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§ 18. TALLY BOOKS. ARRANGEMENT OF NAMES.] Two tally books or two sets of tally sheets shall be provided for cach 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 ballot, 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 inspectors 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 cach political party in separate piles. The tally of the votes shall be separate for cach 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 separate 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 registration 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 take 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

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provided; and no other shall be required to vote at the general election following. [1907, ch. 109.]

§ 22. COUNTY CANVASSING BOARD.] The county canvassing board shall be composed of the clerk of the district court, county auditor, chairman of the board of county commissioners and the chairman of the county committees of the two political parties that cast the highest votes for governor 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 primary 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 results 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 candidates of each political party who are nominated, to-wit. Those persons or candidates of such political party or principle who received the highest number of votes for the respective 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 separately as to each political party.

Third. A statement of the whole number of electors registered 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 members 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

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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. 109.]

§ 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 senator, member of congress, state officers, judges of the supreme and district courts and members of the legislative assembly. He shall seal up such abstracts and without delay 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 conjunction with the auditor of the senior county shall compare the votes cast in the several counties comprising such district and such auditors shall immediately make out certificates 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 nomination 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.]

For the purpose

§ 26. STATE BOARD OF CANVASSERS.] of canvassing and ascertaining the result of any primary election the state board of canvassers shall meet at the office of the secretary of state on the first Tuesday in September next following a primary election, and be composed of the following members, viz.: Clerk of the supreme cour!, secretary of state, superintendent of public instruction and the chairman of the state central committee of the two political 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

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.]

§ 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 office 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 secretary 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 official ballot to be voted for at the ensuing general election, except as otherwise provided. 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 candidates of each political party or principle, who are shown to have been nominated for the respective offices in accordance 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. 109.1

§ 29. 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 counties 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 district 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 office in a county composed 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.]

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§ 30. ERRORS, HOW CORRECTED.] Whenever it shall be made to appear by affidavit to the supreme court or to the district court of the proper county that an error or omissio › 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 ballot, 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 person 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 such Judge shall be contempt of court. [1907, ch. 109.]

§ 31. NOMINATIONS, HOW HOW CONTESTED. APPEAL.] Any 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 district 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

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