Must deposit witness fees.

Contempt of court.

Independent candidates.

Nomination of

same.

Political party

used.

Number of signatures required.

ises, and shall be required to deposit in court the sum of two dollars ($2.00) per day for each person so cited or summoned into court, as a party or as a witness, to be paid to the said party or witness in case the charge is not sustained, said money so deposited shall be returned to the party depositing the same in case the said charges or any of them are sustained. Failing to obey the order of such court shall be contempt of court. Every such order shall be subject to summary review by the Supreme Court upon writ of error.

Sec. 26. Candidates for public office who do not wish to affiliate with a political party as defined in this act may be nominated otherwise than by a direct primary election, in the manner following:

A certificate of nomination shall be prepared which shall contain the name or names of any candidate or candidates for the office or offices to be filled, their several postoffice addresses, if any, their several residences, and if in a city or town, the street, number of residence and place of business, if any, and shall designate in not more than five words, instead of the party, the political or other name which the signers shall select; Provided, That no names not to be name of any political party as defined in this act shall be used, in whole or in part, for this purpose. Said certificate shall be signed by legal voters residing within the district or political division in and for which the officer or officers are to be elected, to the number of at least three hundred when the nomination is for an office to be filled by the voters of the entire State; of at least one hundred where the nomination is for an office to be filled by the voters of a district less than a State and greater than a county, or by the voters of a county or city or municipality; of at least fifty when the nomination is for an office to be filled by the voters of a precinct, ward, or other division less than a county, other than a city. The signatures to said certificate of nomination need not all be appended to one paper, but no certificate shall be legal that does not contain the requisite number of names of voters whose names do not appear on any certificate previously filed under the provisions of this section; Provided, That any

such certificate of nomination may be amended in this Certificate may last respect at any time prior to ten days before the day

The certificate may designate or appoint

be amended.

affidavit.

of election. upon the face thereof one or more persons as a committee Committee to to fill vacancies, and in case of vacancy in any of such fill vacancies. nominations, the same may be filled by such person or committee by a verified certificate to that effect, duly filed with the officer with whom the original certificate of nomination was filed, at least eight days before the day of election. Each voter signing a certificate shall add to his Signers must signature his place of residence, and shall, before an offi- make oath by cer duly authorized to administer the same, make oath by affidavit thereto attached, that he is a voter within and for the political division for which such nomination is made, and has truly stated his residence, and has not voted at any primary election to nominate a candidate for such office. Said certificate, when executed and acknowl- certificate, edged as before prescribed, shall be filed with the Secre- where filed. tary of State, when for an office or offices to be filled by the voters of the entire State or of any division or district greater than a county; with the county clerk when for an office or offices to be filled by the voters of an entire county or county precinct, and with the city, municipal or town clerk when for an office or offices to be filled by the voters of such city, municipality or town.

The certificates of nomination to be filed with the Certificate, when filed. Secretary of State shall be filed not more than sixty days nor less than thirty days before the day of election; and the certificates of nomination to be filed with the county clerk shall be filed not more than sixty nor less than fifteen days before the day of election, and the certificates of nomination to be filed with the city, municipal or town clerk shall be filed not more than thirty nor less than fifteen days before the day of election.

nominations.

Within eight days after the filing of any such certifi- Written acceptcate of nomination with the proper official as aforesaid ance of each and every candidate named in said certificate of nomination shall formally accept the nomination therein tendered in a written statement, duly acknowledged, which said statement shall contain the full name and

Rights and penalties.

Secretary of state and attorney general to prepare forms.

Campaign expenses.

personal ex

penses defined.

place of residence of such candidate, and if in a city or town, the street number of the same (if any there be) and his place of business, if any, and postoffice address.

When the provisions of this section have been complied with, the candidate or candidates named in such certificates of nomination shall be entitled to all the rights and subject to all the penalties of candidates nominated at direct primary elections. This section shall be liberally construed, so as to give independent candidates for public office every reasonable opportunity to make their candidacy effective.

Sec. 27. It shall be the duty of the Secretary of State and the Attorney General, on or before July 1, 1912, to prepare all forms necessary to carry out the provisions of this act and in accordance therewith, which forms shall be substantially followed in all direct primary elections held in pursuance thereof. Such forms shall be printed, with copies of this act, for public use and distribution.

Sec. 28. No person shall, in order to aid or promote or secure his own nomination to public office, or the nomination of any other person to public office, under the provisions of this act, or any amendment thereto, directly or indirectly himself, or directly or indirectly by or through any other person for him, or on behalf of such other person, give, pay, expend or contribute, or promise to give, pay, expend or contribute, any money or other valuable thing, except for personal expenses. Limitations of Personal expenses within the meaning of this act shall not in any event exceed five thousand dollars ($5,000), if such person is a candidate for United States Senator, twenty-five hundred dollars ($2,500) if such person is a candidate for a State office or representative in Congress, and one thousand dollars ($1,000) if such person is a candidate for any other office, and any expenditure in excess of such sums by any person or persons for any such purpose within one year prior to such direct primary shall be unlawful. No person, co-partnership, organization or corporation shall directly or indirectly contribute or expend, pay or become liable for any of the expenses of any candidate. Any candidate, or other

this section.

person who, or co-partnership, organization or corpora- Penalty for tion which shall violate any of the provisions of this violations of section shall be guilty of a felony, and on conviction shall be fined in a sum not less than five hundred dollars ($500.00), or imprisonment in the penitentiary not less than one year, or both.

statement of

expenses.

Sec. 29. Every candidate for nomination under the Candidates terms of this act, or any amendment thereto, shall, not must file sworn less than ten days after the day of holding the direct primary election or convention at which he is a candidate, or after the filing of any certificate of nomination wherein such candidate is nominated for public office, file an itemized statement in writing, duly sworn to as to its correctness, with the officer with whom his declaration of candidacy or other nomination paper is filed, setting forth each sum of money and thing of value, or any consideration whatever, contributed, paid or promised by him, for the purpose of securing or influencing, or in any way affecting, his nomination to said office. Said statement shall set forth the sums paid as personal expenses, stating fully the nature, kind and character of the expense. Such statement, when so filed, shall immediately be subject to the inspection and examination of any elector, and shall be a part of the public records.

statement of

Sec. 30. Any candidate for nomination for any of- Penalty for not fice under the terms of this act who shall fail, neglect or filing sworn refuse to file with the proper officer the statement pro- expenses. vided for in the preceding section within the time provided therein, shall be guilty of a misdemeanor and on conviction shall be fined not less than one hundred dollars ($100) and not more than five hundred ($500) or by imprisonment in the county jail not less than ten days nor more than six months or by both such fine and imprisonment.

Sec. 31. The provisions of the statutes of Colorado Provisions of in relation to the holding of general elections, the giving statutes to or solicitation of bribes, the solicitation of voters at the apply to direct polls, the challenging of voters, the manner of conduct- tions. ing elections, of counting the ballots and making returns

primary elec

Forgery.

Candidates for United States senator nom

inated at direct

tions.

thereof, and all other kindred subjects shall apply to all direct primary elections insofar as they are consistent with this act, the intent of this act being to place direct primary elections under the regulation and protection of the laws now in force as to general elections, except as specifically provided otherwise in this act.

Sec. 32. Any person who shall forge any name of a person as a signer or witness to a nomination paper shall be deemed guilty of forgery, and, on conviction thereof, shall be punished accordingly.

Sec. 33. At all direct primary elections next preceding the election of a United States Senator by the General Assembly of Colorado there shall be placed upon primary elec-, the respective official direct primary election ballots, by the proper officer preparing such ballots, the names of the several candidates for the office of United States Senator for whose nomination certificates have been duly made and filed under the provisions of this act; the votes for each of such candidates shall be counted and certified to by the election judges and clerks in the same manner as the votes for other candidates, and records of the votes for each of such candidates shall be made out and sworn to by the board of canvassers of each county of the State and returned to the Secretary of State at the same time and in like manner as they shall transmit other returns of such primary elections required by this act.

result to general assembly.

Secretary of It shall be the duty of the Secretary of State to state to certify certify to both Houses of the General Assembly the names of the respective persons of each political party for whom votes were cast at any direct primary election under the provisions of this act at which such persons were candidates for the nomination for United States Senator, which said certificates shall be made and filed upon the first day of the session of such General Assembly convening next after said direct primary election.

Name of candidate to go on official ballot.

The name of each candidate for the United States Senate who shall have received a plurality of the votes for United States Senator on his party ticket shall be