placed in the ballot-box, and the ballot-box shall then be locked and the key removed; whereupon said judges of election shall all write their names upon a slip of paper of sufficient length for the following purposes: Said slip of paper, after the signing of their names thereon by said judges, shall then be pasted over the keyhole of the said box and extending upward to the upper lid of the box and carried for some distance over the top, and it shall be placed in such a way that the signatures of said judges shall extend across the place of the opening of the lid of the box, so that when the box is opened it shall tear such paper and destroy the signatures written thereon, and when the key shall be inserted in the keyhole it will tear the paper so pasted over the keyhole. Such paper shall be fastened with some adhesive material and so as not to permit the removal of such slip of paper without defacing it.

SEC. 40. Disposition of ballots.-The judges shall fold in two folds and string closely upon a string or wire, all ballots counted by them, except those marked "defective," or "rejected," unite the ends of such string or wire in a firm knot, enclose the ballots so strung in an envelope, on which shall be endorsed, in writing or print, the number of the precinct, date on which such election was held, and securely seal such envelope, so that it cannot be opened without breaking the seal, and return said ballots, together with the package containing the ballots marked “defective" or "objected" or "rejected," in such sealed package or envelope to the election commissioners. Two of said judges of opposite politics shall immediately after signing the statement of the result of the canvass and tally sheets and the sealing of the ballot-box, go together to the office of the election commissioners and deliver said ballot-box and the key thereto to said election commissioners, who shall keep the office open until all of said ballot-boxes have been received. Immediately upon receiving said ballot-boxes said commissioners shall give a receipt therefor to said judges, and shall place them properly arranged in the order of precinct numbers in boxes which shall be securely locked. Said boxes shall be placed in a vault having a double lock, and said vault shall be locked and keys retained by commissioners of opposite political parties. Said election commissioners shall securely keep said ballot-boxes for twelve months, not opening or inspecting them nor allowing any one else to do so, except upon order of court in case of contested election, or when it shall be necessary to produce them at the trial of any offense committed under this article. At the end of twelve months after said election, said ballots shall be destroyed: Provided, that if any contest of the election of any officer voted for at such election, or prosecution under this article shall be pending at the expiration of said time, the said ballots shall not be destroyed until such contest or prosecution be finally determined.

SEC. 41. Statement and tally-sheet to be delivered to commissioners, etc.-Another judge shall take a statement of the votes cast into his possession, sealed up in an envelope as aforesaid, and one of the clerks shall take a tally-sheet, sealed up in an envelope as aforesaid, and the judge having possession of statement and the clerk having possession of tally-sheet, shall each, before twelve o'clock of the next day after such election, deliver the statement and tally-sheet to the said election commissioners, and take a receipt from them therefor. And it shall be the duty of the said election commissioners to receive the same, and keep safely under lock and key until ordered to be surrendered as herein provided.

SEC. 42. Judges and clerks to be exempt from jury duty.Every judge or clerk of election shall be exempt from jury duty from the day of his qualification as such until two years after his term of office expires if and so long as he performs his duty as such judge or clerk at every election held in the precinct for which he is appointed from the day of his qualification until his term of office expires; and where a judge or clerk, duly appointed by the board of election commissioners, has qualified and performed his duty as judge or clerk at an election, he shall be exempt from jury service until the next election, and if such second election falls within the term for which he is appointed and he fails to perform his duties thereat, his exemption from jury service shall thereby cease. Any person not regularly appointed by the board of election commissioners, but who shall duly serve as judge or cierk at any election, because appointed to fill a vacancy at the polling place, shall be exempt from jury service for six months thereafter. It shall be the duty of the jury commissioners in all cities subject to this act having jury commissioners, to see that no person is summoned to do jury service during the time for which he is exempt, as herein provided. And it shall be the duty of the board of election commissioners, after each election, to certify to the jury commissioners the names of the judges and clerks who served at such election.

SEC. 43. Disposition of ballot-boxes by commissioners-(penalty for failure to deliver to commissioners.)-The said election commissioners, upon the receipt of said ballot-box and key thereto, shall note the condition of seal or stamp on said box, and enter the fact touching the same upon a book kept by them, together with the name of the judge who returns such ballot-box; he shall thereupon open said ballot-box and remove the poll-books containing the returns of the votes cast, and note upon the book their condition, and put them in a secure place under lock and key, to which the public, in no event, shall have access.

SEC. 44. Abstract of votes, how made-copy to be sent to secretary of state.-Within eight days after the close of such election such board of election commissioners shall publicly open all the returns aforesaid and shall make abstracts of statements of all the votes for governor and lieutenant-governor on one sheet; all votes for other state officers on another sheet; all votes for presidential electors on another sheet; all votes for judges of the supreme court on another sheet; all votes for judges of the court of appeals on another sheet; all votes for members of congress and for senators and representatives to the general assembly on another sheet; all votes for county officers on another sheet; all votes for city officers on another sheet; all votes for any other officer on a separate and appropriate sheet; all votes for and all votes against any proposition which may be submitted to a vote of the people on another sheet. It shall be the duty of such board to canvass, add up and declare the result of every election held within the boundaries of such city, and transmit an abstract of the same to the secretary of state, or other proper officer, as required by law; and such abstracts or results, and a certified copy thereof, shall be treated everywhere within the state, and by all public officers, with the same force and effect as the abstract of votes now authorized by the laws of the state in such cases made and provided.

SEC. 45. Commissioners to make out and deliver certificates of election. The election commissioners shall make out a certificate of election to each person having the highest number of votes for the several

offices voted for, including aldermen and members of the municipal assembly, and deliver such certificate of election to the person entitled to it on his application.

SEC. 46. Procedure in case fraud in returns is suspected.-If, upon opening the various returns so made, there shall be anything to indicate that a change has been made in such returns since signing the same by the judges and clerks, or any fraud in any respect touching such returns, it shall then be the duty of the board to have all the tallies opened and examined. If there shall be any doubts as to the genuineness of such returns for any precinct, and as to the actual vote as originally returned, and the truth respecting the same remain uncertain, it shall be the duty of said canvassers to examine any person or persons who were present at the time of the proclamation so made by the judges of election in such precinct, about which any doubt may arise, and the board shall be permitted to place such parties or witnesses under oath and examine them touching the same, and it shall be their duty to cause such parties who were present at the time of such proclamation to come before them, and a subpoena may be issued by the election commissioners compelling any such witness to come before such board and give their evidence touching the matter; and it shall be the duty of said board to declare the result of the vote in any such precinct in regard to which any question arises in the vote, in the same manner as it was proclaimed by the judges of election after the canvass by them in such precinct. The result, so declared, shall be binding and conclusive, except in case of election contests.

SEC. 47. Compensation of commissioners, secretary and clerks— expenses paid by city.-In all cities not within counties such election commissioners, secretary of the board, judges and clerks of election and registration and clerks and assistants employed by the board of election commissioners shall be paid by the city. The members of said board of election commissioners shall each receive a salary of three thousand dollars a year, and the secretary of the board a salary of two thousand dollars a year, all payable monthly. The assistants and clerks employed by the election commissioners shall each receive a salary of four dollars per day for the time actually employed, payable monthly. All office and other expenses incurred by said board of election commissioners, and all office and other expenses and costs and expenses of registration and election in such cities shall be paid out of the city treasury. All printing, binding, books, stationery, etc., shall be paid for in the same manner and contracted for by the board of election commissioners.

SEC. 48. Compensation of judges and clerks of election, etc.The judges and clerks of election and the members of boards of registration and clerks, in cities in this state having 300,000 inhabitants and over, shall each receive four dollars a day, for pay and compensation for their services. Said pay and compensation of judges and clerks of election, boards of registration and clerks shall be paid by such city, and the municipal assembly thereof is hereby required to make the necessary appropriation for such payments. (b.)

SEC. 49. Majority may act for board.-The act of a majority of such board of election commissioners shall in all cases arising under this article be considered as the act of said board of election commissioners.

SEC. 50. Board to audit accounts.-Said board of election commissioners shall audit all the claims of the judges of election and of

(b) See 155 Mo. 485.

registration and all other claims, expenses and accounts under this article, and shall draw a warrant therefor upon the proper officer.

SEC. 51. Repealing inconsistent acts.-Article VIII, chapter 102 of the Revised Statutes of Missouri of 1899, and all acts amendatory thereto is hereby repealed, and all acts or parts of acts inconsistent with this act, are hereby repealed, in so far as they are inconsistent therewith.

LAWS ESPECIALLY APPLICABLE

ΤΟ

KANSAS CITY AND JACKSON COUNTY.

*PRIMARIES IN JACKSON COUNTY-LAWS 1901.

SECTION 1. Primary elections, how called.-All primary elections hereafter holden by any voluntary political association or party, having polled at least one-fourth of the total vote cast at the next preceding general election in counties which now or may hereafter have over one hundred and seventy-five thousand and less than three hundred thousand inhabitants for delegates to any convention or the selection of a managing committee or for the nomination of candidates for public office by a direct vote of the people, except delegates to a city or congressional convention, shall be called or ordered by published notice upon the vote of a majority of the county central or controlling committee of such voluntary political association or party.

SEC. 2. Notice of purpose to hold primary to be published-shall contain, what.-At least sixty days prior to the regular state and county elections, and at least twenty days prior to any convention to which delegates are to be elected, said county central or controlling committee shall cause to be published for at least five consecutive days in at least two daily newspapers of general circulation, printed in the English language, at least one of which shall be printed in the largest city in such county, a notice which shall state the purpose of such primary, and the time for holding the same, the location of the various voting places for such primary, the number of delegates to which each ward or election district is entitled, and the time and place at which delegates [delegations] and the names of candidates may be filed. (Amended, Laws 1903.)

SEC. 3. Primary election, held, when.-All primary elections shall be held at least forty days before any general election, and at least three days before any convention to which delegates are to be elected at said primary election.

SEC. 4. Qualifications of voter.-No person shall be allowed to vote at any primary election within a city in such county having a board of election commissioners and a system of registration, unless he shall be at the time of such primary election an actual and bona fide resident of the primary election district where he shall offer his vote, and

*See 160 Mo. 317.