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dollars, and shall be approved by the judge and by the clerk of the district court of the proper county or subdivision under the directions of the judge.

Appeals to the supreme court under the provisions of this article must be taken within ten days after notice of entry of final judgment and the party appealing must inmediately procure the trnsmission of the record on such appeal to the clerk of the supreme court and such appeal may be brought on for a hearing before the supreme court at any time such court shall be in session, upon five days. notice from either party; and the same shall be heard, and determined in a summary manner, except as otherwise provided in this article. The provisions of the code of civil procedure are applicable to and constitute the rules of practice in the proceedings mentioned in this article and the provisions of the civil code of procedure relative to appeals in civil actions, except in so far as they are inconsistent herewith, apply to the proceedings mentioned in this article. [1907, ch. 109.]

§ 32. PRESENT ELECTION STATUTES APPLY. The provisions of the statute now in force in relation to the holding of elections, the solicitation of votes, the manner of conducting elections, of counting ballots and making return thereof, and all other kindred subjects shall apply to all primaries in so far as they are consistent with this act; the intent of this act being to place the primary election under the regulation and protection of the laws now in force as to election. [1907, ch. 109.]

§ 33. TIE VOTE, DETERMINED HOW.] In case of a tic vote the same, shall be determined by the canvassing board or boards concerned, at a time and place fixed by them in such manner as they may designate in the presence of the candidates, upon at least five days notice to such candidates. [1907, ch. 109.]

§ 34. NOT REPEALED.] Nothing herein contained shall be construed as repealing or being in conflict with section 501 of the revised codes of 1905. [1907, ch. 109.]

$ 35. FEES PAID COUNTY.] All fees paid to the secre tary of state by candidates for the legislative assembly shall be paid by the secretary of state forthwith to the various county auditors in the state where such candidates reside and in case any legislative district is composed of more than one county such fee shall be paid to such coun ties in equal proportions, which fees are to be turned into the general fund of said county by the auditor. [1907, ch.

109.

§ 36. ACT VALID.] In case any of the provisions of this act should be declared unconstitutional, that shall not affect the validity of any of the other provisions of this act. [1907, ch. 109.]

$37. PENAL CODE APPLICABLE.] All of the provisions of chapter 5 of the penal code in so far as the same relates to crimes against the elective franchise, are hereby made applicable to elections held pursuant to the provisions of this act. [1907, ch. 109.]

§ 38. PRESENT COMMITTEES CONTINUE.] Every state, county, district and city committee of each political party now eligible under the provisions of this act shall remain the regularly constituted committee of the respective parties until succeeded as provided for in this act. 1907, ch. 109.]

§ 39. PRECINCT COMMITTEEMEN. HOW ELECTED.] At the primary each voter may write in the space left on his ticket for that purpose the name of one qualified elector who is a member of his own party and a resident of his precinct, and the one receiving the highest number of votes shall be the precinct committeeman. The official returns made by the elec tion board from each precinct shall show the name and address of such precinct committceman thus chosen by each party. Upon the canvass of the returns the county auditor shall immediately notify in writing each precinct committeeman so selected, together with those provided for in section 40 of this act, of their selection and the date of the meeting of the county central committee. [1911, ch. 211.]

§ 40. COUNTY AND STATE COMMITTEE. HOW SELECTED. TIME AND PLACE OF MEETING.] The county committee of each party shall be composed of all the precinct committeemen of each party in addition to committeemen chosen at large by the following named county nominees of each party, selected in the following manner, to-wit: The nominees for the following county offices, namely: Clerk of court, county treasurer, county auditor, register of deeds, sheriff, states attorney, superintendent of schools and county judge, and the legislative nominees residing in such county shall be entitled to select and appoint in writing one committeeman at large, which appointment shall be immediately filed with the county auditor. The committeeman thus appointed, together with the precinct committeemen elected as prescribed in section 39 hereof, shall constitute the county committee of each county, and they shall meet in the court house at the county seat of each county at two o'clock P. M., on the third Wednesday after each primary election

and organize by selecting a chairman, a secretary and a treasurer, by adopting rules and modes of procedure, and by selecting an executive committee consisting of from five to nine persons chosen from the county committee, of which executive committee the chairman and secretary shall be members. Such county committee shall at the same time select one person who shall be a legal voter to act upon and be a member of the state central committee of such party in all counties consisting of one legislative district, and in counties having more than one legislative district, the precinct committeemen from each legislative district shall select one person from their respective legislative district; and when two or more counties are embraced in one legislative district; and the county committee of each county shall meet at the court house of the county seat of the senior county of such district at two o'clock P. M., on the fourth Wednesday after such primary election, and select one person, who shall be a legal voter, to act upon and be a member of the state central committee of such party. The members so selected as state central committeemen shall meet at the state capitol on the first Wednesday in September and organize by selecting a chairman, a secretary and treasurer, and shall adopt rules and modes. of procedure and promulgate and publish a platform or principle upon which its candidates shall stand. Each member of any committee shall retain such position until his successor is chosen. Every member so selected shall be a legal voter. Vacancies shall be filled by a majority of the committee by appointment from the district in which such vacancy exists. [1911, ch. 211.]

ELECTION PRIVILEGES

§ 1. PRIMARY CAMPAIGN EXPENSES LIMITED.] No sum of money shall be paid, and no expenses authorized or incurred by or on behalf of any candidate to be paid by him, except such as he may pay to the state for printing, as herein provided, in his campaign for nomination to any public office or position in this state, in excess of fifteen (15) per cent of a year's compensation or salary of the office for which he is a candidate; provided, that no candidate shall be restricted to less than two hundred ($200.00) in his campaign for such nomination; provided, that the provisions of this act shall not be construed to apply to the candidate's personal traveling expenses. No sum of money shall be paid and no expenses authorized or incurred contrary to the provisions of this act, for or on behalf of any candidate for nomination. [1911, ch. 129.]

§ 2. PUBLICITY PAMPHLET. CANDIDATES' STATEMENTS.] Any candidate for nomination to any state or district office, when the district is composed of one or more counties, may file with the secretary of state for publication as herein provided, not later than forty (40) days before the biennial primary nominating election, with his portrait cut if he wishes, a printed or typewritten statement, on the conditions set forth, over his signature, stating the reasons why he should be nominated. Each candidate shall be allowed one (1) page of printed matter, and those opposing him shall each be allowed one page of space on equal terms with him, as herein provided. [ 1911, ch. 129.]

§ 3. RATES.] Candidates for nomination shall pay for one page of space in the publication herein provided for as follows: For the office of United States senator, one hundred dollars; for representative in congress, one hundred dollars; for justice of the supreme court, seventy-five dollars; for governor, one hundred dollars; for secretary of state, one hundred dollars; for state treasurer, one hundred dollars; for state auditor one hundred dollars; commissioner of insurance, superintendent of public instruction, attorney general and commissioner of labor, each seventy-five dollars; for railroad commissioner twenty-five dollars; for senator or representative in the legislative assembly,

ten dollars; for district judge, fifty dollars; for county judge, register of deeds, county auditor, county treasurer, state's attorney, sheriff and county school superintendent, each twenty-five dollars. All payments required by this section shall be made to the secretary of state when the statement is offered to him for filing, and be by him paid into the general fund of the state treasury. Any candidate for state offices may have additional space, not exceeding three pages, at the rate of one hundred dollars a page, and any candidate for county or legislative office may have additional space not exceeding two pages, at the rate of twenty-five ($25.00) dollars a page. [1911, ch. 129.]

§ 4. PRINTING STATEMENTS.] Not later than thirty days before the primary nominating election the secretary of state shall properly complete, edit, prepare, and index for printing all such statements and portrait cuts and cause the same to be printed in pamphlet form, printing and pictures of candidates with and as a part of their several statements, where such portrait cuts are offered; statements of those who directly oppose any candidate shall follow next after his statement. All of the statements filed for and against all the candidates for nomination to each office shall be printed in the order in which the candidates' names are grouped under the title of their offices on the official ballot at the nominating election. No picture, statement or argument for or against any candidate for nomination shall be included in the copy of the pamphlet going to any county where such candidate is not to be voted for. The said pamphlets shall be printed and delivered to the secretary of state as quickly as possible and the delivery shall be completed not less than twenty (20) days before the nominating election. [1911, ch. 129.]

§ 5. ADDRESSES OF VOTERS.] The several county auditors shall obtain the post office addresses of all voters in their respective counties which shall be taken from the registration lists in case of party registration, and in case no party registration then such addresses may be procured from the personal property tax books of that year and other authentic source, and on or before the thirtieth (30th) day preceding the nominating election, mail to the secretary of state the name, post office address and party registration of every such person, and at least twenty (20) days before the regular biennial primary nominating election, the secretary of state shall forward by mail to every such person a copy of the pamphlet containing the names and statements herein provided for. The pages of the pamphlet required by this act shall be six by nine inches in size, and the printed matter therein shall be set in eight point type, single leaded, and twenty-five ems pica in width, with proper headings. [1911, ch. 129.]

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