot must 
 have a precinct stamp and the initials of the inspector is 
 constitutional and mandatory. Howser v. Pepper, 8 N. D. 
 484, 79 N. W. 1018. 
 
 The requirement of N. D. Rev. Codes, Sec. 524, that a vote 
 in order to be valid must bear the oflicial stamp and the 
 initial of the inspector of elections, does not operate to d •- 
 stroy the voting franchise and is not unconstitutional. Mil- 
 
STATE OF NORTH DAKOTA 257 
 
 ler V. Schallern, 8 N. D. 395, 79 N. W. 865. Approved in 
 Howser v. Pepper, 8 N. D. 495, 79 N. W. 1018. Cited in note 
 (47 L. R. A. 807) on Marking Official Ballot. 
 
 Ballots which fail to show the initials of an election pre- 
 cinct officer, as required by N. D. Rev. Codes, Sec. 524, are 
 void. Lorin v. Seitz, 8 N. D. 404, 70 N. W. 869. Cited in notvi 
 (47 L. R. A. 809) on Marking Official Ballot. 
 
 The omission of the official stamp or the inspector's ini 
 tials from a ballot in disregard of the mandatory require- 
 ments of N. D. Rev. Codes, Sec. 524, renders the ballot voi J, 
 and it should not be counted. Miller v. Schallern, 8 S. D. 
 395, 79 N. W. 865. Approved in Lorin v. Seitz, 8 N. D. 405, 
 79 N. W. 869. Cited in note (47 L. R. A. 809) on Marking 
 Official Ballot. 
 
 A "general election'.' referred to in the North Dakota reg- 
 istration law comprises all the questions and offices submit- 
 ted on the Tuesday after the first Monday in November in 
 even numbered years. Fitzmaurice v. Willis, 127 N. W. 95. 
 
 Under the sytem of elections in North Dakota, every voter 
 is entitled to the opportunity to vote for or against any ques- 
 tion submitted, separately and independently from his vote 
 for or against any other proposition submitted. Stern v. 
 Fargo, 18 N. D. 289, 26. L. R. A. (N. S.) 665, 122 N. W. 403. 
 
 Notice of election.] Where notice was given that an 
 election was to be held in a certain building, but it was held 
 at a place two blocks away, such change did not constitute 
 such an irregularity as to render the election illegal and 
 void, in the absence of a showing that any party by reason 
 of the change in the polling place had been injured or any 
 elector deprived of his right to vote. State ex rel. Walklin 
 V. Shanks, 125 N. W. 122. 
 
 Place.] Where a voting place at a primary election is 
 duly established by the county commissioners at a certain 
 place, an election held at another place over three miles 
 distant, pursuant to a resolution of a majority of the voters 
 of the precinct assembled at a political meeting, is unau- 
 thorized, and the returns of the election at such place should 
 not be canvassed. Elvick v. Groves, 17 N. D. 561, 118 N. W\ 
 228. 
 
 Ballot as distinguished from vote.] A majority of the 
 votes cast upon a question submitted to a vote, if in the 
 affirmative, carries it, unless the legislative will to the con- 
 trary is clearly expressed in the Constitution or the law. 
 State ex rel. McCue v. Blaisdell, 18 N. D. 31, 119 N. W. 360. 
 
 A "ballot" as distinguished from a vote, is the sheet ot' 
 paper on which the voter expresses his choice of candi- 
 
258 ELECTION LAWS 
 
 dates, or for or against a proposition, or both. State ex reJ. 
 McGue, 18 N. D. 31, 119 N. W. 360. 
 
 Mandamus 
 
 The secretary of state is a proper but not a necessary 
 party to an information to compel the county auditor to 
 put on the official primary ballot the name of a candidate 
 for senator, which action had been withheld on the ground 
 that there was no vacancy, the certifying of the vacancy be- 
 ing a ministerial duty of the Secretary. State ex rel. Wil- 
 liams V. Meyer, 127 N. W. 834. 
 
 Party ballot.] The legislature has, within reasonabl.} 
 limits, the power to determine how many voters acting to- 
 gether for the purpose of making nominations shall be en- 
 titled to a party ballot, and the North Dakota statute pro- 
 viding only for the printing of ballots for parties casting 5 
 per cent, of the votes cast for Governor at the next preced- 
 ing election is a reasonable regulation of an election held to 
 make party nominations. State ex rel. Hagendorf v. Blais- 
 dell, 127 N. W. 720. 
 
 A certificate of nomination, to which are affixed the ri- 
 quisite number of signatures, nominating a person as a can- 
 didate of the Socialist party for a state office, in other re- 
 spects conforming to law, is a valid certificate, and entitles 
 the party nominated to have his name placed in the columii 
 provided for individual nominations on the Australian bal- 
 lot for use at the general election. State ex rel. Cooper v. 
 Blaisdell, 17 N. D. 575, 118 N. W. 225. 
 
 Right to have name printed in party column,] The claim 
 of a candidate for office to have his name printed in the reg- 
 ular party column where all the candidates in the column 
 can be voted for at once by a mark at the head of the col- 
 umn, presents a question of substantial right. State ex rel. 
 Howells V. Metcalf, 18 S. D. 393, 67 L. R. A. 331, 100 N. W. 
 923. 
 
 Printing name in more than one column.] N. D. Rev. 
 Codes 1899, Sec. 491, which prohibits the printing of the 
 name of candidate for office in more than one column of 
 the official ballot, is, as to a candidate who is the nominee 
 of a single political party and the nominee of electors by 
 petition, a reasonable regulation of the manner of exercis- 
 ing the right of suffrage, and is valid and constitutional. 
 State ex rel. Fisk v. Porter 13 N. D. 406, 67 L. R. A. 473; 100 N. 
 W. 1080. 
 
 Printed stickers.] Official ballots upon which the elec- 
 tor has placed printed stickers in the manner provided by 
 
STATE OF NORTH DAKOTA 259 
 
 statute are not rendered unofficial by that fact, and must be 
 received and counted. Roberts v. Bope, 14 N. D. 311, 103 N. 
 W. 935. 
 
 Where the voter indicates his choice by writing the name, 
 upon, or by pasting a printed sticker containing the name 
 upon the official ballot, a cross-mark after the name, so 
 v^ritten or pasted is not necesary to entitle it to be counted. 
 Roberts v. Bope, 14 N. D. 311, 103 N. W. 935. 
 
 The fact that the voter has attached a combination of 
 stickers, covering the names of those upon the stickers, 
 without severing the stickers and attaching them separately, 
 does not render the ballot invalid. Roberts v. Bope, 14 N. D. 
 311, 103 N. W. 935. 
 
 Under the Australian ballot law an elector may indica*:c 
 his choice by writing or pasting the name of a candidate in 
 the space provided for that purpose, and over the names of 
 an opposing candidate, even though the name so written or 
 pasted on is printed on the official ballot in another column, 
 and it must be counted. Roberts v. Bope, 14 N. D. 311, 103 
 N. W. 935. 
 
 Registration laws.] The prime purpose of the registra- 
 tion law is to prevent the perpetration of frauds in elec- 
 tions, and it must be construed in the light of such object. 
 The object of the meeting of the board of registration on the 
 dates fixed by statute preceding each general election is to 
 provide for the preparation of the registration list, which h 
 the culmination of the proceedings of the board of registra- 
 tion, without which their meetings and acts would be futile, 
 as well as all other provisions of the registration statute. 
 
 It is held that, under all ordinary circumstances, the pres- 
 ence and use of such a list on the day of election in citie.-i 
 coming under the terms of the registration law is mand i- 
 tory, and that all votes received in the absence of such list, 
 and without being accompanied by the affidavit required of 
 nonregistered voters, must be rejected. Fitzmaurice v. Wil- 
 lis, 20 N. D. 372. 
 
 County superintendent.] Sec. 764, Rev. Codes 1905, 
 which prescribes that at each general election there shall bo 
 elected in each county a superintendent of schools, whose 
 term shall be two years "and until his successor is elected 
 and qualified," is a constitutional and valid enactment. 
 
 Incumbent holds office.] Following the rule announced 
 in State ex rel. Bickford v. Babrick, 16 N. D. 94, 112 N. W. 
 74, held that under such statute the regularly elected in- 
 cumbent of the office is entitled to hold the same until his 
 successor is legally elected and qualified. 
 
260 ELECTION LAWS 
 
 A person who is ineligible to hold a public office cannot 
 be elected thereto, and his election is a nullity. The word 
 "elected," as used in Sec. 764, Rev. Codes 1905, signifies an 
 election of a qualified successor to the incumbent. 
 
 The incumbent of a public office, who has the right to 
 hold over until his successor is elected and qualified, has 
 such a special interest as enables him to maintain an action 
 under the provisions of chap. 25, Code Civ. Proc. (Sees. 7349 
 et seq.. Rev. Codes 1905) against one who intrudes himself 
 into such office, unless such right has been lost or waived in 
 some manner either by the voluntary surrender of the office 
 or by some other equivalent act. Jenness v. Clark, 21 N. D. 
 150. 
 
 Nominations.] Chapter 213 of the Session Laws of 1911, 
 providing for party enrollment of electors by assessors be- 
 fore primary election, and prescribing the form of affidavit 
 to be so required of each elector to entitle him to enrollment 
 as a partisan, and to qualify him to vote at the coming pri- 
 mary election, construed and held : — 
 
 The legislature has the right to require nomination to be 
 made at primary elections by the use of a ballot, and may 
 provide that such election shall be conducted within or- 
 ganized political parties, and may deny the right to vote to 
 those electors not belonging to any organized political party, 
 and may require as a reasonable test to party fealty that the 
 elector shall subscribe an oath stating that he belongs to an 
 organized political party, and requiring him to designate it 
 therein by name. 
 
 (a) The law requiring such a test and making the re- 
 quired oath a condition precedent to the right of an elector 
 to participate at the party primary election is not uncon- 
 stitutional as prescribing an added franchise requirement, 
 or as restricting the right of suffrage, or as violating the 
 secrecy of the ballot, within the meaning of Sees. 121, 122, 
 and 129, of our state Constitution. 
 
 (b) Said constitutional provisions, a part of art. 5 of the 
 state Constitution, are applicable to the extent of limiting 
 such primary election to constitutional electors and guar- 
 cintying a secret ballot at primaries, but are limited in appli- 
 cation by the purpose for which the election is by the legis- 
 lature provided, the power to declare such purpose being 
 reserved to it by said constitutional provisions. The con- 
 stitutional rights of the elector are not paramount to such 
 contemplated legislative purpose; and a party primary elec- 
 tion law is not rendered unconstitutional because the right 
 of suffrage at the primary is made dependent upon the as- 
 
STATE OF NORTH DAKOTA 261 
 
 sertion of a partisan belief by the elector, and because such 
 election regulations forbid an elector from voting who be- 
 longs to no political party. 
 
 2. The portion of the statutory affidavit exacted upon 
 enrollment, providing for proof of naturalization, is uncon- 
 stitutional, because in operation it disfranchises from par- 
 ticipating in any party primary election those electors nat- 
 uralized by being within the terms of the act of Congress 
 naturalizing certain foreign born residents within the lim- 
 its of this state at the time of its admission into the Union. 
 That said act is likewise void because it excludes those 
 electors similarly naturalized by act of Congress because of 
 having been residents of other states upon the admission of 
 such states into the Union. Except as to such feature of the 
 statute requiring proof of naturalization ,the statute re- 
 mains unaffected and in force. 
 
 3. The statute in question contemplates that both the 
 minor reaching majority on or prior to election day, but 
 after the return of the enrollment books to the auditor, and 
 any male person of legal age naturalized by court decree 
 during said period, may vote, and does not discriminate be- 
 tween the new voter and such naturalized elector, both of 
 whom may participate at the primary election upon taking 
 the oath required by the act, and similar to that provided 
 by Sec. 738, Rev. Codes 1905. 
 
 Note. — The authorities on the constitutionality of pri- 
 may election laws are collated in a note to the above case as 
 reported in 41 L. R. A. (N. S.) 132, which is supplementary 
 to the note in 22 L. R. A. (N. S.) 1136, on the same subject. 
 As to the constitutionality of legislation affecting party rep- 
 resentation on official ballot, see note in 35 L. R. A. (N. S.) 
 353. For the question whether primary elections are elec- 
 tions within Constitution or statutes relating to elections 
 generally, see note in 18 L. R. A. (N. S.) 412. As to constitu- 
 tionality of a statute prohibiting the nominating, recom- 
 mending, or censuring of specified officers by certain organ- 
 izations or at desij^nated elections, including primary elec- 
 tions, see note in 23 L. R. A. (N. S.) 839. The question of 
 the constitutionality of legislation restricting candidates to 
 one place on ballot is the subject of a note in 37 L. R. A. (N. 
 S.) 825. State Ex Rel. Miller, Attorney General, et al. v. 
 Flaherty, County Auditor, 23 N. D. 313. 
 
 Contests OF nominations.] The provisions of chap. 109, 
 known as the primary election law, in so far as they relate 
 to contests of nominations, construed and held, that such 
 contests must be initiated by serving upon the contestec 
 
262 ELECTION LAWS 
 
 within ten days after the completion of the canvass of the 
 ballots, an allidavit of contest setting forth the grounds 
 therefor, and that the affidavit mentioned in Sec. 31 of said 
 act, which may be made on information and behalf as a basis 
 for procuring an order for a recount of the ballots, is not 
 the affidavit of contest elsewhere referred to in said section. 
 Olesen v. Hoge, 23 N. D. 648. 
 
 Establishment of voting precincts.] In accordance with 
 Elvick V. Groves, 17 N. D. 561, 118 N. W. 228, is held that 
 where a voting place is duly established by the county com- 
 missioners, an election held at another place a considerablf. 
 distance therefrom in the absence of special reasons, is un- 
 authorized, and the returns thereof should not be canvass- 
 ed. 
 
 Members of a canvassing board are presumed to know 
 the locality of the designated voting places, and to take 
 notice of the geography of the townships in their jurisdij- 
 tion, and when returns clearly indicate that an election was 
 held at a point distant from the designated place such 
 board is justified in declining to canvass such returns, in 
 the absence of special considerations. The trial court 
 found, on inquiring into the facts, and on the demurrer and 
 motion above referred to, in substance that on a contest iu 
 election there would be no justification for changing the 
 certificate issued by the canvassing board, and declined to 
 issue its writ of mandate. Held, that this was not an abuse 
 of its discretionary power. State Ex Rel. Johnson et al v 
 Thomas Ely et al. 23 N. D. 619. 
 
 Validity of primary nominations.] The validity of nom- 
 inations properly certified and filed with the secretary of 
 state in pursuance of N. D. Rev. Codes, Sec. 500, may be at- 
 tacked by any interested citizen, and their certification to 
 county auditor by the secretary enjoined if their invalidity is 
 established. State e^ rel. Plain v. Fallev, 8 N. D. 90, 76 N. W. 
 996. 
 
 Certificate of nomination; time of filing.] A certificate 
 of nomination filed with the secretary of state is invalid 
 where it fails to comply with N. D. Rev. Codes, Sec. 499, re- 
 quiring the certificate of nomination to state the name of 
 the office for which the person named therein is nominated. 
 State ex rel. Anderson v. Falley, 9 N. D. 464, 83 N. W. 913. 
 
 The provision of N. D. Rev. Codes, Sec. 503, requiring 
 certificates of nomination to be filed with the secretary of 
 state not less than thirty days before the date fixed for the 
 election, is mandatory, and a certificate filed less than th it 
 period is invalid. State ex rel. Anderson v. Falley, 9 N. D. 
 464, 83 N. W. 913. 
 
STATE OF NORTH DAKOTA 263 
 
 The provision of N. D. Rev. Codes, Sec. 5127, declaring 
 that whenever an act of a secular nature is appointed by 
 law or contract to be performed upon a particular da}' 
 which falls upon a holiday, such act may be performed 
 upon the next business day, does not apply to N. D. Rev. 
 Codes, Sec. 503, requiring certificates of nomination to be 
 f'led with the secretary of state not less than thirty days 
 before an election, as the latter section does not prescribe 
 an act to be performed upon a particular day, but simply 
 requires the act to be done not less than a prescribed num- 
 ber of days before the election. State ex rel. Anderson v. 
 Falley, 9 N. D. 464, 83 N. W. 913. 
 
 The provisions of N. D. Rev. Codes, Sec. 503, requiring 
 the filing of certificates of nominations with the secretary 
 of state not less than thirty days before election, are not 
 complied with by the filing of a void certificate more than 
 thirty days before the election and the subsequent filing oi 
 an amended certificate, curing the defect, less than thirty 
 days before the election. State ex rel. Anderson v. Falley, 
 9 N. D. 464, 83 N. W. 913. 
 
 A certificate purporting to fill a vacancy in a nomination, 
 presented for filing less than thirty days before an election, 
 stating neither the cause of the vacancy, whether by resig- 
 nation, declination, or death, in the original nomination, 
 nor the authority to fill it nor giving the name of the one 
 whose place it is to be filled, does not comply with S. D. 
 Sess. Laws 1891, chap. 57, and should not be filed, nor the 
 name of the nominee thus designated printed on the ballots. 
 Lucas V. Ringsrud, 3 S. D. 355, 53 N. W. 426. Approved in 
 State ex rel. Anderson v. Falley, 9. N. D. 466, 83 N. W. 913. 
 Distinguished in Stackpole v. Hallahan, 16 Mont. 58, 28 L. 
 R. A. 502, 40 Pac. 80, holding that Sees. 11 and 12 of the 
 Montana Australian ballot law of March 13, 1889, requiring 
 that a nomination certificate state the nominee's business 
 address, will not be held mandatory after an election, the 
 effect of which w^ould be absolutely to disfranchise a plural- 
 ity of the voters of the district. 
 
 When no certificate of original nomination has been filed 
 in the office of the secretary of state, there can be no sub- 
 stitution of names of nominees, under S. D. Sess. Laws 1891, 
 chap. 57, because the secretary of state has nothing in his 
 office showing who had been orignally named for the office, 
 and whose place the substitute is to fill. Lucas v. Ringsrud, 
 3 S. D. 355, 53 N. W. 426. Approved in State ex rel. Ander- 
 son V. Falley, 9 N. D. 465, 83 N. W. 913. 
 
 Political parties.] Political parties are not the creatures of 
 law but result from the voluntary association of electors 
 
264 ELECTION LAWS 
 
 and have inherent powers to regulate their own afTairs, sub- 
 iect to reasonable legislative regulation. Morrow v. Wipf, 
 22 S. D. 146, 115 N. W. 1121. 
 
 N. D. Laws 1907, chap. 109, known as the primary election 
 law, is not intended to provide for and regulate the nomina- 
 tion of candidates who do not stand for or represent a poli- 
 tical principal or party; it being intended only to regulate 
 party nominations. State ex rel. Hagendorf v. BlaisdeJl, 
 127 N. W. 720. 
 
 Nomination by Direct Vote 
 
 It is competent for the legislature to provide for the nom- 
 ination of party candidates for elective offices by a direct 
 vote of the members of the different political parties at an 
 election for that purpose. State ex rel. Montgomery v. An- 
 ders, 18 N. D. 149, 118 N. W. 22. 
 
 While the legislature has the power to provide for nom- 
 inations by a direct vote, and to prescribe rules and regula- 
 tions for the conduct of primary elections and the govern- 
 ment of political parties, such rules and regulations must 
 be reasonable, and operate on voters and candidates of the 
 same class with substantial equality, but absolute equality 
 in all things is not a necessary requirement. State ex rel. 
 Montgomery v. Anderson, 18 N. D. 149, 118 N. W. 22. 
 
 Designation of political party.] While authorities are 
 not in harmony as to what principles constitute the princi- 
 ples of Socialism, their main tenets are sufficiently under- 
 stood and agreed upon, so the word "Socialist" may be used 
 to designate a political party. State ex rel. Cooper v. Blais- 
 dell, 17 N. D. 575, 118 N. W. 225. 
 
 Change of voting place.] It is only in case of emergency 
 or extraordinary circumstances that a change of a voting 
 place at a primary election should be upheld. Elvick v. 
 Groves, 17 N. D. 561, 118 N. W. 228. 
 
 Qualification and challenge of voters.] A primary elec- 
 tion is an "election" within the constitutional provision 
 which prescribes the qualifications of voters at "any elec- 
 tion." Johnson v. Grand Forks County, 16 N. D. 363, 126 Am. 
 St. Rep. 662, 113 N. W. 1071. Cited in note 18 L. R. A. (N. 
 S.) 412, on "primary elections" as within Constitution or 
 statute relating to elections generally. 
 
 That part of the Primary Election Law providing that a 
 voter at a primary might be challenged on the ground that 
 he is not a member of the party whose ticket he is voting, 
 and be required to swear that he is a member of such party 
 
STATE OF NORTH DAKOTA 2G5 
 
 in good faith and that he intends to support the principles 
 and candidates nominated at such primary, is valid as tend- 
 ing to conserve the purposes sought to be accomplished and 
 does not preclude the voter from supporting the party of 
 his choice, nor does it conflict with the Constitution in that 
 it adds to the qualifications of electors prescribed thereby. 
 Morrow v. Wipf, 22 S. D. 146, 115 N. W. 1121. 
 
 Name on Ballot 
 
 The courts have power to compel the county auditor to 
 put the names of candidates for senator on the primary 
 election ballot, and in so doing do not infringe N. D. Const. 
 Sec. 47, making the house judges of the election returns and 
 qualifications of their own members. State ex rel. Williams 
 V. Meyer, 127 N. W. 834. 
 
 Ballots.] A petition to have one's name placed on a 
 primary election ballot is too late on the last statutory day 
 if it is a legal holiday. State ex rel. Miller v. Burnham, 127 
 N. W. 504. 
 
 A citizen and elector may institute a proceeding to enjoin 
 the secretary of state from certifying to the various county 
 auditors the names of candidates for nomination for the 
 office of United States Senator for the purpose of having 
 such names placed upon the general election ballots, where 
 it is alleged that the statute in pursuance of which certain 
 certifications would be made is unconstitutional and void, 
 and he has requested such proceeding to be instituted by 
 the attorney general, and the latter has refused such re- 
 quest. State ex rel. McCue v. Blaisdell, 18 N. D. 55, 24 L. R. 
 A. (N. S.) 465, 118 N. W. 141. 
 
 Certificates of Nomination 
 
 Certificates of nomination, provided for by N. D. Rev. 
 Codes 1899, Sec. 501, need not be verified. State ex rel. 
 Cooper V. Blaisdell, 17 N. D. 575, 118 N. W. 255. 
 
 In the performance of his duties as secretary of state, In 
 certifying the names of candidates for state offices to the 
 different county auditors for printing upon the ballot to be 
 used at the general election, the secretary acts in a min- 
 isterial capacity; and, when certificates of nomination filed 
 with him are legal in form, it is not any part of his duty to 
 examine into the facts recited in such certificates to ascer- 
 tain their truth or falsity. State ex rel. Cooper v. Blaisdell, 
 17 N. D. 575, 118 N. W. 225. 
 
 The primary election law of this state, is common with all 
 general lav7§ regulating the elective franchise, is in all its 
 
266 ELECTION LAWS 
 
 parts within the constitutional requirements that it must b'i 
 just and reasonable, must have a uniform operation through- 
 out the state, and must bear with substantial equality upon 
 parties, candidates, and all classes of citizens. State ex rel. 
 Dorval v. Hamilton, 20 N. D. 592. 
 
 Contests of Election 
 
 Ballots objected to because of marks are properly brought 
 up on appeal in an election contest by a bill of exceptions, 
 as the interpretation or construction to be given the mark- 
 ings upon them presents a question of law for the court, 
 and not a question of fact for the jury. Church v. Walker, 
 10 S. D. 90, 72 N. W. 101, Modified on Rehearing in 10 S. D. 
 450, 74 N. W. 198. 
 
 The decision of the trial court upon the question whether 
 certain ballots should be accepted or rejected may be re- 
 viewed on appeal, where the ballots in question were, by aa 
 order and certificate of the trial court, expressly made a 
 part of the respective findings of fact to which the same re- 
 late. McMahon v. Polk, 10 S. D. 296, 47 L. R. A. 830, 73 N. 
 W. 77. 
 
 Ballots.] Original ballots are the best evidence from 
 which to determine the result of an election. Howser v. 
 Pepper, 8 N. D. 484, 79 N. W. 1018. 
 
 The court must exclude ballots offered in evidence on an 
 election contest, when it appears that deviations have been 
 made from the official method of keeping them, as prescrib- 
 ed in N. D. Rev. Codes, Sec. 526, which necessarily resulted 
 in exposing ballots to unauthorized persons, though if such 
 deviations have been only slight, or such as do not necessar- 
 ily cast doubt upon the identify and safe preservation of the 
 ballots, the jury may pass upon the question of identifv. 
 Howser v. Pepper, 8 N. D. 484, 79 N. W. 1018. 
 
 Ballots will not be received in evidence which are con- 
 tained in boxes, the custody of which after election is not 
 retained by the election inspector, as provided for in N. D. 
 Rev. Codes, Sec. 526, but which are left within reach of un- 
 authorized persons for a period of over two months prior 
 to the trial at which the votes which they contain are re- 
 quired as evidence. Howser v. Pepper, 8 N. D. 484, 79 N. W. 
 1018. Approved in McMahon v. Crockett, 12 S. D. 15, 80 N. 
 \V. 136. 
 
 The presumption in favor of the identity of ballots kept 
 in the manner provided by statute is rebutted by proof of 
 failure to comply with the statute, and the burden is cast 
 upon the party demanding a recount to establish that the 
 
STATE OF NORTH DAKOTA 267 
 
 ballots have not been tampered with. Howser v. Pepper, 8 
 N. D. 484, 79 N. W. 1018. 
 
 An allegation in an election contest that plaintiff was 
 "duly elected" having received a majority of the legal votes 
 cast at the election is not denied, so as to render necessary 
 the introduction of evidence that plaintiff possesses the 
 requisite qualifications, by a mere denial that he received a 
 majority of the votes. Church v. Walker, 10 S. D. 90, 72 N. 
 W. 101, Modified on Rehearing in 10 S. D. 450, 74 N. W. 198. 
 
 One voting at an election who is claimed on an election 
 contest not to have been a qualified elector may be asked as 
 a witness on direct examination generally for whom he 
 voted, where no question of personal privilege is involved, 
 and may be cross-examined in regard to the manner of 
 marking his ballot. Vallier v. Brakke, 7 S. D. 343, 64 N. W. 
 180. Rehearing Denied in 7 S. D. 551, 64 N. W. 1119. Fol- 
 lowed without special discussion in Le Claire v. Wells, 7 S. 
 D. 428, 64 N. W. 519. 
 
 In contest of title to office.] In an action to try title to 
 office the burden of proof is upon the plaintiff and he can- 
 not prevail merely by reason of the weakness of defendant's 
 title. Holan v. Beck, 125 N. W. 1048., 
 
 In an action to oust a predecessor in office who retains 
 possession plaintiff must show not only an actual vacancy 
 in office but a valid appointment thereto. Holtan v. Beck, 
 125 N. W. 1048. 
 
 The fact that a duly elected and qualified sheriff continues 
 to hold office and to resist demands that he surrender the 
 same after the place of his residence prior to election has 
 been separated from the county is sufficient to rebut the 
 presumption of continuity of residence by the stronger pre- 
 sumption against the commission of an unlawful act. Hol- 
 tan V. Beck, 125 N. W. 1048. 
 
268 ELECTION LAWS 
 
 Computing Time 
 
 Election notices and terms of office are construed under 
 the same general rules, though there are some exceptions 
 and variations, especially with reference to election notices, 
 which are usually to be computed backward from the time 
 of the election. 
 
 Thus, under a statute providing that certificates of nom- 
 ination for candidates shall be filed with the secretary of 
 the commonwealth at least sixty-six days before the day of 
 the election, a certificate filed on the 13th of September is 
 in season within the rule for the computation of time re- 
 quiring the last day to be excluded but including the first, 
 where election was to be held November 8. Certificates of 
 Nomination, 1 Pa. Dist. R. 759. 49 L. R. A. 244. 
 
 And the term "five days exclusively" in a statute provid- 
 ing for notice of town meeting means five days inclusive of 
 the day on which the notice is posted, but exclusive of the 
 day on which the meeting is to be held, so that therefore, a 
 meeting warned on the 26th of September, to be held on the 
 30th of September, is not legally warned. Brooklyn Trust 
 Co. V. Hebron, 51 Conn. 22. 49 L. R. A. 244. 
 
 But where a voter is required by law to file an oath in a 
 designated office at least live days before the day of elec- 
 tion, the five days will be computed by excluding the day of 
 filing where including it would lead to a forfeiture of the 
 office. State ex rel. Reitemeyer v. Gasconada County Ct. 33 
 Mo. 102. 49 L. R. A. 244. 
 
 Restricting Vote When Several Officers Are To Be Chosen 
 For the Same Office 
 
 The case of Com., McCormick, v. Reeder, 33 L. R. A. 141, 
 holds that Pa. act June 24, 1894, providing for an election 
 of seven judges and restricting the right of an elector to 
 vote for only six candidates upon one ballot for said office 
 is not contrary to Pa. Const. 1874, art. 8, Sec. 1, providing 
 that an elector shall be entitled to vote at all elections. This 
 is a recent statute and decisions along similar lines are very 
 few. The decision is based largely upon the fact that sim- 
 ilar statutes in that state have been in force for many years 
 and not disputed. It was held that the right "to vote at all 
 elections' is not equivalent to the right to vote "for every 
 candidate of a group of candidates for the same office." 
 This case distinguishes the Ohio case of State v. Constan- 
 tine, which held that "the right of each elector to vote for 
 each office to be filled at an election has never been doubt 
 ed," and says "in Pennsylvania the right of the legislature 
 
STATE OF NORTH DAKOTA 2G9 
 
 to limit the vote to a less number than all of the oflicers to 
 be elected has never been doubted," and bases the conclu- 
 sion on the fact that the historical interpretation in Pennsyl- 
 vania has been wholly different. 
 
 Acquiring Residence as Voter While Attending School or 
 Public Institution 
 
 Some of the states have a constitutional provision to the 
 effect that a residence is not gained or lost by reason of em- 
 ployment in the service of the United States, or state, nor 
 while kept at an almshouse or asylum. This leaves the 
 question to be determined by evidence outside of the fact 
 of presence at such institution , although a residence ma3^ 
 be gained there. 
 
 It is generally held that the inmates of a soldiers' home 
 do not acquire the right to vote by reason of their residence 
 in such institutions, but there are many things to be con- 
 sidered in regard to the qualifications of a voter as to his 
 acquiring a new residence; abandonment of his former resi- 
 dence, and the intention to make a change, are all factors 
 in determining the question of his right to vote. Silvey v. 
 Lindsay, 107, N. Y. 55, reversing 42 Hun. 116. Nor does he 
 acquire a new residence by being in the government ser- 
 vice at a certain place. People v. Holden, 28 Cal. 123; Peo- 
 ple V. Riley, 15 Cal. 48. 
 
 Residence on lands ceded to the United States for navy 
 yards, forts, and arsenals does not give the right to vote at 
 state elections in such territory. Opinion of the Justices, 1 
 Met. 580; Re Highlands, 48 N. Y. S. R. 795. 
 
 Inmates of Almshouse and Hospitals 
 
 A pauper inmate of a poorhouse does not acquire there- 
 by residence in a township in which a poorhouse is located, 
 so as to enable him to vote there. Clark v. Robinson, 88 III. 
 498; Dale v. Irwin, 78 111. 170; Esker v. McCoy (Ohio) 6 Am. 
 L. Rec. 694; Covode v. Foster, 4 Rrewst. (Pa.) 414. 
 
 But in the case of Re Elk Twp. Election, 14 N. J. L. J. 263, 
 it was held that an aged man who had been for a year or 
 two working for farmers in that township, and whose only 
 home was the county poorhouse in that township, was en- 
 titled to vote in that place. 23 L. R. A. 215. 
 
 And a voter who left his place of residence with no inten- 
 tion of ever returning, and finally went to another townshij) 
 to the county infirmary, with the intention to remain there 
 permanently, having no family and no other home, with no 
 intention of removing, and having no settlement in any 
 
270 ELECTION LAWS 
 
 township, is entiled to vote where such infirmar}^ is situat- 
 ed. Mallannee v. Hills, 2 Week, L. Bull. 61. 23 L. R. A. 215. 
 
 So where there is no constitutional or statutory provis- 
 ions against an inmate of an almshouse acquiring a resi- 
 dence at such place, he may change his residence from his 
 township and adopt and select one where the almshouse is 
 located as his residence, if he is a voter and has no family 
 in another township. Sturgeon v. Korte, 34 Ohio St. 525. 
 
 Persons at hospitals under treatment do not hereby ob- 
 tain a residence there for the purpose of voting. Election 
 Law, 9 Phila. 497. 
 
 Students 
 
 A student at college, who is there for the sole purpose of 
 obtaining an education, does not thereby necessarily ac- 
 quire the right to vote at that place. Allentown Contested 
 Election Case, 8 Phila. 575; Rep. of Jud. Gomm. Gush. Mass. 
 Election Gases, 436; Vanderpoel v. O'Hanlon, 53 Iowa, 246, 
 36 Am. Rep. 216. And is not entitled to vote there, unless 
 it was his intention to remain permanently, or for some 
 indefinite time, although he abandoned his father's housi'. 
 as his home after he was of age, and intended to make the 
 place where the college was situated his only home while 
 he was to remain there. State v. Daniels, 44 N. H. 383. And, 
 if students come to college for no other purpose than to re- 
 ceive an education, intending to leave after graduating, 
 they do not acquire a residence at that place. Fry's Elec- 
 tion Gase, 71 Pa. 302, 10 Am. Rep. 698. There must be evi- 
 dence of complete abandonment of the former residence; 
 but absence from it would be regarded as temporary, and 
 too much weight should not be attached to declarations of 
 present or future purpose by a student after the question 
 of residence is raised; there must be other satisfactory evi- 
 dence tending to show abandonment. Lower Oxford Con- 
 tested Election, 11 Phila. 641. 23 L. R. A. 216. 
 
 In the case of Granby v. Amherst, 7 Mass. 1, it was said 
 that a student of a college does not change his domicil by 
 his occasional residence at college. But the fact that a stu- 
 dent has continued to reside in the place of the college for 
 a period of seven years, supporting himself by his own 
 efforts and procuring a transfer of registration as voter, 
 voting there and never voting at any other place, shows a 
 bona fide intention to abandon the former residence. Shaef- 
 fer V. Gilbert, 73 Md. 66. 
 
 Proofs of change of domicil so as to overcome the pre 
 sumption of the continuance of the prior domicil, concur- 
 ring with an actual residence of the student in the town 
 
STATE OF NORTH DAKOTA 271 
 
 where the public institution is situated, will be sufficient to 
 establish his domicil, and give him a right to vote in that 
 town. Opinion of the Justices, 5 Met. 587. 23 L. R. A. 216. 
 
 A student who had formed the purpose of making W. his 
 home for an indefinite period, when twenty-four years of 
 age, and who was taxed there, and voted there for several 
 years, is entitled to claim that place as his residence, al- 
 though attending a theological institution in Massachusetts. 
 Sanders v. Getchell, 75 Me. 158, 49 Am. Rep. 606. 
 
 In Pedigo v. Grimes, 113 Ind. 148, it was held that where 
 voters after entering the state university determine that 
 place should be their residence, they have a right to vote 
 there if their intention was formed and acted upon in goo'^ 
 faith. 23 L. R. A. 216. 
 
 It was held in Putnam v. Johnson, 10 Mass. 488, that a 
 student at a theological institution, of age, qualified, and 
 not under his father's control, is entitled to vote at the place 
 of such college, notwithstanding it may not be his expect;;- 
 tion to remain there forever. In this case, he had left his 
 father's family several years before, and had become a resi- 
 dent of S. where he was taxed and permitted to vote; his 
 father had ceased to support him, and he was at S. prepar- 
 ing himself for an independent living when he removed *o 
 the town the theological seminary was, which, as he was on 
 a charitable foundation, required a residence of three years. 
 If students abandon their former home and come to the 
 town where the seminary is situated, to make that town 
 their residence, leaving to the future to determine whether 
 they shall enter a profession or some other business in that 
 town, they acquire a residence there. Re Ward, 29 Abb. N. 
 C. 187. 
 
 Under 111. Rev. Stat. 1874, providing that a permanent 
 abode is necessary to constitute a residence, students who 
 are entirely free from parental control and regard the place 
 of the college as their home and have no other to which to 
 return in case of sickness or domestic affliction, are entitled 
 to vote there. Generally, however, under-graduates of col- 
 leges are no more residents of a town in which they pursue 
 their studies than mere strangers. Dale v. Irwin, 78 111. 170. 
 
 In the case of Warren v. Board of Registration, 2 L. R. A. 
 203, 72 Mich. 398, it was stated that the provisions of the 
 Michigan constitution in regard to acquiring and losing a 
 residence while a student, do not prevent persons from be- 
 coming residents if such is their purpose and if they are 
 able to choose. 
 
272 ELECTION LAWS 
 
 Irregularities 
 
 The general rule in England as to irregularities is thus 
 stated by Coleridge, Ch. J.: "The nonobservance of the 
 rules or forms which is to render the election invalid must 
 he so great as to amount to a conducting of the election in a 
 manner contrary to the principle of an election by hallo i, 
 and must be so great as to satisfy the tribunal that it did 
 affect or might have affected the majority of the voters, or 
 in other words, the result of the election." Woodward v. 
 Sarsons (1875) L. R. 10 G. P. 751. 16 L. R. A. 754. 
 
 Failure of the election oflicer to place his initials on the 
 back of the ballots, as required by the law ,does not invali- 
 date such votes. Jenkins v. Rrecken (1883) 7 S. C. Gand. 
 (Duval) 247. 16 L. R. A. 754. 
 
 Even where the law declared that "the ballot paper shall 
 be marked on both sides with an official mark," ballots not 
 so marked on one side were counted, after elaborate con- 
 sideration. Ackers v. Howard (1886) L. T. 16 Q. B. Div. 
 739. 16 L. R. A. 754-55. 
 
 Where the receiving officers placed their initials in the 
 lower right-hand corner of the ballots instead of the lowe ' 
 left-hand corner, as the Indiana ballot law prescribed, the 
 irregularity was considered harmless. Parvin v. Wimberg, 
 Ind. Sup. 1892. 16 L. R. A. 755. 
 
 An election was held at two polling places in a township, 
 one of which was not lawfully established, and the court 
 (per Brewer, J.) sustained the result, saying: "It was the 
 ppparent creation of a voting precinct; and having been ac- 
 cepted by the people, the only ones interested in the matter, 
 and acted upon by them as though it were in all respects 
 legal and binding, the defects in the order cannot now be 
 made the means of disfranchising a body of legal voterrs, 
 innocent of wrong, seeking to exercise their rights of fran- 
 chise and only misled by the officers of the law/' Wildmari 
 y. Anderson (1876) 17 Kan. 347. 16 L. R. A. 755. But clos- 
 ing the poll a quarter of an hour before the time fixed by 
 law was held in New South Wales to vitiate the return. 
 Ex parte Russell (1881) 2 N. S. Wales, L. R. 82. 
 
 What distinguishing marks or devices upon ballots will 
 vitiate them, is discussed in Rutledge v. Grawford, 13 L. R. 
 A. 761, 91 Gal. 526; People Onondaga Gounty Board of Gan- 
 vassers, 14 L. R. A. 624, 129 N. Y. 395, and the notes to those 
 cases. 
 
state of north dakota 273 
 
 Harmless Irregularities 
 
 Where two voting places were appointed in a precinct 
 entitled by law to but one, the irregularity was held imma- 
 terial. Bell V. Faulkner (Tex.) March 26, 1892. 
 
 Where the ballots were received, by the proper officers, 
 at a poll, near the house appointed as the voting place but 
 whose owner refused to permit its use, the election was up- 
 held. Preston v. Culbertson (1881) 58 Cal. 198. 
 
 And so where some ballots were deposited by mistake in 
 the wrong ballot box, in use for another election conducted 
 at the same time on the same premises. People v. Bates 
 (1863) 11 Mich. 362; 83. Am. Dec. 745. 
 
 « 
 Marking Official Ballot 
 
 The requirements of the indorsement of the initials of 
 an election inspector or judge of elections upon the back of 
 ballots is not an unreasonable or unconstitutional restric- 
 tion of the right of suffrage. Miller v. Schallern (1899) 8 N. 
 D. 395, 79 N. W. 865; Lorin v. Seitz (1899) 8 N. D. 404, 79 N. 
 W. 869. 
 
 The requirements of the Australian ballot law adopted 
 in Nebraska, that the names or signatures of two judges of 
 election shall be written on the back of each ballot to be 
 used, which shall be so folded by the voter as to disclose 
 these signatures, and shall not be deposited by the judges 
 unless so marked, and that, in canvassing, the ballots not 
 so marked shall be void and not be counted, are clearly 
 but regulative, and to assist in the honest, intelligent exer- 
 cise of the right to vote, and not violative of the constitu- 
 tional provision that all elections shall be free, and there 
 shall be no hindrance or impediment to the right of a voter 
 to exercise the elective franchise. Orr v. Bailey (1899; 
 Neb.) 80 N. W. 495. 
 
 In regard to the construction of the law, it is said in Pen- 
 nington V. Hare (1895) 60 Minn. 146, 62 N. W. 116, that 
 there is a clear distinction between the provisions and pro- 
 hibitions in election laws which are personal to the elector, 
 if he violates which, it is his own fault, and those which ap- 
 ply to executive officers over whose conduct he has no con- 
 trol, the former being generally mandatory and the latter 
 directory, unless otherwise expressly or by necessary impli- 
 cation so declared by statute. 
 
 In Jones v. State ex rel. Wilson (1899; Ind.) 55 N. E. 229, 
 it is said that the purpose of all the election laws is to secure 
 electors the correct expression of their choice in the selec- 
 tion of public servants, and that irregularities on the part 
 
274 ELECTION LAWS 
 
 of election officers, not going to the time or place or other 
 vital matter of the election, or their omission of acts not de- 
 clared to be essential to the validity of the= election, are to 
 be held directory only in support of the voter's right to have 
 bis ballot counted as cast. 47 L. R. A. 807. 
 
 The mere fact that the judges of elections failed to in- 
 dorse ballots with their names or initials, or indorse them 
 in pencil not indelible, or that part only of the judges in- 
 dorse them, does not require the rejection froni the count 
 of such vallots received and deposited by the judges under 
 the Missouri statute providing that each ballot shall be in- 
 dorsed with the names or initials of all the judges of elec- 
 tion with ink or indelible pencil before delivery to the 
 voter, the purpose of which is to secure the return to the 
 judges of the same paper delivered to the voter, where the 
 statute does not expressly declare that ballots not so in- 
 dorsed shall not be counted, but only that the judges shall 
 not deposit them. Hehl v. Guion (1900; Mo.) 55 S. W. 1024. 
 47 L. R. A. 808. 
 
 The absence of the election officer's initials does not viti- 
 ate the ballot, the statute not expressly creating such a 
 cause and invalidity. White v. Mackenzie (1875) 20 Lower 
 Can. Jur. 22, Wiomore, p. 195: Grand v. McCallum (1876) 
 12 Can. L. J. 113, Wigmore, p. 195. 47 L. R. A. 808. 
 
 The writing of the name of the voter upon the back of his 
 ballot is a marking for indentification in clear violation of 
 the Minnesota election law, which provides that no voter 
 shall divulge to anyone within the polling place the name 
 of any candidate for whom he intends to vote or has voted, 
 requiring their rejection. Penninaton v. Hare (1895) 60 
 Minn. 146, 62 N. W. 116. 47 L. R. A. 812. 
 
 The writing of the voter's name upon the back of a ballot, 
 it not appearing by whom it was written or that it was done 
 for the purpose of identification, or that the ballot was fold- 
 ed so that the name could be seen, does not require the r<e- 
 jection of the ballot under the Missouri election law of 1891 
 providing that two of the judges of election shall write 
 their names or initials on the back of ballots furnished 
 voters, and that no other writing shal be on the back exceT)t 
 the number of the ballot, as that provision refers to the 
 time the ballot is delivered to the voter, and should only h^ 
 considered as giving direction to the election officers in re- 
 spect to the discharge of their dutv, and is not mandatory 
 upon the voter. Lankford v. Gebhart (1895) 130 Mo. 621, 
 62 S. W. 1127. 47 L. R. A. 812. 
 
 Almost every conceivable mark which a voter could maka 
 or omit to make has been the subject of discussion in th3 
 
STATE OF NORTH DAKOTA 275 
 
 various cases which have been before the courts. The vot- 
 ers have neglected to make such marks as to indicate their 
 intent either wliolly or partially, have marked in the wrong 
 place, with the wrong kind of marks or with conflicting or 
 contradictory marks, have made distinguishing marks and 
 marked with the wrong implement; but through it all runs 
 the rule of construction against disfranchisement if such 
 construction can be given without violating some rule of law 
 or pohcy. 47 L. R. A. 813. 
 
 The provisions of the Australian ballot law adopted ia 
 Nebraska, that votes shall be marked with a cross, is man- 
 datory, and ballots on which the name of a candidate is 
 written under the appropriate head without placing oppi^- 
 site his name the required cross cannot be counted for such 
 candidate. Martin v. Miles (1896) 46 Neb. 772, 65 N. W. 
 889. 47 L. R. A. 815. 
 
 A ballot marked with a cross, although it is not as per- 
 fect as it might be, should be counted. People ex rel Bantel 
 V. Morgan (1897) 20 App. Div. 48, 46 N. Y. Supp. 898. 47 L. 
 R. A. 815. 
 
 Any mark, however crude and imperfect in form, if it is 
 apparent that it was honestly intended for a cross-mark 
 and for nothing else, must be given effect as such under the 
 Minnesota statutes requiring ballots to be marked with a 
 cross. Pennington v. Hare (1895) 60 Minn. 146, 62 N. W. 
 116. 
 
 Whenever the marking of a ballot evidences an attempt 
 or intention to make a cross, though the cross may be in 
 some respects imperfect, it should be counted, unless from 
 the peculiarity of the mark made it can be reasonably in- 
 ferred that there was not an honest design simply to mark 
 the cross, but there was also an intention so to mark the 
 paper that it could not be identified; but if the mark indi- 
 cates no sign of complying with the law, but, on the con- 
 trary, a clear intent not to mark with a cross as the law di- 
 rects, as by making a stright line, or a round O, such non- 
 compliance renders the ballot null. Hawkins v. Smith 
 (1884) 8 Can. S. C. 676. 
 
 The marking of crosses before the names of all candi- 
 dates but one for a certain office, or the crossing out by pen- 
 cil lines of all names for an office but one, in an attempt by 
 the voter to follow the prior law which required the elector 
 to express his preference by cancelling or making out the 
 names of those who were not his choice is not sufficent to 
 permit the counting of such ballots by the candidate before 
 or on whose name no mark is made, under a law requiring 
 the voter to make a mark to the left of the candidate for 
 
276 ELECTION LAWS 
 
 whom he desires to vote, although it further provides that 
 if it is possible to ascertain the voter's choice as to part of 
 the ofiicers on a ballot it shall be counted, as the require- 
 ments as to making is mandatory. Van Winkle v. Grabtree 
 (1899) 34 Ore. 462, 55 Pac. 831. 47 L. R. A. 818. 
 
 Crosses indiscriminately appearing upon the face of the 
 ballots, where it is evident that such crosses were simply 
 the impressions of crosses made with a soft lead pencil, and 
 caused by the folding of the ballots, do not invalidate them. 
 State ex rel. McMilan v. Sadler (1899; Nev.) 58 Pac. 284. 47 
 L. R. A. 819. 
 
 There is a practical agreement that distinguishing marks 
 will render the ballot void; but it is not always easy to tell 
 what is a distinguishing mark. What constitutes an iden- 
 tifying mark is generally a question of fact for the trial 
 court. Welso v. Wright (1906; Iowa) 81 N. W. 805. In 
 some cases identifying marks on ballots are so apparent or 
 conclusively identifying that the court may say as matter of 
 law that they may be used for that purpose, and hence the 
 ballots should be rejected under the Iowa statutes requir- 
 ing their rejection where marked in any other way than is 
 prescribed so that they may be used for the purpose of 
 identifying the ballots; and in other cases where it is doubt- 
 ful whether they could be so used it is a question of fact for 
 the jury. Voorhees v. Arnold (1899) 108 Iowa, 77, 78 N. W. 
 795. 
 
 A ballot on which a mark or character is used, which 
 though indicating an intention to vote a particular party 
 ticket or for certain candidates, at the same time serves the 
 purpose of indicating who voted it, thereby furnishing the 
 means to designing persons of evading the law, will be re- 
 jected under the Illinois ballot law, although nothing is 
 said in that act about distinguishing marks. Parker v. Orr 
 (1895) 158 111. 609, 30 L. R. A. 227, 41 N. E. 1002. 47 L. R. A. 
 820. 
 
 Unauthorized marks not of a character to be readily used 
 for the purpose of identification, or some slight mark inad- 
 vertently placed on the ballot by reason of the voter's un- 
 skilfulness, do not require the rejection of the ballot; but 
 where the unauthorized marks are made deliberately, and 
 may be used for the purpose of identifying the ballot, il 
 should be rejected. Whittam v. Zaborik (1894) 91 Iowa, 
 23, 59 N. W. 57. 47 L. R. A. 824. 
 
 A ballot marked only with a cross at the head of a party 
 column about i inch to the left of the square for voting the 
 party ticket, cannot be counted under the North Dakota 
 statute, requiring the marking to be done in the square. 
 
STATE OF NORTH DAKOTA 277 
 
 Howser v. Pepper (1899) 8 N. D. 484. 79 N. W. 1018. 47 I.. 
 R. A. 830. 
 
 A ballot cannot be rejected because marked with a cross 
 within the margin of the line to the left and immediately 
 before the names of the candidates, where the statute does 
 not designate whether the cross shall be placed to the right 
 or the left of the candidate's name, but only provides that 
 the voter shall prepare his ballot by placing a cross opposite 
 the name of each candidate of his choice. Young v. Simp- 
 son (1895) 21 Colo. 460. 42 Pac. 666. 
 
 The marking of a ballot with a cross on the left in the 
 same compartment as the candidate's name is valid. Has- 
 well V. Stewart (1874) 1 Ct. of Sess. 925, 2 O'Malley & H 215, 
 Wigmore, p. 190. 47 L. R. A. 832. 
 
 A cross not opposite the name of any candidate requires 
 the rejection of the ballot, under the Nevada statute pro- 
 viding that any names, words, or marks, except as in the 
 act provided, shall invalidate the ballot. Dennis v. Caugh- 
 lin (1895) 22 Nev. 447, 29 L. R. A. 731, 41 Pac. 768. 47 L. R. 
 A. 833. 
 
 The marking of a ballot with a cross above or below the 
 name in the same compartment is valid. Haswell v. Stew- 
 art (1874) 1 Ct. of Sess. 925, 2 O'Malley & H. 215, Wigmore; 
 p. 190. 47 L. R. A. 833. 
 
 Ballots marked with crosses opposite the names of par- 
 ticular candidates on one ticket, and also the names of 
 some candidates on another ticket which is marked with a 
 cross in the square at the head of it, should be counted for 
 the candidate so specifically marked on the ticket, and not 
 under the marked head, as the specific intention expressed 
 by the individual markings nullifies the general intention 
 evinced by the mark at the head of the party column so far 
 as the markings of individual candidates are inconsistent 
 therewith. Howser v. Pepper (1899) 8 N. D. 484, 79 N. W. 
 1018. 47 L. R. A. 835. 
 
 A ballot containing a lead pencil mark across the name 
 of a candidate contains a distinguishing mark which pre- 
 vents its being counted, under the Indiana election law for- 
 bidding the count of a ballot containing such a mark. Sego 
 V. Stoddard (1893) 136 Ind. 297, 22 L. R. A. 468, 36 N. E. 204, 
 Sego V. State ex rel. Stoddard (1894) 136 Ind. 700, 36 N. E. 
 208. 47 L. R. A. 839. 
 
 The marking of a ballot with a cross, and with a name, 
 not the voter's, in addition, is invalid. Haswell v. Stewart 
 (1874) 1 Ct. of Sess. 925, 2 O'Malley & H. 215, Wigmore, p. 
 190. 47L. R. A. 841. 
 
278 ELECTION LAWS 
 
 A ballot on which the name of a candidate is erased and 
 another name written in should be counted for the latte'.', 
 although no cross mark of any kind appears in the square 
 opposite such name or elsewhere, under N. D. Rev. Codes, 
 Sec. 491, which provides that the voter may write or past^i 
 a name on the ballot opposite the ofiice to be voted for, and 
 such name shall be counted whether marked or not. How- 
 ser V. Pepper (1899) 8 N. D. 484, 79 N. W. 1018. 47 L. R. A. 
 841. 
 
 A ballot marked with crosses opposite the names of two 
 candidates for an office, one of which is very distinctly made 
 and the other bears unmistakable evidence of an attempted 
 erasure, is properly counted for the candidate opposite 
 whose name the distinct cross appears. Howser v. Pepper 
 (1899) 8 N. D. 484, 79 N. W. 1018. 47 L. R. A. 844. 
 
 Decision of Tie Vote at Election 
 
 In North Dakota, where, by reason of a tie vote neither 
 candidate for an office is elected, neither is entitled to the 
 certificate of election until the tie is removed, upon the 
 notice and in the manner provided for by N. Dak. Rev. 
 Code, Sec. 528, relating to the duty of the county auditor in 
 case of tie votes, and a certificate of election issued to one 
 of the candidates prior to such determination is void. How- 
 ser V. Pepper, 8 N. D. 484, 79 N. W. 1018. 47 L. R. A. 551. 
 
 It would seem that in the absence of special statutory 
 provision a tie vote creates a vacancy which can only be 
 filled by appointment of a new election under some gen- 
 eral provision with reference thereto, though in case of 
 elections held in boards and bodies of limited membership 
 the general rule giving the presiding officer a casting vote 
 in case of a tie would apply. The method which has been 
 most extensively adopted to meet the difficulty of a tie vote; 
 is by drawing lots as between the tie candidates, though in 
 New Jersey there is a provision of a selection as between 
 the tie candidates or a new eletcion in the discretion of the 
 electing body, and in Ohio there is a provision for an inde- 
 pendent appointment in case of a neglect to elect or ajj- 
 point to certain offices, which applies to a case of a tie vote. 
 By the weight of authority these statutes are not unconsti- 
 tutional, and have been enforced and given full effect, and 
 held to prevent a vacancy in case of a tie vote. A few of 
 the cases, however, have questioned their constitutionalit3% 
 prominent among which is the principal case. 47 L. R. A. 
 564. 
 
state of north dakota 279 
 
 Does "Residence," as a Qualification of Voters, Mean 
 
 "Domicil" 
 
 Whatever may be the distinction between the terms "resi- 
 dence" and "domicil," when used in other connections, it 
 has been very generally held that the term "residence" as 
 used in the various Constitutions or statutes as a qualifica- 
 tion of voters, is the equivalent of, and means no less than, 
 the term "domicil." This clearly supported by the follow- 
 ing cases: Sharp v. Mclntire, 23 Colo. 99, 46 Pac. 115; 
 French v. Lighty, 9 Ind. 477; State v. Savre, 139 Iowa, 122, 3 
 L .R. A. (N. S.) 455, 113 Am. St. Rep. 452, 105 N. W. 387; 
 Opinion of Justices, 5 Met. 587. 19 L. R. A. (N. S.) 759. 
 
 Effect of Loss or Destruction of Registry Lists 
 
 The Decision in State ex rel. Reid v. Lebleu, 28 L. R. A. 
 989, is supported by State ex rel. Hampton v. Waldrop, 104 
 N. S. 453, 10 S. E. 694, where it was held that the fact that 
 the registration book of an election precinct had been lost 
 did not invalidate the election, where the registrar procured 
 another book, and entered therein the names of those who 
 he knew had registered, together with those of subsequent 
 applicants, and it appeared that no qualified person had 
 been refused the right to vote. The court said: "The reg- 
 istration book should be present and used for the purpose:^ 
 prescribed by law at the voting place, while the election is 
 in progress, and until all the votes are received. It should 
 not — cannot — be dispensed with in any case, if it can be 
 produced; but if it be lost, destroyed by accident, or made 
 way with by fraud, or for fraudulent purposes, the mere 
 fact that, by reason of such causes, it is not present at the 
 election, as it should be, cannot deprive a registered voter 
 of his right to vote. He had registered, — had perfected his 
 right to vote by registration; he was a registered voter, as 
 much so as if the registration book were present; and while 
 the book is the proper and the better evidence of the fact, it 
 is not the only evidence. He may offer evidence of the fact, 
 if need be, by his own testimony, that of the registrar, and 
 of such person or persons as were present and saw him reg- 
 istered. If in such case, the judges of the election should 
 be satisfied that he was then properly registered, he should 
 be allowed to vote, and he should be, although it might turn 
 out that the absence of the registration book might, m some 
 way and for some cause arising, destroy the validity of the 
 election at that voting place." 28 L. R. A. (N. S.) 990. 
 
280 ELECTION LAWS 
 
 Personal Liability of an Election Officer for Rejecting 
 
 Ballots 
 
 It is a well established principle of law, in both America 
 and England, that no action is maintainable against officers 
 of election for refusing to receive a vote, if they have been 
 guilty of no malice or fraud and have exercised their best 
 judgment, though a legally qualified elector is thereby de- 
 prived of his right to vote. All the decisions supporting 
 this principle, in which there is any discussion of the ques- 
 tion, are placed upon the ground that, in passing upon the 
 qualifications of a person offering to vote, election oflicers 
 ?ct judicially, and are not infrequently called upon to de- 
 termine legal questions of great difficulty; and that to hold 
 them personally responsible in damages for a mere error 
 in judgment, even though a citizen may have been deprived 
 thereby of his rightful vote, would be not only unjust in 
 principle, but unwise in policy, for the inevitable result 
 would be to turn honest and capable men from accepting 
 an office attended with such hazard. So similar is the rea- 
 soning of these cases that it will be necessary to do no more 
 than to cite them, together with those decisions which as- 
 sert the principle without discussion. The following au- 
 thorities, therefore, will all be found to be in accord with 
 Blake v. Brothers. 11 L. R. A. (N. S.) 501. Murphy v. Ram- 
 sey, 114 U. S. 15, 29 L. ed. 47, 5 Sup. St. Rep. 747; Isaacs v. 
 McNeil, 11 L. R. A. 254, 44 Red. 32; Alden v. Hinton, 6 D. C. 
 217: Bernier v. Russell. 89 111. 60: Carter v. Harrison, 5 Black 
 f. 138; Caulfield v. Bullock, 18 B. Mon. 494. 
 
 What Objects or Purposes May be Combined in a Single 
 Question Submitted to Voters 
 
 In Hughes v. Horsky (N. D.) 122 N. W. 799, it was held 
 that under a statute providing for the submission of the 
 question of the issuance of bonds for a courthouse or jail 
 or both, when the erection of a courthouse and iail in one 
 building is contemplated, and the notice so indicates, the 
 question of issuing bonds may be submitted and voted upon 
 as one cruestion; but that when questions are presented, and 
 although they may be submitted in the same notice, it must 
 be so done that each voter may vote for or against each 
 proposition independently of the other. The court, in dis- 
 tinguishing Stern v. Fargo, 26 L. R. A. (N. S.) 665, said : "In 
 the Fargo case, we held, under the facts and law applicable 
 to that proceeding, that the submission of the question of 
 issuing bonds for part of a waterworks system and an elec- 
 tric light plant were two purposes, not naturally or neces- 
 
STATE OF NORTH DAKOTA 281 
 
 sarily connected, and that therefore they could not be sub- 
 mitted in such manner that the voter must vote for or 
 againsst l3oth propositions. After careful consideration we 
 are satisfied that the questions are not identical. The 
 statute applicable to the issuance of bonds for county build- 
 ings is materially different, and v^e think contemplates the 
 submission to the vote for or against bonds for a court- 
 house or jail together, provided the notice states that they 
 are included in the same building. * * * * The county 
 of Pierce is destitute of both courthouse and jail. They are 
 necessary means for the administration of justice and the 
 enforcement of criminal laws of the state, and in many 
 ways serve a common purpose. It is the duty of the county 
 to provide a suitable jail and a suitable place for holdin^i 
 court and for ofTices for the county officials. A jail without 
 a place for the trial of criminals would be of slight use, and 
 vice versa. Furthermore the legislature, in enacting the 
 provisions of the Code quoted, must have been aware of 
 and must have taken into consideration the custom which 
 has long prevailed in this state, though less frequently fol- 
 lowed now than in earlier times. We think that not less 
 than one-half the counties in the state have provided a jail 
 within the county courthouse. We are therefore of the 
 opinion that the question of issuing bonds for the erection 
 of a combined courthouse and jail may be properly submit- 
 ted to be voted upon as one proposition. However, where 
 the plan is to contruct separate buildings for each purposes, 
 although the statutory provisions might possibly bear the 
 the same construction, we think, for the reason given in the 
 Fargo case, that the questions of bonds for a courthouse 
 and bonds for a jail should be separately submitted. They 
 may be included in the same notice, but should be separ- 
 ately stated, and so arranged on the ballot that each may 
 be voted on independently of the other. This construction 
 will protect each voter, in all his rights, and harmonizes 
 with the reasons applied in the best-considered cases, and 
 will not be an attempted delegation of power by the voters 
 to the county commissioners." 26 L. R. A. (N. S.) 669. 
 
 Election Other Than For Selection of Officers 
 
 In Valverde v. Shattuck, 19 Colo. 104, 41 Am. St. Rep. 
 208, 34 Pac. 947, Sec. 1 of article 7 of the Constitution read 
 as follows : "Every male person over the age of twenty-one 
 years, possessing the following qualifications, shall be en- 
 titled to vote at all elections;" and then follow the qualifi- 
 cations which relate to the period of citizenship. In an ac- 
 tion to determine the validity of an act providing for the 
 annexation of certain territory to a municipality, the court 
 
282 ELECTION LAWS 
 
 held that some restriction must be placed upon the phrase 
 **all elections" as used in the section of the Constitution 
 quoted, else every person having the qualifications therein 
 prescribed might insist upon voting at every election, pri- 
 vate as well as public, and thus interfere with the affairs of 
 others in which he had no interest or concern. The court 
 said: "In our opinion the word 'elections,' thus used, does 
 not have its general or comprehensive signification, includ- 
 ing all acts of voting choice, or selection without limitation, 
 but is used in a more restricted political sense, — as elections 
 of public officers." 14 L. R. A. (N. S.) 850. 
 
 Right of Candidate Receiving the Next Highest Number of 
 
 Votes 
 
 The great weight of American authority upon this ques- 
 tion holds that, in order that a candidate may be legally 
 elected, he must receive a majority of the votes cast, and 
 that the mere fact that the one receiving the highest num- 
 ber proves ineligible confers no right to the office upon the 
 one receiving the next highest number. The votes cast fur 
 such disqualified candidate are generally held to be legal 
 votes, which may properly be counted, and which there- 
 fore require a second election in order that a candidate 
 may be chosen who is legally qualified, and who receives n 
 majority vote. 
 
 The English rule seems to be that ,if the electors have 
 sufficient notice of the ineligibility at the time of voting, the 
 next highest candidate will be elected, as the votes cast un- 
 der these circumstances are void, and not counted; and the 
 Indiana decisions, as subsequently shown, are in harmony 
 with the English doctrine, although it was not aplied iii 
 State ex rel, Clawson v. Bell, 13 L. R. A. ( N. S.) 1013, be- 
 cause the ineligibility of the candidate receiving the highest 
 number of votes was not sufficiently notorious. 
 
 Upon What Basis is the Majority to be Computed 
 
 In State ex rel. Little v. Langlie, 5 N. D. 594, 32 L. R. A. 
 723, 67 N. W. 958, the court said that the plain meaning of 
 a statute providing that, if upon the canvass of the vote il 
 shall appear that any one place "has two-thirds of the votes 
 polled," it shall be the county seat, is that all that is requir- 
 ed in such proportion of the votes polled on that question, 
 although less than the entire vote cast at a general election, 
 as there is nothing in the statute indicating that any one 
 place must receive such proportion of the votes of all the 
 voters of the county, as the use of language indicating a 
 
STATE OF NORTH DAKOTA 283 
 
 contrary intent is studiously avoided. 22 L. R. A. (N. S.) 
 483. 
 
 It was held in State ex rel. McGue v. Blaisdell (N. D.) 119 
 N. W. 360, that, in strict legal sense, the question of alter- 
 ing the boundaries of a county when voted upon at a gen- 
 eral election is submitted at a special election, and requires 
 for its adoption a majority of the votes cast on that ques- 
 tion only, although less than a majority of all cast at the 
 general election. 
 
 This doctrine was applied in Davis v. Brown, 46 W. Va. 
 716, 34 S. E. 839, where the question of changing a county 
 seat, which was submitted at the general election, required 
 the approval of three-fifths- of all votes cast at said elec- 
 tion, upon the question." The court said this language 
 isolated and specialized this particular election for that 
 purpose, and made it in effect a special election upon that 
 question. 22 L. R. A. (N. S.) 485. 
 
 Assistance in Preparing Ballots 
 
 The primary purpose and object of the Australian ballot 
 election law is to secure the independence of the elector by 
 requiring of him the exercise of his right of franchise in 
 absolute secrecy, and statutes, mandatory in their charac- 
 ter, designed to accomplish this end, are mandatory on 
 both the ofBcials and the electors. Where electors volun- 
 tarily permit other persons than the authorized or acting 
 poll clerks to assist them in the preparation of their ballots, 
 the said ballots will be held to be intentionally exposed and 
 will be rejected. Board v. Dill, 110 Pac. 1107. 29 L. R. A. 
 (N. S.) 1170. 
 
 Preservation of Ballots 
 
 The rule of law is well settled, as declared in Avery v. 
 Williams, 8 Ariz. 355, 76 Pac. 463, that where ballots have 
 been preserved in strict accordance with the statutory re- 
 quirements, so that they have in no way been tampered 
 with, they are the primary and controlling evidence of the 
 number of votes cast for the respective candidates, and ari 
 sufficient in themselves, without further evidence, to con- 
 tradict and overthrow the returns. This rule is supported 
 not only by all the authorities herein reviewed, but also by 
 the following cases, in which it appeared that the ballots 
 were preserved as required bv law, and had not been tam- 
 pered with: (People ex rel. JBudd v. Holden, 28 Gal. 123;) 
 Ferguson v. Henry, 95 Iowa, 439, 64 N. W. 292. 30 .L R. A. 
 (N. S.) 602. 
 
284 ELECTION LAWS 
 
 "Primary Elections" as Elections 
 
 A primary election does not become a part of the general 
 election by the fact that it is conducted at the same time as 
 the latter, and through the same election machinery merely 
 for the convenience and to save expense. State ex rel. Mc- 
 Cue V. Blaisdell (N. D.) 118 N. W. 141. 18 L. R. A. (N. S.) 
 413. 
 
 Conclusiveness of Certificate of Nomination 
 
 The supreme court will not exercise its original jurisdic- 
 tion merely to determine which of two candidates for a 
 county office received the greater number of votes at a nom- 
 inating election. 
 
 The supreme court will exercise its original jurisdiction 
 to determine whether or not, under a new primary election 
 law, the certificate of nomination, when once issued, is con- 
 clusive and cannot be rescinded by the canvassing board, 
 since the question is one of general importance to the stale 
 and could not be decided in the regular way in the short 
 time between the primary and general election; but the 
 court will not decide the ancillary question, which of two 
 candidates for nomination for a certain office received the 
 greater number of votes. 
 
 Mandamus may issue to determine which candidate should 
 be represented by an official ballot, even before the time for 
 the printing of the ballot arrives. State of Wisconsin ex rel. 
 Kinder v. Goff 129 Wis. 668, 109 N. W. 628. 9 L. R. A. (N. 
 S.) 916. 
 
 Constitutionality of Primary Election Laws 
 
 A primary election law regulating the manner of nomin- 
 ating candidates for public office, providing for an appoint 
 ment of judges and clerks of election by the county couri:, 
 prescribing a test for party affiliation, and directing the 
 manner of the election of committeemen, fixing their term 
 of office and specifying their duties, does not violate thai 
 section of the Constitution forbidding restraint of any of 
 the inhabitants of the state from assembling together in a 
 peaceable manner to consult for their common good and, 
 as such, being an unwarranted interferrence of party man- 
 agement, since the act merely provides for reasonable reg- 
 ulation, which is in the dominion of legislative authority. 
 I.add V. Holmes, 40 Ore. 167, 91 Am. St. Rep. 467, 66 Pac. 714. 
 22 L. R. A. (N. S.) 1137. 
 
state of north dakota 285 
 
 Power of State to Impose Qualifications 
 
 Under our system of government, the power to determine 
 the qualifications that must be possessed by those persons 
 who sliall be entitled to vote at elections resides in the 
 states. Among the absolute, unqualified rights of the states 
 is the right of regulating the elective franchise. The United 
 States have no voters of their own. Nor has the constitution 
 of the United States given to the Congress the power to pre- 
 scribe qualifications for electors in the states. The only re- 
 striction upon the power of the states to fix the qualifica- 
 tions of voters is that imposed by the fifteenth amendment 
 to the constitution of the United States, which forbids any 
 discrimination "on account of race, color, or previous con- 
 dition of servitude:" McCrary on Elections, 2n ed., sees. 
 1-3; Morse on Citizenship, sec!^ 3; Minor v. Happersett, 21 
 Wall. 162; United States v. Cruikshank, 92 U. S. 542; United 
 States V. Reese, 92 Id. 214; Van Valkenburg v. Brown, 43 
 Cal. 43; Anderson v. Baker, 23 Md. 531; Huber v. Reily, 53 
 Pa. St. 115; Ridley v. Sherbrook, 3 Cold. 569; State v. Staten, 
 6 Id. 233; Story on Constitution, sees. 581-582. The powe- 
 of the state to determine the class of inhabitants who may 
 vote is not curtailed by the fourteenth amendment to the 
 constitution of the United States. The elective franchise 
 is not one of the privileges or immunities mentioned in the 
 first section of that amendment; Van Valkenburg v. Brown, 
 43 Cal. 43. In the case of Dred Scott v. Sandford, 19 How. 
 393, it was said by the majority of the court that a state 
 may, by its laws passed since the adoption of the constitu- 
 tion of the United States, put a foreigner or any other de- 
 scription of persons upon the same footing with its own 
 citizens as to all the rights and privileges enjoyed by them 
 within its dominions. But that will not make him a citizen 
 of the United States, nor entitle him to sue in its courts, nor 
 to any of the privileges and immunities of a citizen in an- 
 other state. The fifteenth amendment to the federal con- 
 stitution has invested citizens of the United States with a 
 new constitutional right, which is exemption from discrim- 
 ination in the elective franchise on account of race, co1ol% 
 or previous condition of servitude: United States v. Reese, 
 92 U. S. 214; Van Valkenburg v. Brown, 43 Cal. 43. Its effect 
 was to render absolutely null and void all provisions of a 
 state constitution or of a state law that were in conflict witli 
 it, or with any act of Congress passed to enforce it, which 
 is appropriate to that purpose; McCrary on Elections, 2d 
 ed., sec. 2; Van Valkenburg v. Brown, 43 Cal. 43; Wood v. 
 Fitzgerald, 3 Or. 568. There is one way in which Congress 
 may affect the number of voters in a state. It may as a 
 penalty impose upon a criminal the forfeiture of his citi- 
 
286 ELECTION LAWS 
 
 zenship of the United States, and then if the state constitu- 
 tion allows only citizens of the United States to vote, sucli 
 disfranchised persons will be deprived of the right to vote 
 in such state: Ruber v. Riley, 53 Pa. St. 112. 97 Ame-. 
 Dec. 263. 
 
 Constitutionality of Registration Laws 
 
 The theory upon which the validity of laws for registra- 
 tion is sustained, is as is stated in the following cases : The 
 constitution prescribes who are to have certain privileges; 
 the legislature has authority to establish means whereby/ 
 those who are entitled to these privileges may be ascer- 
 tained. The registry is but evidence of the possession of a 
 right, of the fact that those whose names it contains have 
 shown that they have the qualifications required by the 
 fundamental law of the state. It is no restriction upon the 
 right itself that men should be asked to furnish evidence of 
 it. And with this understanding of registration laws, they 
 have been repeatedly passed and pronounced constitution- 
 al: Byler v. Asher, 47 111. 101; Edmonds v. Banbury, 28 
 Iowa, 267; S. C, 4 Am. Rep. 177; Auld v. Walton, 12 La. An. 
 129; Hyde v. Brush, 34 Conn. 454; State v. Baker, 38 Wis. 
 71; Paterson v. Barlow, 60 Pa. St. 54; Monroe v. Collins, 17 
 Ohio St. 665. That this is not the only evidence of the fact 
 of being a qualified elector is expressly stated in those coq- 
 stitutional provisions above referred to, which say that the 
 right to vote shall not be dependent upon a prior registra- 
 tion. And the statutes of those states, and some others, 
 provide for the giving of other evidence, such as the pro- 
 duction of an affidavit at the polls, the oath of householders 
 of the district, and the like. 23 Amer. Dec. 642. 
 
 What Irregularities Will Avoid Elections 
 
 The numerous election contests of recent years particu- 
 larly have served to quite firmly establish the rules govern- 
 ing elections, and to ascertain the character of irregulari- 
 ties which are essential to avoid an election. The tendency 
 is clearly and distinctly noticeable to sustain the validity 
 of an election if by any possibility this can be done. Elec- 
 tions should never be held void, unless clearly illegal: State 
 v. Freeholders, 35 N. J. L. 269. And this principle has in- 
 duced the courts to declare the provisions of election laws 
 to be directory only, and not mandatory, in every case where 
 ibis could legitimately and reasonably be done. The tren 1 
 of American authority is summed up thus by the supreme 
 court of Indiana in a recent case: "All the provisions oi 
 the election law are mandatory if enforcement is sought 
 
STATE OF NORTH DAKOTA 
 
 287 
 
 before election in a direct proceeding for that purpose; but 
 after election all should be held directory only, in support 
 of the result, unless of a character to effect an obstruction 
 to the free and intelligent casting of the vote, or to the as- 
 certainment of the result, or unless the provisions affect an 
 essential element of the election, or unless it is expressly 
 declared by the statute that the particular act is essential 
 to the validity of an election, or that its omission shall ren- 
 der it void:" Jones v. State, 153 Ind. 440, 55 N. E. 229. The 
 same doctrine has been expressed in numerous decisions. 
 See, especially, Taylor v. Taylor, 10 Minn. 107; Russell v. 
 McDowell, 83 Gal. 70. 23 Pac. 183; Fowler v. State, 68 Tex. 
 30, 3 S. W. 255. In these last two cases it was pointed out 
 that it was only those provisions of election laws relating 
 to the time and place of holding elections, the qualifications 
 of voters, and such others as are made essential prerequi- 
 sites to the validity of an election that are mandatory. All 
 ethers are directory merely. 90 Am. St. Rep. 49. 
 
Cross Index, 
 
 For the convenience of the user of this election pamphlet 
 a thorough cross index has been prepared. Every paragraph 
 or item is indexed under at least four different letters, so 
 that whatever is being sought may be found with ease and 
 readiness. 
 
 A 
 
 Page 
 Absent voters 243 
 
 Absent voter ballots, how printed 243 
 
 Absent voter ballot, form of application for 243 
 
 Absent voter, ballots for, sent how 244 
 
 Absent voter, affidavit of, certificate as to : 244 
 
 Absent voter ballot, manner of marking 245 
 
 Absent voter ballot, care of, by the county auditor 245 
 
 Absent voter ballot, transmission of, to the election inspector 245 
 
 Absent voter ballot, manner of voting the 246 
 
 Absent voter ballots, void or rejected 246 
 
 Absent voter ballots furnished by the county auditor, when 246 
 
 Absent voter privilege, penalty for violating the 247 
 
 Absent voter, when to apply for the ballot 243 
 
 Abstract of the voters 155 
 
 Abstract of the votes to be forwarded by the county auditor -— 157 
 
 Abstract of the votes to be filed by the secretary of state 157 
 
 Abstract of primary election votes filed with the secretary of state 218 
 
 Act, primary election, valid 222 
 
 Actual contributors names, election privileges act 226 
 
 Addresses of the voters, election privileges act. 225 
 
 Adjournment of the state canvassing board 158 
 
 Advertisement of constitutional amendments 147 
 
 Advertising, political, labeled paid, election privileges 228 
 
 Advising unqualified voting, penalty 198 
 
 Affidavits of candidates at the primary election 205 
 
 Affidavits of the absent voter, certificate as to 224 
 
 All township candidates on one ballot 194 
 
 Aliens, their rights 38 
 
 Amendments, constitutional, certificates as to 160 
 
 Amendments, constitutional, vote on, record of 160 
 
 Amendments, constitutional, to be advertised 147 
 
 Amendments to the North Dakota Constitution, proposed 120 
 
 Announcement, immediate, of the election returns. Canvass 152 
 
290 INDEX 
 
 Page 
 
 Announcement of the result of a township election 194 
 
 Announcements, political, rates for 232 
 
 Annual township meetings, held when 190 
 
 Answer to notice in legislative election contest 173 
 
 Answer to notice of contest of election 160 
 
 Appeal as to contest of nomination at Primary election 220 
 
 Appeals in contest of election cases 168 
 
 Appeals in contest cases, civil procedure when 169 
 
 Appeals to the supreme court in election contest cases 169 
 
 Appearance by parties to the election contest 171 
 
 Application blank for the absent voter ballot, how obtained 244 
 
 Application, form of, for absent voter ballot 243 
 
 Application for ballots by the absent voter, made when 243 
 
 Application must state the grounds for the contest of election 170 
 
 Appointment of election officers 136 
 
 Appointment, pre-election promises of, election privileges act 226 
 
 Arrangements of names on the primary election ballot 214 
 
 Arrangement of names, tally books at the primary 216 
 
 Arrangement of names on the general election ballot 141 
 
 Arrest for disturbing an election, not a defence 201 
 
 Arrest, summary, for disobeying an election officer 200 
 
 Articles on election contests, how construed 169 
 
 Attendance at election contest case, compelled when 174 
 
 Attendance, preventing, at a public meeting of electors 199 
 
 Auditor, county, to forward abstract of the votes 157 
 
 Auditor, county, care of absent voter ballot by-_ 245 
 
 Auditor, county, absent voter ballots furnished to, when 247 
 
 Auditor, duty of, as to tie vote 156 
 
 Auditor to deliver the poll books 143 
 
 Auditor to furnish the ballots 142 
 
 Auditor to publish fact of nominations 146 
 
 Auditor to provide printed ballots 139 
 
 B 
 
 Ballot, absent voter, application blank for. How obtained 244 
 
 Ballot, absent voter, care of by the county auditor 245 
 
 Ballots, absent voter, furnished the county auditor, when 247 
 
 Ballot, absent voter, manner of voting the 246 
 
 Ballots, absent voter, void or rejected 246 
 
 Ballot, absent voter. Form of application for 243 
 
 Ballots, absent voter. How printed 243 
 
 Ballot, absent voter, transmission of, to the inspector 245 
 
 Ballots, application for, by absent voter 243 
 
 Ballots and box, examined when 149 
 
 Ballots at the primary, form of 211 
 
 Ballot boxes 144 
 
 Ballot, certain township officers to be elected by 193 
 
 Ballots, certain, posted 143 
 
INDEX 291 
 
 Page 
 
 Ballots for absent voter, sent how 244 
 
 Ballots for national delegates issued by the Sec. of State 234 
 
 Ballots, how delivered 143 
 
 Ballots, how prepared , 139 
 
 Ballot, names arranged how 141 
 
 Ballot, name omitted from. Failure to file statement 228 
 
 Ballot, non partizan judiciary 230 
 
 Ballot, no party, in municipal election 186 
 
 Ballot, official, how given to the elector 149 
 
 Ballots of women to be deposited in separate box 151 
 
 Ballot, official, names placed thereon 219 
 
 Ballots or boxes, destroying 201 
 
 Ballots prepared by the County Auditor 142 
 
 Ballot, primary, arrangement of the names on 214 
 
 Ballots, primary election, prepared how 214 
 
 Ballot, primary election, vacancies on, how filled 219 
 
 Ballot, primary election, error as to, how corrected 220 
 
 Ballot, primary, vacancies on, filled by party committee 213 
 
 Ballot, secret, Elctioneering prohibited 164 
 
 Ballot spoiled by the elector 150 
 
 Ballot to be deposited by the judge 150 
 
 Ballots to be printed and distributed, public expense 138 
 
 Ballots, township, to be deposited by the judges 194 
 
 Ballot, unstamped, penalty ^or depositing 164 
 
 Ballots, when void 152 
 
 Betting upon election, how punished 196 
 
 Blanks to be transmitted by the Secretary of State 144 
 
 Board, canvassing, state, duty of 158 
 
 Board of canvassers, how constituted 156 
 
 Board of Registry, time of meeting 176 
 
 Board of registration, second meeting 177 
 
 Board of registry has power to preserve order 180 
 
 Board of registry, members of, compensation of 180 
 
 Bona fide candidacy, under election privileges act 229 
 
 Booths, election, false swearing. Penalty 151 
 
 Booth to be occupied by one person only 150 
 
 Boundaries of election precincts 135 
 
 Box and ballots, examined when 149 
 
 Boxes, ballot 144 
 
 Bribes, giving or receiving by electors, penalty for 195 
 
 Bribing election officers 202 
 
 Bribing or infiuencing an elector, disfranchisement for 202 
 
 Bribery hearing, witness to, not excused 202 
 
 C 
 
 Calendar, election 16 
 
 Campaign contributions by corporations prohibited under election 
 privileges act 227 
 
292 INDEX 
 
 Page 
 Campaign expenses, general election, limited under election privileges 
 act 226 
 
 Campaign expenses, primary, limited under the privileges act 224 
 
 Candidacy bona fide, under election privileges act 229 
 
 Candidates at primary election. Affidavit as to 205 
 
 Candidates, certified list of, issued by the Secretary of State 236 
 
 Candidates, eleigibility of, at the primary 211 
 
 Candidates, filing of the petition of, at the primary 210 
 
 Candidates for the primary, posting notices as to.: 236 
 
 Candidates for national delegates to file petitions 234 
 
 Candidates, list of, publication of 236 
 
 Candidates names, publication of, before the primary 236 
 
 Candidates, petition of, at the primary 209 
 
 Candidates statement under the privileges act. Publicity Pamphlet-- 224 
 
 Candidates, township, all to be on one ballot 194 
 
 Candidates name in one column only 141 
 
 Canvassing board, member of disqualified 157 
 
 Canvassers, board of, how constituted 156 
 
 Canvassing board, state, meeting of 158 
 
 Canvassing board, state, duty of 158 
 
 Canvassing board, state, adjournment of 158 
 
 Canvass of votes to be public 158 
 
 Canvassers, how to proceed 161 
 
 Canvassed, what returns shall be ^ 161 
 
 Canvassing board, state, duty of, as presidential electors 159 
 
 Canvassing board, duty of, in regard to defective election returns 161 
 
 Canvass and returns of election to fill vacancies 163 
 
 Canvass, result of, to be immediately announced 152 
 
 Canvass of votes 151 
 
 Canvass of township votes, manner of 194 
 
 Canvassing or certifying, falsely 202 
 
 Canvass of the votes at the primary. Polls open when 216 
 
 Canvassing, county, board, for the primary 217 
 
 Canvassing board, statement, for the primary election 217 
 
 Canvassers, state board of, for the primary election 218 
 
 Canvassers, state board of, statement of, as to result of the primary. __ 219 
 Canvassing board, county, meeting for canvass of votes under the 
 
 primary election national delegates act 234 
 
 Canvassing board, state, canvassing for national delegates 234 
 
 Cards of instruction 138 
 
 Care of the absent voter ballot by the auditor 245 
 
 Caucus, unlawful voting at. Penalty 203 
 
 Certain township officers to be elected b^ the ballot 193 
 
 Certificate as to nomination by the Secretary of State 146 
 
 Certificate as to result of canvass of votes 159 
 
 Certificate as to constitutional amendments 160 
 
 Certificate as to absent voter. Affidavit 244 
 
 Certificate of Governor as to costs of a removal action 242 
 
INDEX 293 
 
 Page 
 
 Certificates of nomination, where filed 144 
 
 Certificate of nomination to contain but one name 144 
 
 Certificate of nomination, When filed '. 145 
 
 Certificates of election 155 
 
 Certificates of election, Secretary of State to issue 159 
 
 Certificate of members of congress 159 
 
 Certificate of election, form of 160 
 
 Certificates of election as to legislative members 160 
 
 Certificate of board hearing contest cases 171 
 
 Certificates of nomination, false. Suppressing 201 
 
 Certified list of candidates under primary issued by the Sec. of State.- 236 
 
 Certifying or canvassing, falsely 202 
 
 Challenge, duties of election officers 138 
 
 Challenges, misconduct of judges as to 202 
 
 Challenge to township voter 193 
 
 Charges against an officer must be laid before the Governor 239 
 
 Charges against an officer are stated in the complaint 239 
 
 Charitable contributions by candidates, under election privileges 
 
 act 226 
 
 City Auditors, notify officers, elected or appointed 182 
 
 Citizenship statutes relating to 36 
 
 Citizenship, and naturalization 38 
 
 Clerks, poll 138 
 
 Clerk of election, duty of 179 
 
 Clerk to keep poll lists 138 
 
 Clerk, township, to give notice of meeting 192 
 
 Column, one, only for the candidates name 141 
 
 Commissioner in removal action to file oath of office 241 
 
 Commissioner, fees paid to, in removal action 241 
 
 Commissioners, municipal, how elected 185 
 
 Commissioner, special, to take and report testimony against officer 239 
 
 Committees, county and state, under the primary, time and place of 
 
 meeting 222 
 
 Committees, county and state, under the primary, how selected 222 
 
 Committees, part5% what, continue under the primary 222 
 
 Committeemen, precinct, how elected under the primary 222 
 
 Communicating offer, penalty : 196 
 
 Compensation of election oflacials . 165 
 
 Compensation of officers for making returns of vote 153 
 
 Compensation of members of board of registry 180 
 
 Complaint against the ofllcer must state the charge 239 
 
 Complaint against officers must be laid before the Governor 239 
 
 Complaint against oflEicer under removal action, copy of 240 
 
 Congressional districts 19 
 
 Congress, members of, certificates of election 159 
 
 Constitutional amendments, etc. Certificates as to 160 
 
 Constitutional amendments to be advertised 147 
 
 Constitutional amendments, vote on, record of 160 
 
294 INDEX 
 
 Page 
 
 Constitution of the United States 21 
 
 Constitution of the State of North Dakota 58 
 
 Construction of article on contests IfJO 
 
 Constructive false statements as to registration 199 
 
 Contents of the poll books 143 
 
 Contents of the statement of the canvassing board at the primary 217 
 
 Contest, answer to, notice of 166 
 
 Contest, appeals in, to the Supreme Court IQO 
 
 Contest, article on. How construed 169 
 
 Contest, application to state grounds of 170 
 
 Contest board, members of, per diem and mileage of 172 
 
 Contest cases, appeals in 163 
 
 Contest case, attendance at, compelled only in county 174 
 
 Contest cases, depositions, notice to take 173 
 
 Contest cases, depositions in, taken without notice 173 
 
 Contest case, effect of failure of petitioner to appear 172 
 
 Contest cases, examination of witnesses in 174 
 
 Contest cases, failure to attend and testify, penalty.- ._ 174 
 
 Contest cases, fees of witnesses and officers in 175 
 
 Contest cases, final hearing of, how determined 172 
 
 Contest cases, hearing of. How conducted 171 
 
 Contest cases, no legislative expense in 175 
 
 Contest cases, papers in, to be attached to deposition 175 
 
 Contest cases, production of papers may be required in 175 
 
 Contest cases, subpoena in. How served 174 
 
 Contest cases, testimony in, forwarded to Secretary of State 175 
 
 Contest cases, taking of testimony may be adjourned 175 
 
 Contest cases, testimony in must be reduced in writing 174 
 
 Contest cases, testimony in, must be confined to issue 174 
 
 Contest cases, testimony in. Taken when 173 
 
 Contest, testimony taken when and where 174 
 
 Contest, determination of board hearing, how certified 171 
 
 Contest commencement, time limit for, under election privileges act_- 229 
 
 Contest, contestant may apply to the court 170 
 
 Contest of election for removal of county seat 167 
 
 Contest of nomination at the primary, appeal 220 
 
 Contest of presidential electors elections, what court 170 
 
 Contest, in legislative election, notice of 172 
 
 Contest in legislative elections, answer to notice of 173 
 
 Contest may be brought by whom 166 
 
 Contest may be tried by referee 168 
 
 Contest, notice to party contested, how given 170 
 
 Contest, notice of. How served 165 
 
 Contest, parties to, appearance by 171 
 
 Contest, provision of code of civil procedure applicable when 169 
 
 Contest proceedings, costs of, taxation of 172 
 
 Contest, surety for costs of, must be furnished 168 
 
 Contest, testimony procedure in case of 167 
 
^ INDEX 295 
 
 Page 
 Contest, trial of 167 
 
 Contestant may apply to court in contest cases 170 
 
 Contributing money for election, how punished, exceptions 197 
 
 Contributors' name entered, actual, under election privileges act 226 
 
 Contributions, charitable, by candidates, under election privileges 
 
 act 226 
 
 Contributions for political purposes by corporations prohibited 237 
 
 Convicted felon. Denied a vote 198 
 
 Corporations, contributions by, for political purposes prohibited 237 
 
 Corporations prohibited from giving campaign contributions under 
 
 election privileges act 227 
 
 Corrupt practice, penalty for, under election privileges act 227 
 
 Corrupt practices act 237 
 
 Corrupt practice, contributions by corporations prohibited 237 
 
 Corrupt practice act, no excuse from testifying under 237 
 
 Corporation responsible for act of officer or agent under corrupt pract- 
 
 tice act . 238 
 
 Corrupt practice act, corporation responsible for act of agent under 238 
 
 Corrupt practice act, punishment for advising violation of 238 
 
 Corrupt practice act, prosecution under, where brought 238 
 
 Corrupt practice, under election privileges act, Forfeiture of office of 
 
 nomination ! 229 
 
 Cost of contest proceedings, taxation of 172 
 
 Costs of contest. Surety for must be furnished 168 
 
 Costs of action for removal of officer, assessed how. 242 
 
 County auditor to provide blank registers and blanks 180 
 
 County and legislative candidates for the primary 209 
 
 County canvassing board for the primary 217 
 
 Counties, two or more, in the primary election district, when 218 
 
 County and state committees under the primary, how selected 222 
 
 County Auditor to prepare ballots 142 
 
 County commissioners to provide ballot boxes 144 
 
 County Auditor makes publication of nominations 146 
 
 County Auditor to forward abstract of votes 157 
 
 Court decisions affecting elections 248-287 
 
 County seat, removal of, contests of election for 167 
 
 Court districts 20 
 
 Court, terms of 20 
 
 Courts for trial of presidential electors contests. 170 
 
 Court may hear application of contestant in contest case 170 
 
 Crimes against the elective franchise 195 
 
 Criminal acts. Questions submitted to voters 203 
 
 D 
 
 Dates, election 16 
 
 Date of the general election : 133 
 
 Date of publication 146 
 
296 INDEX 
 
 Page 
 Decision as to a tie vote 155 
 
 Decisions, court, affecting elections 248-287 
 
 Declination of nomination by the nominee 146 
 
 Defective returns, duty of the canvassing board. Penalty 161 
 
 Defence, arrest for disturbing an election not a 201 
 
 Defence, irregularities as to election duties no 203 
 
 Defination of an election 202 
 
 Defrauding an elector of his vote 197 
 
 Delegates, national, primary election of 233 
 
 Delegates, national, canvassing votes for, County board 234 
 
 Delegates, national, state canvassing board 234 
 
 Delegates, national, candidates for, file petitions 234 
 
 Delegates, national, ballots for, issued by the Secretary of State 234 
 
 Delegates, national, primary election for, held when_. 235 
 
 Delegates, national, traveling expenses of 235 
 
 Delivery of the ballots. 143 
 
 Delivery of the poll books 143 
 
 Depositing of the ballot by the judge 150 
 
 Depositions of non resident witness may be taken in contests 174 
 
 Depositions in contests, taken without notice on stipulation 173 
 
 Depositions notice to take, in contest cases 173 
 
 Destroying ballots or boxes 201 
 
 Destroying supplies, lists or cards 201 
 
 Determination of the final hearing in contest cases 172 
 
 Determination of boards hearing contests, how certified 171 
 
 Directory of the state officials 5 
 
 Disability of the elector 150 
 
 Disfranchisement for bribing or influencing an elector 202 
 
 Disobedience of elecLion officers 200 
 
 Disobedience of election officers, summary arrest for 200 
 
 Disqualification of a member of the canvassing board 157 
 
 Disqualification of the election officer 136 
 
 Distribution of the ballots ._ 138 
 
 Districts and precincts, municipal election 181 
 
 Districts, congressional 19 
 
 Districts, judicial 20 
 
 Districts, legislative 18a 
 
 District Court, term of 20 
 
 District, primary election. When two or more counties in 218 
 
 Disturbance of a public meeting of electors 199 
 
 Disturbing an election, violence 200 
 
 Disturbing an election, arrest for, not a defence 201 
 
 Devision of a legislative district subsequent to an election 163 
 
 Double voting or offer, penalty for 197 
 
 Duties of the judges and inspectors at the primary 211 
 
 Duties of the election officers 136 
 
 Duty of the judge and inspector to challenge 138 
 
 Duty of the canvassing board 158 
 
INDEX 297 
 
 Page 
 
 Duty of the Governor in case of certain vacancies 163 
 
 Duty of the clerks of the election 179 
 
 Duty of the township moderator. Reconsideration of the vote 193 
 
 Duty of the township clerk . 195 
 
 E 
 
 Effect of municipal elections 182 
 
 Election booths, False swearing, Penalty 151 
 
 Election, betting upon, penalty 196 
 
 Election calendar 16 
 
 Election certificates 155 
 
 Election, certificates as to. Secretary of State to issue 159 
 
 Election certificate, form of 160 
 
 Election certificate as to legislative members 160 
 
 Election, court decisions effecting 248-287 
 
 Election day, selling liquor on 203 
 
 Election defined 202 
 
 Election, disturbing, arrest for, not a defense 201 
 
 Election duties. Irregularities as to, no defense 203 
 
 Election, informality in returns disregarded 161 
 
 Election Law, primary 205 
 
 Election laws, violation of, penalty for 165 
 
 Election, members of congress, certificates as to 159 
 
 Elections municipal, biennial 183 
 
 Elections, municipal, time and place of 181 
 
 Election notice, how given 148 
 
 Election notice to be published 148 
 
 Election officers, their duties 136 
 
 Election oflEicials, compensation of 165 
 
 Election officers, disobedience of 200 
 
 Election officer, disobedience of. Summary arrest 200 
 
 Election officers, bribing 202 
 
 Election officers, oath of office— 138 
 
 Election precincts 135 
 
 Election, polls of, opened and closed when 149 
 
 Election, primary, for national delegates, when held 235 
 
 Election privileges act 224 
 
 Election provisions, general, what, applicable to the primary 215 
 
 Election, result of, proclaimed by the Governor 161 
 
 Election returns, mutilation of. Penalty . 204 
 
 Election supplies, examined when 149 
 
 Election supplies 138 
 
 Election, violence disturbing 200 
 
 Election, what constitutes 134 
 
 Electioneering prohibited. Secret ballot 164 
 
 Elector, bribing or influencing, Disfranchisement for 202 
 
 Elector, defrauding as to vote 197 
 
298 INDEX 
 
 Page 
 Elector, disability of 150 
 
 Elective Franchise, crimes against 195 
 
 Elector, giving or receiving bribes, penalty 195 
 
 Elector, illegal influence, penalty 196 
 
 Elector intimidating 199 
 
 Elector may vote before leaving the county 246 
 
 Elector may write name of candidate on ticket 139 
 
 Electors, notice to by the clerk, what to contain 192 
 
 Electors of the township, powers of 191 
 
 Electors, presidential, canvass of votes as to 159 
 
 Electors, presidential, convene when 163 
 
 Electors, presidential, per diem and mileage of 164 
 
 Electors, presidential. Contest of, what court 170 
 
 Electors, public meeting of. Preventing 199 
 
 Electors, violence, threats ,etc 200 
 
 Eligibility of candidates at the primary 211 
 
 Enrollment and registration books for primary election 207 
 
 Enrollment of name on primary day 208 
 
 Error as to the primary election ballot. How corrected 220 
 
 Error in publication, how corrected 148 
 
 Examination of ballots and box at opening of polls 149 
 
 Examination of witnesses in contest cases 174 
 
 Exceptions, contributing money for elections . 197 
 
 Expense of voting. Transportations prohibited under election privi- 
 leges act 228 
 
 Expenses, primary campaign, limited under privileges act 224 
 
 Expenses, traveling of the national delegates 235 
 
 F 
 
 Failure of ofRcer to perform duty, penalty for 164 
 
 Failure of petitioner to appear. Effect of, in contest cases 172 
 
 Failure to attend and testify in contest cases. Penalty 174 
 
 Failure to file statement. Name omitted from ballot 228 
 
 Failure to qualify, new municipal election 182 
 
 Failure to elect, township meetings, proceedings of 195 
 
 False statement preventing registration 199 
 
 False certificates of nomination. Supresssing certificate 201 
 
 False poll list 201 
 
 False statements as to registration, constructive 199 
 
 False swearing. Election booths. Penalty 151 
 
 Falsely canvassing or certifying 202 
 
 Fees for filing a petition for primary election 205 
 
 Fees of officers and witnesses in contest cases 175 
 
 Fees paid to commissioner taking testimony in removal action 241 
 
 Fees under the primary law paid to the county 221 
 
 Felon, convicted. Denied a vote 198 
 
 Filing of certificates of nomination 144 
 
INDEX 299 
 
 Page 
 
 Filing of abstract of votes by the Secretary of State 157 
 
 Filing of register 179 
 
 Filing fee and pledge of candidates for the primary 209 
 
 Filing of the petition of the candidate at the primary 210 
 
 Filing of vacancies on the ticket 146 
 
 Filing of vacancy on ticket after printed 147 
 
 Final hearing of contest cases, how determined 172 
 
 Forfeiture of office or nomination under election privileges act. Cor- 
 rupt practice 229 
 
 Form of election notice 148 
 
 Form of certificate of election 160 
 
 Form of petition in municipal elections 190 
 
 Form of the ballots used at the primary election 211 
 
 Form of petition under the primary law 211 
 
 Form of application for the absent voter ballot 243 
 
 G 
 
 General election campaign expenses limited under election Privileges 
 
 act 226 
 
 General election laws 132 
 
 General election, when held 133 
 
 General Penalty for violation of provisions of election privileges act-- 229 
 
 Giving of ofllcial ballot to the elector 149 
 
 Good faith of voter. Given in evidence 203 
 
 Governor, duty of, in case of certain vacancies •_ 163 
 
 Governor issues proclamation as to result of the election 161 
 
 Governor, certificate of, as to costs of action for removal of ofllcer 242 
 
 H 
 
 Hearing of contest cases, how conducted 171 
 
 Hearing, time and place of, in action for removal of officer 240 
 
 Held, when. Primary election 205 
 
 Highest number elects 134 
 
 I 
 
 Illegal infiuence, elector, penalty 196 
 
 In case elector spoils the ballot 150 
 
 In case of the disability of the elector 150 
 
 In case nominee declines, certificate void 146 
 
 Indian voters, their rights ■ 134 
 
 Indorsement of election returns by the Secretary of State- 162 
 
 Informality in returns disregarded 161 
 
 Initiative, municipal 188 
 
 Inspector challenge 138 
 
 Inspectors of election in unorganized townships 137 
 
:ioo 
 
 INDEX 
 
 Page 
 
 Inspectors of election 136 
 
 instrucaon to be printed 143 
 
 Intent of the primary election law 205 
 
 Interference, lawful. Rights of an officer 203 
 
 Intimidating electors 199 
 
 Invalidity of certificates. When 146 
 
 Irregularities as to election duties no defense 203 
 
 Issue, testimony must be confined to, in contest cases 174 
 
 Itemized statements filed under election privileges act 226 
 
 J 
 
 Judges and inspectors at the primary election, duty of 211 
 
 Judges of election 136 
 
 Judges, conduct of, as to challenges 202 
 
 Judge to challenge 138 
 
 Judges to deposit ballot in box 150 
 
 Judges to deposit township ballots 194 
 
 Judges to canvass the township votes 194 
 
 Judiciary ballot, non partizian 230 
 
 Judicial districts 20 
 
 Judiciary, non-partizian, act 230 
 
 Judges and clerks of municipal election, oaths and duties of 182 
 
 L 
 
 Legislative and county candidates for the primary 209 
 
 Legislative districts 18 
 
 Legislative district divided subsequent to election 163 
 
 Legislative elections, contest in, notice of 172 
 
 Legislative members, certificates of election as to 160 
 
 List of the officers to be nominated at the primary 215 
 
 List of candidates. Publication of, before the primary 236 
 
 Liquor, selling, on election day 203 
 
 M 
 
 Manner of canvassing township votes 194 
 
 Manner of marking the absent voter ballot 245 
 
 Manner of voting the absent voter ballot 246 
 
 Marking, manner of, absent voter ballot 245 
 
 Meeting of the state canvassing board 158 
 
 Meetings, township, annual, when held 190 
 
 Meetings, township, special, held when 192 
 
 Meetings, township, notice of to be given by the clerk 192 
 
 Member of canvassing board disqualified 157 
 
 Members of congress, certificate as to election 159 
 
 Members of congress, district 19 
 
INDEX 301 
 
 Page 
 
 Members of contest board, mileage and per diem of 172 
 
 Mileage and per diem of Presidential electors 164 
 
 Mileage and per diem of members of contest board 172 
 
 Minutes of township meeting to be filed 194 
 
 Misconduct of judges, Challenges 202 
 
 Mode of conducting township meetings 192 
 
 Money for elections, contributing, how punished, exceptions 197 
 
 Moderator, township, duty of, Reconsideration of the vote 193 
 
 Municipal commissioners, how elected 185 
 
 Municipal elections, biennial 183 
 
 Municipal election district and precincts 181 
 
 Municipal elections, effect of 182 
 
 Municipal elections, no party ballot 186 
 
 Municipal elections, form of petition 190 
 
 Municipal elections, time and place of 181 
 
 Municipal election, tie vote, how decided 182 
 
 Municipal election, what elects in 182 
 
 Municipal initiative 188 
 
 Municipal nominations, how made 186 
 
 Municipal office, when deemed vacant 183 
 
 Municipal office, term of, commences when 183 
 
 Municipal recall 187 
 
 Municipal referendum . 189 
 
 Municipal recall ; 183 
 
 Municipal vacancies, election to fill 185 
 
 Must vote the party ballot at the primary 213 
 
 Mutilating election returns. Penalty 204 
 
 N 
 
 Names arranged on ballot, how 141 
 
 Names, arrangement of, on the primary election ballot 214 
 
 Names, arrangement of. Tally books at the primary 216 
 
 Names, candidates, publication of before the primary 236 
 
 Names of state officers 5 
 
 Names of voters on poll list 138 
 
 Name of candidate on ticket, when written 139 
 
 Name of candidate in one column 141 
 
 Name on certificate of nomination 144 
 
 Names of actual contributors entered, under election Privileges Act-- 226 
 
 Names on the primary ballot, how received 210 
 
 Names omitted from ballot, failure to file statement 228 
 
 Names placed on the official ballot 219 
 
 Names to be published. Error how corrected 148 
 
 Name, when person may cause, to be enrolled on primary day 208 
 
 National delegates, ballots for, issued by the Secretary of State 234 
 
 National delegates, primary election of 233 
 
 National delegates, county canvassing board canvassing votes for 234 
 
302 INDEX ' 
 
 .J Page 
 
 National delegates, state canvassing board canvassing votes for 234 
 
 National delegates, traveling expenses of 235 
 
 New Municipal election on failure to qualify 182 
 
 Newspaper rates that can be charged for political announcements 232 
 
 Naturalization laws of the U. S 38 
 
 No civil process served on election day 165 
 
 No legislative expense in the matter of contest cases 175 
 
 No party ballot in municipal election 186 
 
 No person excused from testifying under the corrupt practice act 237 
 
 Nomination by stickers at the primary 211 
 
 Nomination at the primary, how contested, appeal 220 
 
 Nomination certificates where filed , 144 
 
 Nomination certificates to contain one name 144 
 
 Nomination certificate, when filed 145 
 
 Nominations certified by the Secretary of State 146 
 
 Nomination, certificate of, Suppressing 201 
 
 Nomination for U. S. Senator at the primary 214 
 
 Nominations, municipal, how made 186 
 
 Nomination, percentages of votes required for, at the primary 214 
 
 Nominations to be published 146 
 
 Nominee declines, certificate void 146 
 
 Non partizan judiciary ballot 230 
 
 Non partizan school ofllcers act 231 
 
 Non partizan judiciary act ^ 230 
 
 Not repealed by primary law, what statutes 221 
 
 Notice of election to be published. Form. Posted when 148 
 
 Notice of meeting given by the township clerk 192 
 
 Notice of contest, how served 165 
 
 Notice of contest, answer to 166 
 
 Notice of contest in legislative election 172 
 
 Notice of election, how given 148 
 
 Notice in legislative election contests, answer to 173 
 
 Notice to party contested, how given 170 
 
 Notice to take depositions in contests 173 
 
 Notice to officers, elected or apointed, city auditor 182 
 
 Notice to electors, township, to contain what 192 
 
 Number of votes 134 
 
 Number of ballots furnished 142 
 
 o 
 
 Oath and duties of judges and clerks of municipal election 182 
 
 Oath of ofllce of election officer 138 
 
 Oath of office, commissioner in removal action, to file 241 
 
 Offers of office, how punished 196 
 
 Offer of bribe, communicating, penalty 196 
 
 Obstructing elector, penalty 197 
 
 Office or nomination, forfeited for corrupt practice, under election 
 privileges act 229 
 
INDEX 303 
 
 Page 
 
 Office, offers of, how punished 196 
 
 Office, term of, of township officers 191 
 
 Officers and witnesses, fees of, in contest cases 175 
 
 Officer, complaint or charges against, laid before the Governor 239 
 
 Officer, certain township, to be elected by ballot 193 
 
 Officer, defendant in removal action, served with copy of complaint 240 
 
 Officer, election 136 
 
 Officers, election, bribing 202 
 
 Officer, failure of to perform duty. Penalty for 164 
 
 Officer, list of, to be nominated at the primary 215 
 
 Officers, oath of office 138 
 
 Officers, of election, their duties 136 
 
 Officers, removal of, by the Governor 239 
 
 Officer, removal of, time and place of hearing 240 
 
 Officer, rights of. Lawful interference 203 
 
 Officers to make returns, When. Compensation 153 
 
 Officers, township, when elected 191 
 
 Officer, what, voted for at primary election... 205 
 
 Official ballot, names placed thereon 219 
 
 Official ballot, how given to the elector 149 
 
 Official directory 5 
 
 Officials, election. Compensation of 165 
 
 Official stamps for election officers 143 
 
 Omission of name in printing of ticket 148 
 
 One column for candidate name 141 
 
 One name on certificate 144 
 
 Only one person in the booth 150 
 
 Opening and closing of polls 149 
 
 Opening and closing of the township polls, proclamation 193 
 
 Order, preservation of, board of registry has power 180 
 
 Organization of township meetings 192 
 
 P 
 
 Pamphlet, publicity, under privileges act. Candidates statement 224 
 
 Papers in contest cases, production of, may be required 175 
 
 Papers in contest cases to be attached to deposition 175 
 
 Parties to contest, appearance by 171 
 
 Party ballot, must vote the, at the primary 213 
 
 Party casting highest number of votes 141 
 
 Party committees fill vacancies on the ballot for the primary 213 
 
 Party registration for the primary, required when 206 
 
 Party designation on the ballot 139 
 
 Party committees, what, continue under the primary act 222 
 
 Penal code is applicable to the primary law 222 
 
 Penalty for corrupt practice, under election privileges act 227 
 
 Penalty for false swearing. Election booths 151 
 
 Penalty for depositing unstamped ballot 164 
 
304 INDEX 
 
 Page 
 
 Penalty for violation of election laws 165 
 
 Penalty for failure to attend and testify in contest cases 174 
 
 Penalty for registering in more than one precinct 180 
 
 Penalty for defrauding elector of vote : 197 
 
 Penalty for obstructing elector 197 
 
 Penalty for double voting or offer 197 
 
 Penalty for voting when not qualified 197 
 
 Penalty for procuring unqualified vote 198 
 
 Penalty for advising unqualified voting 198 
 
 Penalty for voting in the wrong precinct or district 198 
 
 Penalty for unlawfully voting at a town meeting 198 
 
 Penalty for a convicted felon voting 198 
 
 Penalty for unauthorized registration 198 
 
 Penalty for personating a registered voter 198 
 
 Penalty for disturbance of a meeting of electors 199 
 
 Penalty for preventing public meeting of electors 1 199 
 
 Penalty for preventing attendance at meeting of electors 199 
 
 Penalty for offering violence or making threat to electors 200 
 
 Penalty for disobedience of election officers 200 
 
 Penalty for riotous conduct at an election 200 
 
 Penalty for destroying ballots or boxes 201 
 
 Penalty for suppressing certificates of nomination 201 
 
 Penalty for destroying lists, cards or supplies ^ 201 
 
 Penalty for keeping a false poll list 201 
 
 Penalty for misconduct of judges as to challenges 202 
 
 Penalty for falsely canvassing or certifying 202 
 
 Penalty for bribing election officers 202 
 
 Penalty, disfranchisement, for bribing an elector 202 
 
 Penalty for unlawful voting at a caucus 203 
 
 Penalty for mutilation of election returns 204 
 
 Penalty, general, for violation of provisions of election privileges act— 229 
 
 Penalty for violating the absent voter privilege 247 
 
 Penalty for rejecting legal vote 164 
 
 Penalty for failure of officer to perform duty 164 
 
 Penalty for making false statement preventing registration 199 
 
 Penalty for intimidating electors 199 
 
 Penalty, giving or receiving bribes by elector 195 
 
 Penalty, illegal influence, elector 196 
 
 Penalty, betting upon election 196 
 
 Percentages of votes required for nomination at the primary 214 
 
 Per diem and mileage of Presidential electors 164 
 
 Person, one only, in the booth 150 
 
 Personatin:? registered voter 198 
 
 Petition of the candidate for the primary, filing of 210 
 
 Petition, form of, under the primary law 211 
 
 Petitioner in contest cases, effect of failure to appear 172 
 
 Petitions, form of, in municipal elections 190 
 
 Petitions, candidates for national delegates file 234 
 
INDEX 305 
 
 > Page 
 
 Petition required for primary election 205 
 
 Petition, fees, for filing at primary election 205 
 
 Petition of candidates at the primary 209 
 
 Place of meeting of the county and state committees under the pri- 
 mary 222 
 
 Pledge and filing fee of candidate at the primary 209 
 
 Political advertising labeled paid, under election privileges act 228 
 
 Political announcements, rates for 232 
 
 Polls at the primary election, open when, canvass 216 
 
 Polls, list for the primary delivered to the board of registration 216 
 
 Polls, township, proclaming as to opening and closeing of 193 
 
 Poll clerks 138 
 
 Poll list, clerk to keep 138 
 
 Poll books furnished by the court auditor 142 
 
 Poll books, contents of and how delivered 143 
 
 Polls, when opened and closed 149 
 
 Poll list, township 194 
 
 Poll list, false 201 
 
 Posting of instructions 143 
 
 Posting of certain ballots 143 
 
 Posting of election notice 148 
 
 Posting of notices as to candidates for the primary 236 
 
 Powers of electors of the township 191 
 
 Practice, corrupt, act 237 
 
 Precinct committee men, how elected under the primary 222 
 
 Pre-election promises of appointment, under election privileges act 226 
 
 Precincts, election 135 
 
 Precincts, how formed 135 
 
 Precinct, new, registry list in 177 
 
 Precinct or district, wrong, voting in 198 
 
 Preparation of the primary election ballot, how 214 
 
 Preparation of ballots 139 
 
 Present election statutes apply to the primary law 221 
 
 Presidential electors. Canvass of votes as to 159 
 
 Presidential electors, convene when, Vacancies, how filled 163 
 
 Presidential electors, contests of, what court 170 
 
 Preservation of order, board of registry has power — _ 180 
 
 Presidential electors, per diem and mileage of 164 
 
 Preventing a public meeting of electors 199 
 
 Preventing attendance at a public meeting of electors 199 
 
 Primary, abstract of votes at, to the Secretary of State 218 
 
 Primary act is valid 222 
 
 Primary act, what party committees continue under 222 
 
 Primary ballot, names on. How secured 210 
 
 Publication of nominations 210 
 
 Primary campaign expenses limited under the election privileges act-_ 224 
 
 Primary, county and state committees under, how selected 222 
 
 Primary election law 205 
 
306 INDEX 
 
 Page 
 
 Primary election law, intent of 205 
 
 Primary election, held when 205 
 
 Primary election, what offices voted for 205 
 
 Primary election, petition required 205 
 
 Primary election, fees for filing petition 205 
 
 Primary election, registration for, required when 206 
 
 Primary election, registration and enrollment books 207 
 
 Primary election, county and legislative candidates for 209 
 
 Primary election, petition of the candidates 209 
 
 Primary election, filing fee and pledge of candidates at 209 
 
 Primary election, nomination by stickers 211 
 
 Primary election, eligibility of candidates at 211 
 
 Primary election, form of ballots at 211 
 
 Primary election, duties of the judges and inspectors at 211 
 
 Primary election, must vote the party ballot at 213 
 
 Primary election ballots, prepared how 214 
 
 Primary election, nomination of U. S. Senator at 214 
 
 Primary election ballot, arangement of the names on 214 
 
 Primary election, list of ofiicers to be nominated at 215 
 
 Primary election, tally books for, arrangement of names 216 
 
 Primary election, polls open when. Canvass 216 
 
 Primary election, returns from. Statement as to 216 
 
 Primary election, polls list for, delivered to registry board 216 
 
 Primary election, county canvassing board for 217 
 
 Primary election, state board canvassers at 218 
 
 Primary election ballot, vacancies, how filled 219 
 
 Primary election, ballot, error as to, how corrected 220 
 
 Primary election, contest of nominations at 220 
 
 Primary election for national delegates, when held 235 
 
 Primary election of national delegates 233 
 
 Primary election, publication of candidates names before 236 
 
 Primary election, certified list of candidates issued before 236 
 
 Primary election, candidates for, posting notices as to 236 
 
 Primary law, form of the petition 211 
 
 Primary law, fees under, paid to the county 221 
 
 Primary law, penal code is applicable to 222 
 
 Primary law, what statutes are not repealed by _- 221 
 
 Primary law, what general election provision applicable to 215 
 
 Primary, percentages of votes required for nomination at 214 
 
 Primary, precinct committeemen under the, how elected 222 
 
 Primary, result of, statement as to, by the state board of canvassers— 219 
 
 Primary, statement of the canvassing board 217 
 
 Primary, tie vote at, decided how 221 
 
 Printed instructions to be used at elections 143 
 
 Primary, what election statutes apply to 221 
 
 Printed ballots, auditor to supply 139 
 
 Printing of ballots 138 
 
 Printing of the absent voter ballot 243 
 
INDEX 307 
 
 Page 
 
 Printing Statements, under election privileges act 225 
 
 Privileges act, election 224 
 
 Privileges, election, primary campaign expenses limited under 224 
 
 Privileges, election, act, rates for statements in 224 
 
 Privileges, election, act, publicity pamphlet under, statement of the 
 
 candidate 224 
 
 Privileges, election, printing statements under , 225 
 
 Privileges, election, addresses of voters 225 
 
 Privileges, election, general election campaign expenses limited under 226 
 
 Privileges, election, itemized statements filed under 226 
 
 Privileges, election, actual contributors' names entered 226 
 
 Privileges, election, pre-election promises of appointment 226 
 
 Privileges, election, charitable contributions by candidates 226 
 
 Privileges, election, campaign contributions by corporations prohibited 227 
 
 Prvileges, election, treating 227 
 
 Privileges, election, penalty for corrupt practice 227 
 
 Privileges, election, expense of voting, transporting prohibited 228 
 
 Privileges, election, political advertising labeled paid 228 
 
 Privileges, election, failure to file statement under 228 
 
 Privileges, election, candidacy bona fide 229 
 
 Privileges, election, corrupt practice under 229 
 
 Privileges, election, commencement of contest 229 
 
 Privileges, election, general penalty for violation of 229 
 
 Procuring unqualified vote, penalty for 198 
 
 Proclamation of opening and closing of township polls 193 
 
 Process, no civil, served on election day 165 
 
 Procedure followed by the canvassers 161 
 
 Proceeding of board of registration, to be public 178 
 
 Procedure and testimony, in contests 167 
 
 Proceedings when township meeting fails to elect 195 
 
 Proclamation of result of vote by governor 161 
 
 Production of papers in contest cases may be required 175 
 
 Prohibition of campaign contributions by corporations under election 
 
 privileges act 227 
 
 Proposed constitutional amendments 120 
 
 Provisions of code of civil procedure applicable when 169 
 
 Prosecution under corrupt practice act, where brought 238 
 
 Provisions of the general election law applicable to the primary law__ 215 
 
 Public meetings, disturbance of 199 
 
 Public meeting of electors, preventing 199 
 
 Public canvass of the votes by state canvassing board 158 
 
 Publication of names. Error, how corrected 148 
 
 Publication of election notice 148 
 
 Publication of the returns 155 
 
 Publication of nominations 146 
 
 Publication of candidates name before primary election 236 
 
 Publication of list of candidates before the primary 236 
 
 Publicity pamphlet, candidates statement under privileges act 224 
 
308 INDEX 
 
 Pa?e 
 
 Publicity pamphlet, rates for statement in 224 
 
 Punishment, no, for bribery witness 202 
 
 Punishment for advising violation of corrupt practice act 238 
 
 Q 
 
 Qualifications of Indian voters 134 
 
 Qualifications of poll clerks 138 
 
 Qualifications of the voter 134 
 
 Qualifications of the election ofllcer 136 
 
 Qualifications of the township voter: 193 
 
 Qualified voters, in municipality, registration 181 
 
 Qualified electors, list of 176 
 
 Questions submitted to voters. Criminal acts 203 
 
 Question vote, duty of inspector or judge to 138 
 
 R 
 
 Rates for political announcements 232 
 
 Rates for statement of candidate in the publicity pamphlet 224 
 
 Recall, municipal 183 
 
 Recall, municipal 187 
 
 Receiving vote from person not on registry list 178 
 
 Record of result of vote as to constitutional amendments 160 
 
 Record, public, registers to remain 179 
 
 Referee may try contests ^^ 168 
 
 Referendum, municipal 189 
 
 Registers, what to contain 176 
 
 Register must be filed 179 
 
 Registers to remain public record 179 
 
 Registers and blanks, county auditor to provide 180 
 
 Registered voter, personating 198 
 
 Registering in more than precinct, penalty for 180 
 
 Registration board, second meeting 177 
 
 Registration of voters 176 
 
 Registration board, proceedings of, to be public 178 
 
 Registration statute, what cities governed by 181 
 
 Registration of voters in municipality 181 
 
 Registration, false statement preventing 199 
 
 Registration, unauthorized, how punished 198 
 
 Registration, constructive false statements as to 199 
 
 Registration, party, for primary, required when 206 
 
 Registration and enrollment books for primary election 207 
 
 Registry board, poll list for primary delivered to 216 
 
 Registry list in new precinct 177 
 
 Registry list to be revised 178 
 
 Rejection of legal vote, penalty for 164 
 
 Rejected or void absent voter ballots 246 
 
INDEX 309 
 
 Page 
 
 Removal of county seat, contests of election for 167 
 
 Removal from municipal office 185 
 
 Removal of officer by the Governor 239 
 
 Removal of officer, commissioner to take testimony for 239 
 
 Removal of officer, copy of complaint served upon the defendant 240 
 
 Removal of officer, time and place of hearing 240 
 
 Removal of officer, fees paid to commissioner in 241 
 
 Removal of officer action, commissioner to file oath ' 241 
 
 Removal of officer, action for, costs of, assessed how 242 
 
 Removal of officer, certificate of Governor as to costs of 242 
 
 Repealed, not, by primary law, what statutes 221 
 
 Representative districts 18a 
 
 Resignations and vacancies. Special election 162 
 
 Result of election proclaimed by the Governor 161 
 
 Result of canvass to be immediately announced 152 
 
 Result of canvass, certificates as to 159 
 
 Return. How and where made. Compensation of officers 153 
 
 Returns, canvassing of 151 
 
 Return, Publication of 155 
 
 Returns, What, shall be canvassed 161 
 
 Returns, informality in, disregarded 161 
 
 Returns, defective 161 
 
 Returns indorsed by the Secretary of State 162 
 
 Returns, election. Mutilations of. Penalty 204 
 
 Returns from the Primary, statement of 216 
 
 Revision of registry list 178 
 
 Right of an officer. Lawful interference 203 
 
 Right to vote 134 
 
 s 
 
 School officers act, non-partizan 231 
 
 Second meeting, board of registration 177 
 
 Secret ballot. Electioneering prohibited 164 
 
 Separate ballot boxes for women voters 144 
 
 Secretary of State to receive nomination petition 144 
 
 Secretary of State to receive nomination certificate 145 
 
 Secretary of State to certify nomination for state office 146 
 
 Secretary of State to file abstract of votes 157 
 
 Secretary of State to issue certificates as to election 159 
 
 Secretary of State indorses election returns 162 
 
 Secretary of State, abstract of votes at primary to 218 
 
 Secretary of State issues certified list of candidates before the primary 236 
 
 Secretary of State, transmits blanks 144 
 
 Selling liquors on election day 203 
 
 Senator U. S., nomination of, at the primary 214 
 
 Senatorial districts 18a 
 
 Separate boxes for women's ballots 151 
 
330 INDEX 
 
 Page 
 
 Serving of notice in case of election contest 165 
 
 Special election in case of resignations or vacancies 162 
 
 Specal township meetings, held when 192 
 
 Spoiling of the ballot by the voter 150 
 
 Stamps, official, for the officers 143 
 
 State board of canvassers, how constituted 156 
 
 State board of canvassers for the primary election 218 
 
 State canvassing board, meeting of 158 
 
 State canvassing board, duty of 158 
 
 State canvassing board, adjournment of 158 
 
 State canvassing board, public canvass by 158 
 
 State canvassing board to issue certificates as to result 159 
 
 State canvassing board, duty as to presidential electors 159 
 
 State canvassing board canvassing votes for national delegates 234 
 
 State constitution 58 
 
 Statement as to the return from the primary election 216 
 
 Statement of the canvassing board for the primary. Contests 217 
 
 Statement of the board of canvassers on result of the primary 219 
 
 Statement of the candidate under the privileges act 224 
 
 Statement of the candidate, rates for, in the publicity pamphlet 224 
 
 Statements, printing of, under election privileges act 225 
 
 Statements, itemized, filed under election privileges act 226 
 
 Statement failure to file. Name omitted from ballot 228 
 
 Statement, false, preventing registration 199 
 
 Statutes relating to naturalization 38 
 
 Statutes, present election, apply to the primary law 221 
 
 Stickers, nomination by, at the primary 221 
 
 Subpoena to compel attendance of witnesses 173 
 
 Subpoena in contest cases, how served 174 
 
 Supplies, lists or cards, destroying of 201 
 
 Suppressing certificates of nomination 201 
 
 Surety for costs must be furnished in cases of contest 168 
 
 Swearing, false. Penalty. Election booths 151 
 
 T 
 
 Taking testimony in contest cases may be adjourned 175 
 
 Tally books for the primary election. Arrangement of names 216 
 
 Taxation of costs in contest proceedings 172 
 
 Term of office, municipal elections, effect of 182 
 
 Term of district court 20 
 
 Term of residence as right to vote 134 
 
 Term of office of township officers 191 
 
 Term of municipal office, commences when 183 
 
 Testimony and procedure in contests 167 
 
 Testimony in contest cases must be confined to issue 174 
 
 Testimony in contest cases must be reduced to writing 174 
 
 Testimony in contest cases to be forwarded to Secretary of State 175 
 
INDEX 311 
 
 Pag- 
 Testimony, no person excused from giving, under corrupt practice act- 193 
 
 Testimony taken, when, in contest cases 173 
 
 Testimony taken at only two places at a time. Contests 173 
 
 Testimony, taking of, in contest cases, may be adjourned 175 
 
 Threats, violence, of electors 200 
 
 Ticket, filling vacancy after printed 147 
 
 Ticket, vacancies how filled 146 
 
 Tie vote at the primary, decided how 221 
 
 Tie vote, municipal election, how decided 182 
 
 Tie vote, duty of the county auditor 156 
 
 Tie vote how decided 155 
 
 Time of posting election notice 148 
 
 Time when returns are to be made. Compensation of officers 153 
 
 Time and place of municipal elections 181 
 
 Time and place of meeting of county and state committees under the 
 
 primary 222 
 
 Time limit for contest commencement, under election Privileges act-_ 229 
 
 Township ballots to be deposited by the judges 194 
 
 Township clerk, duty of 195 
 
 Township electors, power of 191 
 
 Township candidates, all, to be on one ballot 194 
 
 Township election, result of to be announced 194 
 
 Township meetings, annual, when held 190 
 
 Township meetings, special, held when 192 
 
 Township meeting, notice of, given by the township clerk 192 
 
 Township meetings, mode of conducting 192 
 
 Township meeting, minutes of, to be field 194 
 
 Township meetings, proceedings of, when failure to elect 195 
 
 Township meeting, unlawfully voting at 198 
 
 Township moderator, duty of, reconsideration of the vote 193 
 
 Township officers, when elected 191 
 
 Township officers, term of office of 191 
 
 Township poll list J*. 194 
 
 Township voter, qualifications of 193 
 
 Township voter, challenge to 193 
 
 Township votes, canvassed by the judges of the election 194 
 
 Township votes, manner of canvassing 194 
 
 Transmission of blanks by the Secretary of State 144 
 
 Transmission of the absent voter ballot to the inspector of election 245 
 
 Transportation prohibited, expense of voting. Election privileges act- 228 
 
 Traveling expenses of the national delegates 235 
 
 Treating, under election privileges act 227 
 
 Trial of contest before referee 168 
 
 Trial of contest 167 
 
 Two or more counties in the primary election district, when 218 
 
312 INDEX 
 
 u 
 
 Page 
 
 Unauthorized registration, how punished 198 
 
 United States citizenship 36 
 
 United States Constitution 21 
 
 Unlawful voting at a caucus, Penalty 203 
 
 Unlawfully voting at a town meeting 198 
 
 Unqualified vote, procuring 198 
 
 Unqualified voting, advising 198 
 
 Unqualified voter 197 
 
 Unstamped ballot, penalty for depositing 164 
 
 V 
 
 Vacancies and resignations. Special election . 162 
 
 Vacancies, canvass and returns of election to fill 163 
 
 Vacancies, duty of the governor in cases of certain 163 
 
 Vacancies municipal, election to fill 185 
 
 Vacancy occurring after tickets are printed 147 
 
 Vacancies on ticket, how filled 146 
 
 Vacancies on the primary ballot 210 
 
 Vacancies on primary ballot filled by the party nominees 213 
 
 Vacancies on the primary election ballot, how filled 219 
 
 Vacancies, Presidential electors 163 
 
 Vacant, municipal office deemed when 183 
 
 Valid, primary law is 222 
 
 Violation of election laws, penalty for 165 
 
 Violence disturbing election : 200 
 
 Violence, threats etc., of electors 200 
 
 Voters, addresses of, under election privileges act 225 
 
 Violation of the corrupt practice act. Punishment for advising 238 
 
 Violation of the absent voter privilege, penalty for 247 
 
 Void, ballots, when 1 152 
 
 Void, certificate when 146 
 
 Void or rejected absent voter ballots 246 
 
 Vote, tie, duty of the county auditor 156 
 
 Vote, legal, penalty for depositing.. 164 
 
 Vote on constitutional amendments, record of 160 
 
 Vote from person not on registry list, receiving 178 
 
 Vote, tie, at the primary, decided how 221 
 
 Vote, elector may, before leaving the county. 246 
 
 Voters, their right to vote in the state 134 
 
 Voters, Indian, their Rights 134 
 
 Voters names on poll list 138 
 
 Voter, disability of 150 
 
 Voters, registration of 176 
 
 Voter, township, qualification of 193 
 
 Voter, township, challenge to 193 
 
INDEX / 313 
 
 Page 
 Voter unqualified 197 
 
 Voter, good faith of. Evidence as to 203 
 
 Voters, questions submitted to. Criminal acts 203 
 
 Voters, absent 243 
 
 Voter, absent, ballots. How printed '- 243 
 
 Voter, absent, ballot. Form of application for 243 
 
 Voter, absent, ballot, application blank for 244 
 
 Voter, absent, ballot, sent how 244 
 
 Voter, absent, affidavit of. Certificates as to 244 
 
 VoLer, absent, ballot, manner of marking 245 
 
 Voter, absent, ballot, care of by the county auditor 245 
 
 Voter, absent, ballot, transmission of, to the inspector 245 
 
 Voter, absent, time for application for ballots 243 
 
 Voter, absent, ballots, void or rejected 246 
 
 Voter, absent, ballots, furnished the county auditor when 247 
 
 Voter, absent, privilege, penalty for violating 247 
 
 Votes constituting election 134 
 
 Votes, canvassing of 151 
 
 Votes, abstract of, forwarded by the county auditor 157 
 
 Votes, abstract of, filed by the Secretary of State 157 
 
 Votes, canvass of, to be public 158 
 
 Votes, reconsideration of township 193 
 
 Votes, township, canvassed by the election judges 194 
 
 Votes, canvass of at the primary 216 
 
 Votes, statement as to the returns of, at the primary 216 
 
 Votes, abstract at primary to the Secretary of State 218 
 
 Votes, abstract of 155 
 
 Voting, unqualified, advising 198 
 
 Voting in the wrong precinct or district 198 
 
 Voting unlawfully at a town meeting 198 
 
 Voting, unlawful, at a caucus. Penalty 203 
 
 Voting, expense of, transportation prohibited, under election privileges 
 
 act : 228 
 
 Voting, manner of, the absent voter ballot . 246 
 
 w 
 
 What constitutes election precinct ' 135 
 
 What returns shall be canvassed 161 
 
 What application in case of contest must include 170 
 
 What cities governed by registration statute 181 
 
 What elects in municipal election 182 
 
 What notice of township clerk to electors to contain 192 
 
 What offices voted for at primary election 205 
 
 When polls are to be opened and closed 149 
 
 When member of canvassing board is disqualified 157 
 
 When presidential electors convene. Vacancies how filled 163 
 
 When board of Registry shall meet 176 
 
514 INDEX 
 
 Page 
 
 When term of municipal office commences 183 
 
 When municipal office deemed vacant 183 
 
 When person may cause name to be enrolled on primary day 208 
 
 When primary election for national delegates is held 235 
 
 Who entitled to vote 134 
 
 Who may bring contest 166 
 
 Who are entitled to vote at township election 193 
 
 Who may vote. Absent voters 243 
 
 Witnesses in contest cases, attendance of, subpoena 173 
 
 Witnesses, non-resident, deposition may be taken 174 
 
 Witnesses, examination of, in contest cases 174 
 
 Witnesses and officers, fees of, in contest cases 175 
 
 Witnesses, in bribery hearing not excused 202 
 
 Women's ballots deposited in separate box 151 
 
 Writing name of candidate on ticket 139 
 
 Wrong precinct or district, voting in 198 
 
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