§ 3338. Acceptance of Nomination.

A certificate of nomination may be accompanied by the acceptance of the nominee, in which case the acceptance shall be indorsed upon the certificate of nomination and signed by the nominee, or it may be by a letter or telegram from the nominee attached to the certificate of nomination and filed therewith. If the certificate of nomination is not thus accompanied by the acceptance of the nominee, he may at any time after the certificate of nomination is filed and before the time for filing nominations for such office has expired, file his acceptance thereof in the same manner in the same office where the certificate of nomination is filed. The officer with whom it is filed shall indorse the same and attach it to the certificate of nomination to which it refers. Several different certificates of nomination may thus be filed nominating the same person for the same office, and the person so nominated may accept one or more of said nominations; but unless such nominee accepts a nomination in some one of the ways and within the time aforesaid, it shall not be considered as completed.

§ 3339. Certificates of State Nomination-When Filed.

All certificates of nomination of candidates for the office of Elector of President and Vice-President of the United States, United States Senator in Congress, Representative in Congress, Governor, Secretary of State, State Treasurer, Justice of the Supreme Court, Attorney General, Superintendent of Public Instruction, State Printer, State Engineer, Dairy and Food Commissioner, Commissioner of the Bureau of Labor Statistics and Inspector of Factories and Workshops, Commissioner of the Railroad Commission of Oregon, Superintendent of a Water Division, Judge of Circuit Court, District or Prosecuting Attorney or for State Senator or Representative in the Legislative Assembly, or other office to be voted for in the State at large or in a district composed of one or more counties, shall be filed with the Secretary of State. If such certificate of nomination be made by a convention or assembly it shall be filed with the Secretary of State not more than one hundred (100) days and not less than fifty-five (55) days before the day fixed by law for the election. If such certificate of nomination be made by individual electors, it shall be filed with the Secretary of State not more than one hundred (100) and not less than forty (40) days before the day fixed by law for the election. [L. 1913, Chap. 199, p. 387.]

§ 3340.

Certificates of District Nominations, Not Congressional-
When Filed.

All certificates of nomination of candidates for county offices and district or precinct offices within the county shall be filed with the county clerk of the county. If such certificate of nomination be made by a political party or assembly, it shall be filed with such county clerk not more than one hundred (100) days and not less than forty (40) days before the day fixed by law for the election. If such certificate of nomination be made by individual electors, it shall be filed with such county clerk not more than one hundred (100) days and not less than twenty-five (25) days before the day fixed by law for the election. [L. 1913, Chap. 199, p. 388.]

Immediately after each certificate of nomination is filed, the county clerk shall enter in a book marked "Register of Nominations," the date when the certificate was filed with him, the name of each candidate, the office for which he is nominated, and the name of the party or convention or assembly making the nomination, together with the names of the chairman and secretary certifying the same; and in case the certificate of nomination is made by individual electors, the names of the two signers who make oath thereto, and the total number of signatures thereto. As soon as the acceptance or withdrawal of the candidate is filed it shall also be entered upon said register.

§ 3342. Copies of Records.

All such certificates of nomination, acceptances, and withdrawals, as soon as filed, shall be public records, and shall be open to public inspection under proper regulations; and when a copy of any certificate of nomination, acceptance, or withdrawal is presented at the time the original is filed, or at any time thereafter, and a request is made to have such copy compared and certified, the officer with whom such certificate of nomination was filed shall forthwith compare such copy with the original on file, and, if necessary, correct the copy and certify and deliver the copy to the person who presented it. All certificates of nomination, acceptances, withdrawals, poll books, tally sheets, ballots, and ballot stubs shall be preserved as other records are, for two years after the election to which they pertain, at which time, unless otherwise ordered or restrained by some court, the county clerk shall destroy the ballots and ballot stubs by fire, without any one inspecting the

same.

§ 3343. Withdrawing Nomination.

Any person who has been nominated and accepted some nomination, as provided in this act, may cause his name to be withdrawn from nomination at any time prior to the election, by a writing declining the nomination, stating the reason, signed and acknowledged by him before some officer authorized by the laws of this State to take acknowledgments of deeds, and certified by such officer, and by filing the same with the Secretary of State or the county clerk or clerks with whom the certificate nominating him as a candidate was filed. Such withdrawal may be sent by telegram to the Secretary of State through a county clerk, as provided by Section 3346, in case of certificates of nomination.

§ 3344. Notice of Death or Withdrawal.

If any person nominated as herein provided dies or withdraws before the day fixed by law for the election, and the fact of the death becomes known to the satisfaction of the officer, the Secretary of State or county clerk or clerks in whose office the certificate of nomination nominating such person was filed, shall forthwith give notice by posting a certificate of the fact in a conspicuous place in his office. In every such case the name of the candidate who has died or withdrawn shall not be printed upon the ballots, and if already printed, shall be erased or canceled before the ballots are delivered to the electors.

§ 3345. Nomination to Fill Vacancy.

If the original nomination thus vacated was made by a political party or assembly, and [such] party or assembly can reconvene, it may fill the vacancy before the day fixed by law for the election. If the party or assembly has delegated to a committee the power to fill such vacancies, such committee may likewise fill the same. In every case where the original candidate dies or withdraws, as many certificates of nomination made by electors to fill the same office shall be filed as are duly presented to the proper officer before the day fixed by law for the election. The certificate to fill such vacancy shall substantially conform with the requirements for an original certificate of nomination, and shall be filed with the same officer the original certificate was filed with.

§ 3346.

Certificate to Fill Vacancy-How Filed.

When such original certificate of nomination thus vacated was filed with the Secretary of State, the certificate to fill the vacancy thus occasioned shall be filed with him, and it may be

filed directly with the Secretary of State or in the following manner: It may be presented in duplicate to any county clerk, who shall file one of the certificates in his office, and upon being tendered the cost of transmitting the same, it shall be the duty of such county clerk to forthwith cause the certificate of nomination to be telegraphed to the Secretary of State and repeated back, and he shall also forthwith mail the duplicate thereof by registered letter to the Secretary of State. The Secretary of State shall file said telegraph copy of the certificate the same as if it was the original, and he shall also file the duplicate when the same arrives by mail. The Secretary of State shall, in certifying the nomination to the several county clerks, omit the name or names of all such candidates filed with him who die or withdraw, as aforesaid, and instead thereof he shall certify the name or names of the persons who have thus been nominated to fill such vacancy. In the event that he has already sent forth his certificate, he shall forthwith certify to each county clerk by telegraph if necessary, the name and residence of each person so nominated to fill such vacancy, the office he is nominated for, the party or principle he represents, and the name of the person for whom such nominee or nominees are substituted. Every county clerk shall proceed thereafter in conformity with said later certification.

§ 3347. Arrangement and Notice of Nominations.

Not than forty (40) days and not less than thirty-five (35) days before the day fixed by law for the election the Secretary of State shall arrange, in the manner provided in this act for the arrangement of the names and other information upon the ballots, all the names and other information concerning all the candidates contained in the certificates of nomination which have been filed with him, and accepted by the nominees, in accordance with the provisions of this act, and he shall forthwith certify the same under the seal of the State and file the same in his office, and make and transmit a duplicate thereof by registered letter to the county clerk of each county in the State; and he shall also post a duplicate thereof in a conspicuous place in his office and keep the same posted until after said election has taken place. [L. 1913, Chap. 199, p. 388.]

§ 3348.

Arrangement of Ballots and Notice.

Not more than twenty-five (25) days and not less. than twenty-two (22) days before the day fixed by law for the election, the county clerk of each county shall arrange,

in the manner provided by this act for the arrangement of the names and other information upon the ballot, all the names and other information concerning all the candidates contained in the certificates of nomination which have been filed with him and accepted by the nominees, and which have been certified to him by the Secretary of State in accordance with the provisions of this act, and he shall forthwith certify the same under the seal of the county court and file the same in his office, and make and post a duplicate thereof in a conspicuous place in his office and keep the same posted until after the election has taken place; and he shall forthwith proceed and cause to be printed, according to law, the colored or sample ballots and the white ballots required by this act. [L. 1913, Chap. 199, p. 358.]

DIRECT PRIMARY NOMINATING ELECTIONS.

§ 3349. Rules of Construction.

The provisions of this law shall at all times be construed in such manner as shall make it operate as nearly as possible in accordance with the foregoing statement of the theory on which it is based. Whenever the provisions of this law in operation prove to be of doubtful or uncertain meaning, or not sufficiently explicit in directions and details, the general laws of Oregon, and especially the election and registration laws, and the customs, practice, usage, and forms thereunder, in the same circumstances or under like conditions, shall be followed in the construction and operation of this law, to the end that the protection of the spirit and intention of said laws shall be extended so far, as possible to all primary elections, and especially to all primary nominating elections provided for by this law.

§ 1.

Primary Elections to Be Held on Third Friday in May. On the third Friday in May, of the year 1914, and biennially thereafter, there shall be held in the several election precincts of the State of Oregon, a general primary nominating election at which shall be nominated such State, district, county and precinct officers as are to be elected at the general election of that year. [L. 1913, Chap. 208, p. 399.]

§ 2. Acts Heretofore Fixing Different Time Repealed.

All acts and parts of acts in conflict herewith be, and the same are hereby repealed; provided, however, that nothing