tion at which they were used, and thereafter shall be sold by such county clerks as waste paper, the proceeds to be paid into the county treasury. files. 397. SEC. 2. This act shall also authorize the several Sale of past county clerks to sell all register-books, or register of voters, which have been on file five years previous to the passage of this act, the proceeds to be paid into the county treasury. 398. SEC. 3. This act shall take effect immediately. Approved March 17, 1908. 1 CHAPTER 163. A Supplement to an act entitled "An act to provide for the purchase of voting machines, and to regulate the use of the same at elections," approved April twentyeighth, nineteen hundred and five. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: Referendum as to use of voting machine. voters. 399. SEC. I. When any voting machine has been or shall hereafter be supplied or provided, either by state or county, for any election district in this state, it shall be and hereby is made the duty of the governing body of the municipality in which such election district is situate, upon the presentation to such governing body of a peti- Petition of tion, in writing, signed by at least twenty-five per centum of the legal voters of such election district, as shown by the registry-list for the last preceding general election, protesting against the use of such voting machines at elections to be thereafter held in such election district, to order, within fifteen days after the presentation of such petition, that a special election be held in such elec- Special tion district, not less than thirty days nor more than sixty days from the date of such order, to determine upon election. Proviso. Notice of election.. Election, how conducted. Ballots. Register of voters used. the retention or rejection of such voting machine; provided, that such election shall not be held within sixtydays prior to any general election in said municipality. 400. SEC. 2. A special election, when ordered as hereinabove provided, shall be held at the usual place of holding elections in such election district, and public notice thereof shall be given by the clerk of the municipality in which said election district is situated by putting up an advertisement, signed by said clerk, in at least ten of the most public places within said election district, at least eight days prior to and within thirty days next preceding the day of said special election, making known the time, place and purpose of holding the same, and also by publishing said advertisement in two or more newspapers published or circulating in said municipality to be designated by the governing body thereof, for at least two insertions within the time aforesaid. Said special election shall be conducted in accordance with the provisions of "An act to regulate elections (Revision of 1898)," approved April fourth, eighteen hundred and ninety-eight, and the several acts amendatory thereof and supplemental thereto, so far as the same may be applicable, except as modified by this act. 401. SEC. 3. At any election held in accordance with the provisions of this act the votes shall be by ballot, which shall have thereon legibly printed or written, or partly printed and partly written, with black ink or pencil, either the words "For the voting machine," or the words "Against the voting machine." The ballots shall be deposited in a ballot-box, and need not be what is known as "official ballots." At such election no proposition shall be submitted except the foregoing. There shall be no registration for said election, but the board of election shall procure and use at such special election a certified copy of the register of voters used at the last preceding general election, and no person shall be entitled to vote whose name does not appear on said register, unless said voter shall appear in person before said board and satisfy said board by affidavit, which the said board is hereby authorized to take, that said voter has acquired the right of suffrage in said election district since said registration was made. statement of result. Disposition of state ments. 402. SEC. 4. The district board of election, after Duplicate canvassing and counting the votes cast at such special election, shall make duplicate statements of the result thereof and certify the same in the usual form, and shall, within two days next after said election, deliver two of said statements to the clerk of the municipality in which said election district is situate, who shall thereupon file one of said statements in his office, and, in case a majority of the ballots cast at said election shall have thereon the words "Against the voting machine," deliver or safely transmit the other statement to the secretary of state of this state in case the voting machine in said election district has been supplied by the state, or to the county clerk of the county in case said voting machine has been supplied by the county. displaced, ballot-box to be used. 403. SEC. 5. If a majority of the ballots cast at such If machine special election shall contain the words "Against the voting-machine," it shall no longer be the duty of the persons appointed to conduct the election in said election district to use the said voting machine at elections thereafter to be held therein, as provided by the act to which this is a supplement, but the use of said voting machine at elections in said election district shall cease, and at all elections there shall be used in place thereof a ballotbox and ballots, as provided by an act entitled "An act to regulate elections (Revision of 1898)," approved April fourth, one thousand eight hundred and ninety-eight, and the several acts amendatory thereof and supplemental thereto. The said voting machine shall in such Disposition case be held by the governing body of the municipality in which the election district is situate, subject to the order of the secretary of state or the board of chosen. of machine. If machine retained, no question for two years. freeholders, or governing body of the county, whichever shall have supplied the same, nor shall any voting machine be thereafter placed or used in said election district except upon the request in writing of a majority of the registered legal voters of said district. 404. SEC. 6. If a majority of the votes cast at such submission of election shall be "For the voting machine," it shall not be lawful for the governing body of the municipality in which the election district is situated to order another special election to be held in such district to determine upon the retention or rejection of such voting machine until after the lapse of at least two years from the date of the order for such prior special election. Validity of election may Ground for contest. 405. SEC. 7. Any legal voter of any election district be questioned. within which a special election shall have been held as hereinabove provided may contest the validity of such special election by filing a petition, duly verified, with the judge of the court of common pleas, or with the judge of the circuit court of the county in which such election district is situated, within ten days after such election, setting forth the grounds for contest. The judge, upon the filing of said petition, shall forthwith issue a summons, addressed to the district board of election of the election district in which such special election shall have been held and to the clerk of the municipality within which such election district is situated, notifying said board and clerk of the filing of such petition and directing them to appear before said court with the ballot-box containing the ballots cast at such special election, at a time and place named in said summons, which time shall not be more than fifteen days nor less than five days from the date of said summons. The judge issuing such summons shall have jurisdiction to hear and finally determine the merits of said petition, and the proceedings thereon shall conform as near as may be to the provisions with respect to contested elections contained in an act entitled "An act to regulate elec Hearing. Law applic able. tions (Revision of 1898)," approved April fourth, one thousand eight hundred and ninety-eight, and the several acts amendatory thereof and supplemental thereto. The judge to whom said petition is presented shall require the person or persons presenting the same to furnish security for the cost of the proceedings thereon before permitting such petition to be filed or issuing Security the summons as hereinbefore provided. 406. SEC. 8. This act shall take effect immediately. Approved April 10, 1908. furnished. CHAPTER 208. A Supplement to an act entitled "A supplement to an act entitled 'A further supplement to an act entitled "An act to regulate elections," approved April fourth, one thousand eight hundred and ninety-eight,' which further supplement was approved April fourteenth, one thousand nine hundred and three," and which supplement was approved October twenty-eighth, one thousand nine hundred and seven. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 407. SEC. I. In all cases where the voters of two or more municipalities of this state vote jointly for the office of chosen freeholder not less than three legal voters of any political party in each municipality may file with the clerk of their respective municipality a petition endorsing any member of their political party as a candidate for the nomination of said party to the said office of chosen freeholder, in the manner provided by the act to which this act is a supplement for the endorsing of candidates for nomination in a single ward or township. And such municipal clerk shall cause the names of all persons so nominated to be printed upon the official primary ballots of his municipality, and the re |