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cincts of the county as the board of commissioners shall order. The precincts in which voting machines are used shall contain as near as practicable six hundred voters: Provided, This number of voters may be reduced in country precincts at the discretion of the county commissioners. The boundaries of such precincts shall be established by the board of commissioners not later than their regular June session of the year in which a general election occurs in this state, and the order of the board of commissioners for the use of voting machines in such precincts shall be made at the same time that the boundaries are so established; and said boundaries shall not be changed, nor said order rescinded, after such June session of the board of commissioners until after the next ensuing general election: Provided, That if for any reason, it should turn out to be impossible to obtain machines for use in such precincts, then the same may be provided or changed so as to conform to the law with reference to precincts in which machines are not used; and the notice of such division or change shall be given in the manner prescribed by law for notices of change of precinct boundaries: And provided further, That if the board of county commissioners shall have on hand, and certainly ready for use at the election, more machines than precincts have been provided for, they may, at any regular or special session not later than the first day of September in any year in which in a general election is held, unite two or more precincts into one for the purpose of using therein at such election a voting machine, and notice of such uniting shall be be given in the manner prescribed by law for notice of change in precinct boundaries. And the order for use of machines in such united precincts shall be made by the board of county commissioners at the time such precincts are united. The board of county commissioners shall have the care and custody of all machines while not in use.

This section amends section 6329, Burns' R. S. 1901.

6330. Paying for machines.-5. Payment for voting machines purchased or procured may be provided for in such manner as is deemed best for the interests of the county. Money may be borrowed for the purpose, and bonds or other evidences of indebtedness of the county be issued and sold in the same manner and upon the authority prescribed by law.

This section amends section 6330, Burns' R. S. 1901.

6330a. Accepting money or gift, penalty.-3. Any member of any board of county commissioners of any county who shall receive or accept, directly or indirectly, any money, property or other thing of value for his influence, vote or action in connection with the purchase of any voting machine or voting machines by such county from any person, firm or corporation shall be fined in a sum not to exceed three thousand ($3,000.00) dollars, to which may be added imprisonment in the state's prison for a term of two to four years and shall also be disfranchised for a period of ten years.

6330b. School commissioners, names.-4. In the elections in which

there shall be school commissioners to be elected, the proper board of election commissioners shall arrange the names of candidates for school commissioners in order on the several machines in such a way, so far as possible, that the name of each candidate shall appear at the head of the column for his term of office as often as that of any other such candidate shall so appear, and in second, third and fourth place, and each succeeding place, a like number of times.



6339b1. Primary elections in certain coun


6339c1. General laws applied.

6339d1. Precinct boundaries, election of committeeman and delegates. 6339el. Application by candidates, filing,



6339f1. Color of tickets.
6339g1. Primary ballots, form.
6339h1. Qualification of voter.
633911. Booths, closing of polls.
6339j1. Nominees, how determined.
6339k1. City or town officers.
633911. Contest.

[Acts 1905, p. 122. In force March 3, 1905.]

6339b1. Primary elections in certain counties.-1. That on the first Tuesday after the second Monday in June prior to any general election a primary election shall be held for the purpose of nominating all candidates to be voted for, for any office, by the electors of only one county or subdivision thereof; and for the purpose of electing precinct committeemen and delegates to nominating conventions, to nominate all candidates to be voted for by the electors of more than one county: Provided, further, That in case of any election not held on the first Tuesday after the first Monday in November, the primary election for such elections shall be held on the seventh Tuesday prior thereto : that this act shall not apply to the election of delegates to any national, state or congressional convention, nor to any political party which did not cast ten per cent. of the votes cast at the last preceding general election for secretary of state, nor to any county except such as contained within its limits a city having a population of not less than thirty-six thousand five hundred, nor more than forty-three thousand, according to the last preceding United States census.

See sections 6339c-6339al, Burns' R. S. 1901, for act of 1901 regulating primary elections. It seems uncertain whether this act covers all the provisions of the act of 1901.

6339c1. General laws applied.-2. Such primary election shall be governed by the laws now in force or hereafter enacted governing general elections, except as in this act expressly otherwise provided.

6339d1. Precinct boundaries-Election of committeeman and delegates.-3. The boundaries of precincts at any primary election shall be the same as at the ensuing general election. Each political party. within the purview of this act, shall, at such primary election, elect, in each precinct, one precinct committeeman and as many delegates, or

joint delegates, to each nominating convention of the party as may be allotted to the precinct by the county central committee of the party. Such committee shall also have power to appoint precinct committeemen and delegates to nominating conventions, in case of vacancies occurring, in any of said offices subsequent to such primary election, and to allot the election of delegates to the several precincts, or to any group or groups of precincts within a single township of the county, which allotment shall be made as nearly as practicable according to the ratio of the party vote of such precinct for secretary of state at the last preceding general election. No person shall be eligible by election, or by appointment, to the office of precinct committeeman or delegate to any nominating convention, or to hold or continue in any such office who is not an elector and bona fide resident of the precinct or group of precincts he represents.

6339e1. Application by candidates-Filing-Fee.-4. Any person desiring to be a candidate at any such primary election shall file with the clerk of the circuit court at least fifteen and not more than twenty days prior to such election, an application, subscribed and sworn to by him, stating his name, name of his party, his place of residence, the office he desires, that he is eligible thereto, and requesting that his name be placed upon the ballot for the ensuing primary election as a candidate for such office. Such applications shall be filed and numbered in the same orders in which they are presented. If the office sought be lucrative the person filing such application shall therewith pay to such clerk the sum of twenty-five dollars, if the annual emoluments of the office desired exceed five hundred dollars, otherwise, ten dollars, the same to go into and be used as a fund to defray the expenses of such election: Provided, That any fifty electors of the county may, at any time not less than fifteen nor more than twenty days prior to such primary election, by a petition filed with the said clerk, present as a candidate for any office to be voted for at such election any citizen who is eligible to such office; and on the payment of the fees above prescribed his name shall be placed upon the ballot as in case of individual applications.

6339f1. Color of tickets.-5. The names of all persons to be voted for, at any primary election, by the electors of a single township or any subdivision thereof, excepting at the primary elections of towns and cities, shall be placed upon the yellow, or township, ballot; and the names of all persons to be voted for at such election, by all the electors of a single county, shall be placed upon the white, or county, ballot.

6339g1. Primary ballots-Form.-6. Primary election ballots shall bear on their face no word, emblem, device or ornamentation except as in this section indicated and provided. Across the head of the ballot shall be the words, "Make a cross thus X in the square at the left of the name of each person you wish to vote for; and vote only for candidates of one political party." Following these words shall be the list of candidates, headed by words indicating the party to which such



candidates belong; each list, together with the squares at the left of the names, enclosed within a rectangle; the names of all candidates for the same office grouped together; each group separated from the group following by a black-faced line; the groups, in all the lists standing in the same order; with equal space allowed, in all the lists, to groups for the same office. At the head of each group of candidates and within the rectangle enclosing the group shall be the name or title of the office for which the persons named in the group are candidates, preceded by the word "For," and in case more than one person is to be elected to such office, followed by the words, "Vote for filling the blank with the word indicating the number to be voted for. The names of all candidates in each group shall be placed in the same order in which the applications were filed. Candidates for election as committeemen and delegates to nominating conventions shall be grouped at the end of the list of candidates, in the following order: Joint senatorial, joint representative and precinct committeemen. The space allowed for the name of each candidate shall be three-eighths of an inch. The squares at the left of the names shall be one-quarter of an inch. The intention of this section is that the said ballots shall be in the following form:

"Make a cross, thus X in the square at the left of the name of each person you wish to vote for; and vote only for candidates of one political party."

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6339h1. Qualification of voter.-7. Any person who shall be entitled to vote at any general election shall be entitled to vote at the preceding primary election; but if any voter attempts to vote for any of the candidates of more than one political party, at any primary election, such attempt shall be deemed to be a distinguishing mark and shall invalidate the ballot.

6339i1. Booths-Closing of polls.-8. There shall be provided, in each precinct, at least one additional booth, for each two hundred voters in the precinct in excess of three hundred, and the polls may be kept open until eight o'clock p. m.: Provided, That if more than fifteen minutes pass at any time after six o'clock p. m. without the offer of a vote the polls shall be closed.

6339j1. Nominees-How determined.-9. The person, in each party, who receives at any primary election, the highest number of legal votes for any public office, shall be the nominee of his party for said office at the ensuing general election; and the person receiving the highest number of legal votes for any party office, shall be declared to be the choice of his party for such office. If two or more persons shall receive the highest and an equal number of votes for the same office, the canvassing board shall immediately, upon the conclusion of a count and before certifying the result determine by lot the person entitled to the office. Certificates of election shall be given by the township board of canvassers to the persons elected to party offices, and the nomination of candidates for public offices shall be certified by the proper township or county canvassing board, as in case of nominations by conventions.

6339k1. City or town officers.-10. In case of any primary election, preceding any general election in any city or town for the election of city or town officers only, any person desiring to be a candidate at such primary election shall file his application with the city or town clerk; and the duties of this act required to be performed by township and county officers and boards, shall be performed by corresponding city or town officers and boards.

633911. Contest.-11. Any elector who had a right to vote for any candidate, at any such primary election, may contest the election of such candidate before the county central committee of the party to which the contestee belongs, which committee, in case of a contest, shall meet at the court house on the second Tuesday following such election and proceed summarily to hear and determine such contest, and its decision shall be final. The contestor, on or before the first Tuesday after such election, shall file with the clerk of the circuit court his exceptions in duplicate, stating the grounds of the contest. The clerk shall immediately publish notice of such contest in some newspaper of the county, send notice thereof by mail to each member of such central committee and cause a certified copy of such exceptions to be delivered to the contestee. For the purpose of such contest all papers returned by boards of election shall be preserved until such contests are decided.

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