party shall be separately printed in black ink upon paper of uniform quality and the ballot shall vary in size and form only as to the names and number of candidates of each party may require.

Section 18. Duty of County Auditors.] The County Auditor shall at least thirty days prior to the primary date post in a conspicuous place near his office an announcement of the color of the primary ballot and shall also furnish a copy of such announcement to the official newspaper of the county which announcement shall be published therein for at least one week.

Section 19. Designation of Ballot.] At the top of the Primary Election Ballot in large letters there shall be words designating the ballot. If a Republican Ballot the words shall be REPUBLICAN PRIMARY BALLOT and like designation for the ballot of any other political party having ballot before such primary. The County Auditor shall furnish the copy of the official ballot to the printer not less than fifteen days prior to the date of the primary and the necessary number of official ballots and sample ballots shall be printed at the expense of the county provided the number of official Primary ballots shall be equal to one and one-half times the number of registered electors of each political party as shown by the Auditor's records at the time of submitting such copy to printer by the County Auditor and the number of sample ballots shall be equal to one-half of the number of registered electors as shown by such County Auditor's records.

Section 20. Party Registration.] No elector in the State of South Dakota shall be permitted to vote at any party Primary election unless he is duly registered as herein provided or unless he shows a substantiated affidavit that he is entitled to vote in such primary as hereinafter provided.

Section 21. Notice of Party Registration.] The County Auditor shall publish a notice in the official newspaper of the county for at least two issues commencing with the second issue in January prior to the primary, a notice in the following form:

NOTICE OF REGISTRATION

Notice is hereby given to all electors in

County that a primary election will be held on the day of May for the purpose of placing in nomination party candidates for United States Senator, Representatives in Congress, Governor and County and Legislative officers and for the purpose of electing one party State Committeeman and delegates to the party State Convention and no person will be allowed to vote any party ballot at such primary election unless he has registered his party affiliations with the County Auditor at least fifteen days before the date of such primary. Any qualified elector can register in person with the County Auditor or on card by mail.

County Auditor.

County.

Section 22. Registration by Card.] The County Auditor shall prepare cards with the notice provided in Section 21 of this Act printed upon the back thereof and upon the face the following:

FILL OUT, SIGN AND RETURN

To

County Auditor:

I hereby declare that I am a member of the and a qualified elector of

party

precinct; that I intend to vote

Laws-6.

the

ballot at the primary and support the nominees of such primary and State Convention at the general election in November, and you are authorized to register me as a

Signed

Immediately after the first Monday in February the County Auditor shall mail one of such cards to each elector of the county as shown by the registration list in his office from the last general election and any other qualified elector of the county that may come to his knowledge.

Section 23. Registration Books.] From the names that have been registered in person and by card the County Auditor shall prepare the party registration book for each precinct of the county designating each registered elector by the initial of the name of the party for which he registered. Thus if he is a Republican "R" if a Democrat "D", etc., and furnish such registration books to the superintendent of the primary election judges when the election supplies are delivered to be used in such precinct at such primary election.

Section 24. Duty of Ballot Clerk.] Duty of Ballot Clerk.] It shall be the duty of the ballot clerk when an elector demands a ballot to ascertain from the registration book whether or not he is registered and if he is registered for what political party and if his name is found on the registration book to deliver to him the party primary ballot of the party he had declared he was a member of in his registration and for no other. If his name is not found in the registration book he is not entitled to vote for any party candidate and must be refused a ballot unless he makes affidavit substantiated by two registered electors of the political party of which he claims to be a member, a resident of the precinct in which he offers to vote showing that he is a member of the party in which he seeks to vote and that he failed to register on account of some unavoidable circumstance and when such affidavit properly substantiated as above provided has been made it shall be the duty of the ballot clerk to deliver to him a ballot. When the election is closed and convention is completed the registration books shall be placed in the ballot box together with the affidavits of unregistered electors who have been permitted to vote and returned to the County Auditor and kept in his office as permanent records.

Section 25. Notice of Primary Election.] Not less than thirty days prior to the holding of the primary the County Auditor shall prepare a notice in substantially the following form:

NOTICE OF PRIMARY ELECTION

Notice is hereby given that, as provided by law, a primary election will be held at the regular polling places in all of the voting precincts of County, South Dakota, on the day of May, 19 between the hours of 8:00 o'clock A. M. and 5:00 o'clock P. M. for the purpose of allowing the members of each political party in the State by their own separate party vote to choose their several party candidates for County and Legislative offices which are to be filled by election at the next general election, and to elect their several State and precinct committeemen and delegates to their several party state conventions.

Dated this

day of

County Auditor.

Section 26. Further Duties of County Auditor.] The county shall also at the expense of the county, procure a sufficient number of printed copies of the Notice of the primaries prepared under the provisions of Section 25 of this Act and shall at least fifteen days prior to

the holding of the primary mail not less than five copies thereof to the town clerk of every organized township of the county and the city or town clerk or auditor of every town or city in the county a sufficient number of copies so that at least five copies may be posted in each precinct in such city or town. In cases where the voting precincts are not within an organized township, town or city the Auditor shall mail to some responsible elector residing within such precinct five copies of said notice.

Section 27. Auditor to Deliver Ballots and Supplies to Sheriff.] The County Auditor shall deliver ballots and other primary election supplies to the sheriff with the name of the precinct plainly marked thereon for which they are intended, the number of ballots enclosed for each political party, and take a receipt from the sheriff therefor. And the sheriff shall forthwith, and not less than twelve hours before the time fixed for the opening of the polls for the primary election judges of the precincts designated. For his services the sheriff shall recover from the county the same compensation as does he receive for like service rendered as provided by law for the November Election.

The number of "Offi

Section 28. Number of Ballots Provided.] cial Primary Ballots" for each political party in each election precinct shall be equal to sixty-five for each fifty registered primary electors of each party as shown by the primary registration records in the office of the County Auditor for each election precinct. The number of sample ballots provided shall be not more than twenty for each fifty registered primary electors of each political party in each election precinct. The remainder of the "Official Primary Ballots" shall be retained by the County Auditor in his office to supply any precinct that may through loss or destruction of regular official primary ballots, which extra ballots may be supplied any such precinct by the County Auditor upon request made by the judges of such primary in any such precinct.

Section 29. Judges; How Appointed.] The County Auditor shall not less than fifteen days before any primary appoint three judges of election for each precinct, one of whom shall be designated by the County Auditor as Superintendent. If there are three political parties that have candidates before such primary the County Auditor shall appoint one judge from each of the three parties, but if there are less than three political parties participating then the County Auditor shall use his own discretion in such appointive distribution.

Section 30. It shall be the duty of the Judge appointed and designated as Superintendent to erect and have ready for the primary a sufficient number of booths, which shall be furnished by the County, together with other supplies as shall enable the voter to prepare his ballot, without delay or interference. The provisions for voting shall be the same as now provided by law for voting at the general election.

Section 31. If any person appointed as judge of election fails to qualify and serve such judge the place shall be filled by the electors present representing the several political parties present, and the person so selected to fill the vacancy shall be vested with the same power for that primary as if appointed judge of election by the County Auditor. The judges shall choose two electors to act as clerks of the primary election.

Section 32. Judges May Administer Oath.] The judges of said primary election and each of them are hereby empowered to administer to each other and to the clerks the oath of office, which oath shall be taken previous to the votes being taken. Such oath shall be the same. as now prescribed for Judges and Clerks of any general election.

The primary election shall in all cases be conducted in conformity with the laws governing the conduct of general elections insofar as the same are not modified by the provisions of this Act or are not inconsistent with its terms.

Section 33. Illegal Voting; Penalty.] Any person knowing himself ineligible to vote who votes or who impersonates or attempts to impersonate a registered elector in or to vote at a primary election shall be punished by a fine not exceeding two hundred ($200.00) dollars or by imprisonment in the county jail not exceeding six months.

Section 34. Interference Prohibited.] It shall be unlawful for any person who is a member of one political party to interfere with any other political party in the voting of the members thereof or obstruct the voting of such party at such primary or to create any disturbance in or about the polling place on primary election day, or to attempt to intimidate any registered elector or to induce any registered elector to remain away from the polls on primary election day, or to electioneer or persuade any elector to vote for or against any candidate when such electioneering or solicitation is within fifty feet of the polls. It shall also be unlawful for any judge of clerk of election to volunteer or give any advice to any elector as for whom he should vote or against while such judge or clerk of election is acting as such. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor and punished accordingly.

Section 35. Voting at the Primary; Duties of Judges.] One of the judges of the primary election shall have charge of all of the ballots and also of the party primary registration book and as each voter of any election precinct presents himself and requests a ballot he shall, the judge having such ballots in charge, be asked: "Of what party are you a member?" and upon the voter stating to what party he belongs, the judge of election having charge shall stamp such ballot on the back with a stamp to be furnished by the county "Official Primary Ballot" and deliver to each voter the party ballot to which he shall be entitled, according to his party registration as an elector under the provisions of this Act. Any registered elector who from physical disability is unable to mark his ballot may call on one of the judges who may mark the ballot for him as he directs and deposit the same in the ballot box.

Section 36. Poll Books.] A party registration book and two poll books shall be furnished to each election precinct by the County Auditor at the expense of the County of all which should be returned to the County Auditor by the election judges after the canvass of the vote within the precinct, and shall be and remain a part of the records of the office.

Section 37. Opening of Polls.] Upon the opening of the polls one of the judges shall announce the fact and after the polls are open no adjournment or recess shall be had until the ballots are canvassed and returns made. Thirty minutes before the closing of the polls announcement shall be made that the polls will be closed in one half hour. After which the votes shall be canvassed at the polling place by the officers and under the same rules and restrictions that govern judges with like duties at any general election, and the returns of such primary be made by one of the judges the same as general election returns are made.

Section 38. False Returns.] Any judge or clerk of any primary election or any county canvassing board or other officer whose duty it is to keep, make or canvass or deliver returns of any primary election, who shall knowingly and wilfully make any false canvass, count, certificate, abstract list or return, or who shall alter or change the same after hav

ing been correctly made or who shall fail to preserve, forward and deliver any returns entrusted to him for that purpose shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding three hundred ($300.00) dollars or by imprisonment in the county jail not exceeding three months.

Section 39. Marking Ballots.] No official ballot shall be marked in any way other than by a cross (X) in the square at the left of the name of the candidate the elector wishes to vote for, and any ballot marked otherwise shall be marked on the back by the election judges "Not Canvassed" unless such marking is sufficiently plain to enable the judges to determine the intent of the voter. The ballots so marked "Not Canvassed" shall be placed in a separate envelope upon which shall have endorsed thereon the words "Primary Ballots Not Canvassed" and such ballots shall be subject to review by the County Primary Election County Election Board and if such county canvassing board shall be able to determine the intent of the voter it shall add such vote to the list returned from such primary election precinct for the candidate or candidates for which such vote was intended by the voter.

Section 40. Names of Voters Entered by Clerk.] The name of every voter whose vote is accepted at a primary election shall be entered by the clerks upon the poll books and there shall also be entered by the clerks in such poll books opposite the name of each person voting, in a column arranged in said books for that purpose, a letter or other designation showing the name of the political party whose ballot such elector voted.

Section 41. Canvass of Votes.] On the first Saturday after the primary the County Auditor shall, with the assistance of the Clerk of Courts and the County Judge, open and canvass all of said returns and make separate statements for each political party which shall show the total number of votes cast for each candidate whose name is printed or written on the official party ballot of each party and the same shall be kept on file in the office of the County Auditor.

Section 42. Highest Vote Nominates or Elects.] Any candidate for nomination or election, as provided in this Act, who receives the highest number of votes by the voters of his party for any candidate for nomination or election as the case may be, to the office for which he is a candidate shall be the nominee of such party for such office, or if an elective position at such primary shall be elected to such position, and the canvassing board shall issue to such nominated or elected candidates a certificate of nomination or election as the case may be. And the County Auditor shall print the names of such nominees upon the official ballot at the following general election.

Section 43. Party Platform.] Party Platform.] At the State Convention provided for by this Act the delegates present shall promulgate and a platform of principles for such party and such platform of principles shall thereafter until the next succeeding State Convention, be the platform of such party and shall not be usurped by any other political party.

Section 44. Organization of County Central Committee.] The chairman of theCounty Central Committee of each political party shall be selected by the candidates of that party for county and legislative offiSuch chairman shall select his own secretary but said County Central Committee shall select its treasurer. Any vacancy in such County Central Committee shall be filled by appointment by the chairman thereof.

cers.

Section 45. Central Committee to Fill Vacancies.] The County and State Central Committee shall respectively have the power and