the county court at its next term, and the said court shall order the compensation aforesaid to be paid out of the county treasury. In all primary nominating elections in this State, under the provisions of this law, the person having the highest number of votes for nomination to any office shall be deemed to have been nominated by his political party for that office.

Abstracts Sent to Secretary of State-Canvass by State Officers. The county clerk, immediately after making the abstracts of votes given in his county, shall make a copy of each of said abstracts and transmit it by mail to the Secretary of State at the seat of government; and it shall be the duty of the Secretary of State, in the presence of the Governor and the State Treasurer, to proceed within 30 days after the primary nominating election, and sooner if all returns be received, to canvass the votes given for nomination for all officers to be voted for by the people of the State or of any district embracing one or more counties; and the Governor shall grant a certificate of nomination to the person having the highest number of votes for each office and shall issue a proclamation declaring the nomination of each person by his party. In case there shall be no choice for nomination for any office by reason of any two or more persons having an equal and the highest number of votes of his party for nomination for either of said offices, the Secretary of State shall immediately give notice to the several persons so having the highest and equal number of votes to attend at the office, either in person or by attorney, of the Secretary of State, at a time to be appointed by said Secretary, who shall then and there proceed to publicly decide by lot which of the persons so having an equal number of votes shall be declared duly nominated by his party; and the Governor shall issue his proclamation declaring the nomination of such person or persons as above provided.

Correction of Errors or Wrongful Acts by Courts.-Whenever it shall appear by affidavit to the county court or judge thereof, or to the circuit court or judge thereof, that an error or omission has occurred or is about to occur in the printing of the name of any candidate or other matter on official primary nominating election ballots, or that any error has been or is about to be committed in the printing of the ballots, or that the name of any person or any other matter has been or is about to be wrongfully placed upon such ballots, or that any wrongful act has been performed or is about to be performed by any judge or clerk of the primary election, county clerk, canvassing board or member thereof, or by any person charged with a duty under this act, or that any neglect of duty by any of the persons aforesaid has occurred or is about to occur, such court or judge shall by order require the officer or person or persons charged with the error, wrongful act or neglect, to forthwith correct the error, desist from the wrongful act, or perform the duty and do as the court shall order, or show cause forthwith why such error should not be corrected, wrongful act desisted from, or such duty or order performed. Failure to obey the order of any such court or judge shall be contempt. Any person in interest or aggrieved by the refusal or failure of any person to perform any duty or act required by this law shall without derogation to any other right or remedy be entitled to pray for a mandamus in the circuit court of appropriate jurisdiction, and any proceeding under the provisions of this law shall be immediately heard and decided.

Messenger To be Sent for Delayed Returns.-If the returns and abstracts of the primary nominating election of any county in the State shall not be received at the office of the Secretary of State within 20 days after said election, the Secretary of State shall forthwith send a messenger to the county court of

such county, whose duty it shall be to furnish said messenger with a copy of said returns, and the said messenger shall be paid out of the county treasury of such county the sum of 20 cents for each mile he shall necessarily travel in going to and returning from said county. The county clerk, whenever it shall be necessary for him to do so in order to send said returns and abstracts within the time above limited, may send the same by telegraph, the message to be repeated, and the county shall pay the expense of such telegram.

Penalty for Wrongful Acts by Officers.-If any judge or clerk of a primary nominating election, or other officers or persons on whom any duty is enjoined by this law, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the discharge of the same, such judge, clerk, officer or other person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than five years, or by imprisonment in the county jail not less than three months, nor more than one year, or by fine not less than $100 nor more than $500.

Notice of Contest.-Any person wishing to contest the nomination of any other person to any State, county, district, township, precinct or municipal office, may give notice in writing to the person whose nomination he intends to contest that his nomination will be contested, stating the cause of such contest briefly, within five days from the time said person shall claim to have been nominated.

How Served and Hearing Thereon.-Said notice shall be served in the same manner as a summons issued out of the circuit court, three days before any hearing upon such contest as herein provided shall take place, and shall state the time and place that such hearing shall be had. Upon the return of said

notice served to the clerk of the county, he shall thereupon enter the same upon his issue docket as an appeal case, and the same shall be heard forthwith by the circuit court; provided, that if the case can not be determined by the circuit court in term time, within 15 days after the termination of such primary nominating election, the judge of the circuit court may hear and determine the same at chambers forthwith, and shall make all necessary orders for the trial of the case and carrying his judgment into effect; provided, that the circuit court provision of this section shall not apply to township or precinct officers. In case of contest between any persons claiming to be nominated to any township or precinct office, said notice shall be served in the manner aforesaid, and shall be returned to the county court of the county.

Procedure in Contests.-Each party to such contest shall be entitled to subpoenas, and subpoenas duces tecum, as in ordinary cases of law; and the court shall hear and determine the same without the intervention of a jury, in such manner as shall carry into effect the expressed will of a majority of the legal voters of the political party, as indicated by their votes for such nominations, not regarding technicalities or errors in spelling the name of any candidate for such nomination; and the county clerk shall issue a certificate to the person declared to be duly nominated by said court, which shall be conclusive evidence of the right of said person to hold said nomination; provided, that the judgment or decision of the circuit court in term time, or a decision of a judge thereof in vacation, as the case may be, may be removed to the Supreme Court, in such manner as may be provided for removing such causes from the circuit court to the Supreme Court; and provided further, that appeals may be taken from the decision of the county court to the circuit court, in all of which cases the party removing any such judgment or decision by appeal, shall file in the proper court a

bond to the opposite party, in such sum and with such sureties as shall be prescribed by a judge thereof, conditioned for the payment of all costs that may be properly taxed against them; and provided further, that on any such appeal it shall be advanced on the docket and heard and decided on appeal soon enough to place the name of the successful contestant on the official white ballot as such nominee at the ensuing election, and said courts shall make the necessary rules to accomplish this result.

Statement of Party on Registration.—In addition to the facts to be stated by the elector and registered by the provisions of Sections 3448,1 3449,1 and 3453,1 every elector shall be asked by the clerk or other registering officer of what political party or voluntary political organization he is a member, and it shall be the elector's duty to answer said question if he wishes to take part in making the nominations of any political party, and his answer shall then and there be entered in the register in the column headed "remarks," and such answer shall also be a part of the affidavit entitled "Oregon registration blank A," when such blank is used in the registration. If the elector shall answer that he is not a member of any political party or voluntary political organization, the clerk or registering officer shall enter the fact in said column headed "remarks," and in said affidavit when the same is used, and if he shall decline to answer, the officer shall enter such refusal. In entering the answer in the register as to the political party or affiliation of the elector, it shall be sufficient to designate the political party by the first syllable of the first word of its name, as Rep. for Republican, Dem. for Democrat, Soc. for Socialist, Pro. for Prohibition, Ind. for Independent, and Non. for nonpartisan or no party. No elector shall be qualified to vote, nor permitted to vote at any such

1 For this section in full see Appendix "B."