Elections, Conduct and Management of. 1903, p. 438, § 44. 363. Registration certificate and poll tax receipt; when not Oct. 9, required. Electors whose names appear on the list of registered voters and list of those who have paid all poll tax due furnished the inspectors by the judge of probate, may vote without producing their registration certificate or poll tax receipt. 364. Poll tax list furnished by tax collector.-On February Ib., § 46. 1st of each year the several tax collectors shall furnish the judges of probate an alphabetical list of all persons who have paid poll tax since February 1st of the preceding year, and said statement shall show for what year each poll tax was paid. The tax collector shall attach to said statement an affidavit that it is a true statement of all the poll taxes during the term mentioned and contains no poll taxes not paid during said time. 365. Poll tax list delivered to inspector.-Each judge of Ib., § 47. probate shall deliver or cause to be delivered to an inspector at each voting place immediately preceding each regular election an alphabetical list of all persons in such precinct who have paid all poll taxes due prior to February 1st preceding the election, and an alphabetical list of all registered voters in such precinct. 366. Returns of election; how made and duty of probate Ib., § 55. judge. One copy of the certificate of the result of the election shall be signed by the inspectors and enclosed in an envelope, which shall then be securely sealed, and each of the inspectors shall write his name across every fold at which the envelope, if unfastened, could be opened. That said envelope, with certificate enclosed, shall be at once delivered to the returning officer of the precinct, who shall deliver the same in the condition received to the judge of probate. The judge of probate shall keep and preserve the same unopened until the board of supervisors meet to ascertain the result of the election. In case of loss, mutilation, or absence of the original certificate of the result of the election, by the inspectors of any voting place, the envelope shall be opened, and the copy therein shall be accepted as a certificate of the result of the election for that voting place. 367. Poll list sealed.-The poll list shall be sealed in an lb., § 55%. envelope before the inspectors begin to count the vote, and shall not be opened. 368. Candidate barred by bribery.-Any candidate for office Ib., § 56. in any election upon conviction of bribing, or attempting to influence voter, under section 6790 (4694) of this Code shall, in addition to the fine, be declared ineligible for the office to which he was elected for that term. Oct. 9, 1903, p. 438, § 57. Ib., § 58. Ib., § 59. Ib., § 60. Elections, Conduct and Management of. 369. (1597) (358) (265) (244) (202) Oaths of election officers. Before entering upon their duties, inspectors and clerks must take an oath to perform their duties at the election according to law, and such oath may be administered by any person authorized by law to administer oaths, or by any one of the inspectors. (Aikin's Digest, p. 139, § 11.) 370. (1629) (373) (277) Challenge of voters.-Any qualified elector of the precinct in which any person proposes to vote shall have the right to challenge such person so offering tỏ vote whom he may know or suspect is not entitled or duly qualified as an elector to vote at the precinct where he offers to vote. The challenge shall be communicated to the inspectors before the person is permitted to vote, by the sheriff or some other person in attendance and in charge of admission to the polling place, where his right to vote must be determined as provided by sections 408 and 409 (1630) of this Code. (Feb. 21, 1893, p. 837, § 29; Mar. 3, 1875, p. 76, § 33.) 371. (1621) Limit of polling place. Except as electors are admitted to vote and persons to assist them as herein provided, and except the sheriff or his deputy, the inspectors, returning officer, clerks of elections, and watchers, no person shall be permitted within thirty feet of the polling place. (Feb. 21, 1893, p. 837, § 28.) 372. (1606) Names of candidates placed on ballots; certificate of nomination. The probate judge of each county shall cause to be printed on the ballot to be used in their respective counties, the names of all the candidates who have been put in nomination by any caucus, convention, mass meeting, primary election, or other assembly of any political party or faction in this state, and certified in writing and filed with him not more than sixty nor less than twenty days previous to the day of election. The certificate must contain the name of each person nominated and the office for which he is nominated, and must be signed by the presiding officer and secretary of such caucus, convention, mass meeting, or other assembly, or by the chairman and secretary of the canvassing board of such primary election, and their signatures must be duly acknowledged by one or more of them before an officer authorized by law to take acknowledgments. The judge of probate shall also cause to be printed upon the ballots the name of any qualified elector who has been requested to be a candidate for any state, county, municipal, or federal office by written petition signed, in case of a candidate for a state or federal office, by at least three hundred electors, and in case of a county or Ballots, Form and Character of-Nominee May Decline. municipal office, by at least twenty-five electors qualified to vote in the election, to fill said office; when such petition has been filed with him not more than sixty days nor less than twenty days previous to the election. In case of a person to be voted for by the electors of the whole state or of an entire congressional district or judicial circuit or chancery division, the certificate of the nomination or the petition must be filed in the office of the secretary of state not less than thirty days before the day of election; and the secretary of state must thereupon immediately certify to the judge of probate of each county in the state in case of an officer to be voted for by the electors of the whole state, and the judges of probate of the counties composing the circuit, division, or district in case of an officer to be voted for by the electors of a circuit, division, or district, upon suitable blanks to be prepared by him for that purpose, the fact of such nomination and the name of the nominee or nominees and the office to which he or they may be nominated. In case of a person to be voted for by the electors of a senatorial district, the petition or certificate of nomination must be filed with the judge of probate of each county composing the senatorial district. (Feb. 21, 1893, p. 837, § 16.) ARTICLE 8. BALLOTS, FORM AND CHARACTER OF-NOMINEE MAY DECLINE. 373-380. SECTION. 373. Ballots; how printed. 374. Party emblem on ballots. 376. Emblems which shall not be SECTION. 377. Emblems when party is di- 378. Form of ballots used. 379. Ballots; how printed. 438, § 61. 373. (1607) Ballots; how printed. The ballots printed in Oct. 9, accordance with the provisions of this chapter shall contain 1903, p. the names of all candidates nominated by caucus, convention, mass meeting, primary election, or other assembly of any political party or faction, or by petition of electors and certified, as provided in the preceding sections, but the name of no person shall be printed upon the ballots who may, not less than twenty days before the election, notify the judge of probate in writing, acknowledged before an officer authorized by law to take acknowledgments, that he will not accept the nomination specified in the certificate of nomination or petition of electors. (Feb. 21, 1893, p. 837, §§ 16, 19.) Oct. 9. 1903, p. 438, § 62. Ib. Ib. Ib. Ib. Ballots, Form and Character of-Nominee May Decline. 374. Party emblem on ballots.-Each political party shall, by its state party convention or state executive committee, adopt, prepare, and file with the secretary of state, at least sixty days before each election for state officers, by engraving or otherwise, at least one hundred and fifty copies of an emblem to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereof; and such emblem shall not be more than one inch and a half square. No party shall adopt an emblem similar in appearance to an emblem already adopted by another political party or organization, and the secretary of state shall, upon the presentation or offer to him of any emblem which in his opinion is so like any other emblem already filed as to be likely to mislead any voter, forthwith notify the committee or any officer thereof or any person sending or offering such emblem of such similarity or resemblance, and shall require such party, organization, or committee to adopt, prepare, and file another emblem. The emblem once adopted, prepared, and filed as aforesaid, shall continue the emblem of the party adopting the same until it is changed by the same or like authority as prepared, adopted, and filed the original emblem, and the changed emblem as prepared and adopted, is filed and accepted by the secretary of state as in case of the original emblem. 375. Certificate of probate judge, as to emblem. The secretary of state shall, immediately after an emblem has been filed in his office, certify to each judge of probate in the state the fact of the adoption of said emblem by the political party filing the same, with a proof copy thereof. 376. Emblems which shall not be adopted. The coat of arms or seal of any state or United States, or the national flag, or the likeness of any person living or dead, or religious emblem or symbol of any secret or fraternal organization or society, or the symbol of any industrial organization, or a representation of a coin or the currency of the United States, shall not be used as an emblem. 377. Emblems when party is divided.-When there is a division of any political party and each faction claims the party emblem, the judge of probate shall at once certify the fact to the chairman of the state executive committee of that party, who shall within ten days notify the judge of probate which ticket is entitled to the party emblem, and the judge of probate shall be governed by the decision of said chairman, whereupon the other factions may file with the judge of probate an emblem to be used in that election only. 378. Form of ballots used.-There shall be provided at each polling place at each election at which public officers are voted Ballots, Form and Character of-Nominee May Decline. for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all candidates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided in this chapter, together with the title of the office, arranged in tickets under the titles of the respective political parties or independent bodies as certified in the certificates of nomination. 438, § 63 379. (1611) Ballots; how printed. All ballots shall be Oct. 9, printed in black ink on clear book paper, and every such ballot 1903, P. printed in accordance with the provisions of this article shall contain a party device for each political party represented on the ticket. The arrangement of the ballot shall in general conform as nearly as practicable to the plan hereinafter given. The list of candidates of the several parties shall be printed in parallel and in perpendicular columns, each column to be headed by the chosen device of such party, and the party name or other designation in such order as the secretary of state may direct. The number of columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the ballot is provided, and in the appropriate place the words vote for one (or two or other number, as the case may be) to indicate the number which may be elected to each office. On the right of each ballot shall be a column in which shall be printed only the titles of the office for which candidates may be voted for by the electors at the polling places for which the ballot is printed. Said column is designated as "blank column" and in such column the voting spaces shall be omitted, but in all other respects such blank column shall be a duplicate of the political party columns upon such ballot. (Feb. 21, 1893, p. 837, § 21.) 380. Ballots for independent candidates.-The elector may Ib, § 63. write in the column below under the title of the office the name of any person whose name is not printed upon the ballot for whom he may desire to vote. In case of nomination by independent bodies, the ballot shall be so arranged that at the right of the last column for party nomination the several tickets of the names of the independent candidates shall be printed in one or more columns according to the space required, having above each of the tickets the political or other names selected to designate such independent nomina |