in each even numbered year. All elective state and county officers, judges of the supreme and district courts, members of the Legislature, and representatives in Congress shall be elected at the general election next before the respective terms thereof shall expire. And, at such election held in the year preceding the expiration of a term of President of the United States, presidential electors shall also be chosen.--Revised Laws 1905, § 153.

§ 3. Definition of terms.-Unless another meaning be clearly indicated by the context, the terms "city" and "village," as used in this chapter, shall mean an incorporated city or village, and the latter shall include boroughs. "Municipality" shall mean an incorporated place, and "municipal corporation" shall include municipalities, counties and town. "Council" shall mean the governing body of a municipality, and "municipal election" the election of officers of a municipality. "Peace officer" shall include sheriffs, constables, policemen and citizens appointed and empowered to perform any of their duties. "Judge" and "clerk" shall mean the judges and clerks of election, respectively, "district" an election district, and "voter" an elector qualified to vote at the election or upon the question referred to. "Senator" and "representative" shall mean senators and representatives in the Legislature, and "polls" shall include the place of voting. "Contestant" shall mean the person who begins any proceeding to contest the result of an election, and "Contestee" the party adverse thereto.-R. L. 1905, § 154.

§ 4. Term of office, when it begins.-The term of office of every state and county officer shall begin on the first Monday in January next succeeding his election, unless otherwise provided by law. -R. L. 1905, § 155. $ 5. Election districts-How constituted and altered, voting machines. Each town, each village that is separated from the town for election purposes, and each ward, shall constitute at least one election district. No district, when first formed, shall contain more than four hundred male voters, provided, however, that where two voting machines are used in any election district, the said districts, when so formed shall contain no more than six hundred male voters. And the council or town board shall so divide, consolidate and rearrange the district from time to time that the number of voters in each shall be substantially equal, and not exceed four hundred. All such changes shall be made by resolution adopted at least six weeks before the next ensuing election, and sixty days' posted notice thereof shall be given before the change shall take effect. Provided, that in cities or villages in this state having less than two thousand population, divided into separate wards or when such city or village is so platted so as to be situate in two adjoining counties, the city or village council of such city or village may by ting of ballots, tally sheets and abstracts of returns, the duties of county and state officers in canvassing returns, the contesting of elections, the calling of special elections, etc., also those parts of the law relating to unorganized or partly organized counties, and to incorporated towns, cities or villages, are omitted as inapplicable to the purposes of this book.

Note to § 2. The "Revised Laws, 1905," is the name given to the "Code" as prepared by the Statute Revision Commission, and amended and passed by the Legislature in 1905, to take effect March 1, 1906, and will be quoted throughout this Manual as "R. L. 1905." The Legislature of 1905, however, passed certain laws, which were not included in "Revised Laws, 1905," and when such laws are quoted or referred to in this Manual, it will be thus "G. L. 1905," "G. L. 1907," "G. L. 1909," "G. L. 1911," "G. L. 1912," or "G. L. 1913," meaning General Laws 1905, 1907, 1909, 1911, 1912 or 1913, as the case may be.

resolution adopted at least thirty days prior to any general or special election designate a single voting place in said city or village in which election for the entire city or village shall be held and one set of election officials presiding thereat shall be sufficient, providing, however, that a separate ballot box for each election district shall be provided, in which the votes of such election district shall be deposited and separate record kept therefor. When such single voting place has been so designated, it shall so continue until changed by resolution of said council adopted at least thirty days prior to a subsequent election-G. L. 1907, Chap. 365, as amended G. L. 1909, Chaps. 125 and 175.

§ 6. Notices to be furnished auditors and clerks.-Between the first days of July and September in each election year the Secretary of State shall cause to be delivered to the auditor of each county a notice, specifying all the officers to be voted for throughout such county at the next general election, and each auditor, on receipt thereof, shall cause a like notice to be delivered to each town, city, and village clerk in his county.-R. L. 1905, § 158.

§ 7. Blanks and copies of law, how provided and distributed. At least sixty days before every general election, the Secretary of State shall transmit to each county auditor a sufficient number of suitable blank forms for lists, registers and affidavits, and such other blanks as are required in preparation for and conduct of such election; also copies of this chapter, or of so much thereof as pertains to the duties of election officers. The auditor shall forthwith deliver to the clerk of every city, town and village in his county the necessary copies of each of such blanks, and one copy of the law for each judge.-R. L. 1905, § 159.

§ 8. Printed instructions to voters.-Uniform instructions to voters, printed in large type upon cards or heavy paper, shall be furnished by the Secretary of State to the auditor of each county, containing such information as will enable the voters quickly and correctly to designate their choice. Whenever the auditor of any county shall notify the Secretary of State that such instructions are also needed in any specified foreign language, the Secretary shall furnish the same. Such cards shall be sufficient in number to allow one for each booth, and four additional for each district; and the auditor shall deliver such cards to the city, village and town clerks in his county, who shall cause one to be posted in each booth, two in the polling room, and two on the outside of the building in which the voting takes place.-R. L. 1905, § 162.

§ 9. Sale of liquors, when forbidden.-No person licensed to sell intoxicating liquors shall sell or otherwise dispose of such liquors at any of the following times:

1. On any day between the hours of 11 in the evening and 5 in the morning.

2. On any general, special, or primary election day. 3. At any hour on Sunday.-R. L. 1905, § 1532.

§ 10. Duty of officers-Proclamation by mayor.-The mayor and all peace officers shall see that the law in relation to the sale and use of intoxicating liquors on election days is strictly enforced, and the mayor of each city, on the day preceding any election therein, shall issue a proclamation that the same will be so enforced; but the failure to issue such proclamation shall not exempt any person violating said law from the penalties thereof.-R. L. 1905, § 163.

§ 11. Holidays.—The word "holiday" shall include New Year's day, Jan. 1; Lincoln's Birthday, Feb. 12; Washington's Birthday,

Feb. 22; Memorial day, May 30; Independence day, July 4; Labor day, first Monday in September; election day, the first Tuesday after the first Monday in November of the even numbered years; Christmas day, Dec. 25; and the Friday next preceding Easter Sunday and commonly known as Good Friday. No public business shall be transacted on those days, except in cases of necessity, nor shall any civil process be served thereon.-R. L. 1905, § 5514, subdivision 6, as amended by G. L. 1907, Chap. 254.

$12.

III.-PRIMARIES.

Rotation of names, when required.-Whenever two or more persons are to be elected to the same office, the names of all candidates of the several political parties for such office shall be so alternated on the ballots used in each election district that they shall appear thereon substantially an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list or group in which they belong. All officers charged with the preparation and distribution of such ballots shall cause the printer's forms to be so transposed and the blocks of ballots to be so made up as to carry out the intent hereof: Provided, that nothing in this section shall apply to the office of presidential elector.-R. L. 1905, § 180.

§ 13. State wide primaries to be held on the third Tuesday in June. On the third Tuesday in June, preceding any general election and seven weeks preceding any city election in cities of the first and second class held for the purpose of electing city officers only, an election of nominees, hereinafter designated as the "primary election," shall be held in each election district for the selection of party and other candidates for all elective offices within the state, to be filed at such election except offices of towns, villages and cities of the third and fourth class, and members of school, park and library boards, in cities having less than one hundred thousand (100,000) inhabitants, and except presidential electors and the office of county surveyor. Every town, city and village clerk shall give at least fifteen days' posted notice of the time and place of holding the same, of the hours during which the polls will be open, and of the offices for which candidates are to be nominated. The day for such primary election shall be the first day of registration in all election districts, except in cities of the first class.-R. L. 1905, § 181, as amended by G. L. 1912, Chap. 2, § 2; as amended by G. L. 1913, Chap. 389, § 1.

§ 14. Election districts for primary elections. The primary election shall be held, in the several districts established for the election next ensuing, at the place where the last election was held, or such other place as may be lawfully fixed. All officers required by law to establish, divide, or combine election districts shall perform their duties in that behalf at least two weeks prior to such election. The maps or descriptions of districts shall be posted at least one week preceding such election, and copies thereof shall be furnished to the judges of election.-R. L. 1905, § 183.

§ 142. To file with secretary of state when to run in more than one county-With county auditor when to run in only one county. At least forty days before the primary election any party eligible and desirous of having his name placed upon the primary ballot as a candidate for chief justice or associate justice of the

Note to $ 12. See § 134 and 135.

supreme court, judge of the district court, state or congressional office or member of the state legislature, shall file his affidavit with the secretary of state when to be voted for in more than one county, and with the county auditor when in a single county, stating his residence, that he is a qualified voter in the subdivision where he seeks a nomination, the name of his party, if for a party office, and the office for which he desires to be a candidate; and if for a party office that he affiliated with said party at the last general election, and, either that he did not vote thereat or voted for a majority of the candidates of said party at such election and intends to so vote at the ensuing election; provided, that all candidates for offices not enumerated above in this section shall file their affidavit as herein provided, not less than twenty days before said primary election. Upon payment by such candidate to the secretary of state of twenty dollars ($20.00), if for any office to be voted for in more than one county, or if for any office to be voted for in only one county, upon payment of ten dollars ($10.00) to the county auditor thereof, the county auditor shall place the name of such candidate upon the primary election ballot of the party designated except where only one person has filed as a candidate for any one office in any one party the name of such candidate shall not be placed upon the primary ballot but shall be considered and shall be the nominee for such office for the party under which such candidate filed and his name shall be placed upon the general election ballot as the nominee of such party for such office; provided, however, that candidates for the legislature shall pay ten dollars ($10.00) only to the secretary of state when the affidavit or petition is filed with him and ten dollars ($10.00) to the county auditor when filed with him, provided that the name of any eligible person may also be placed upon the non-partisan primary election ballot as a candidate for chief justice or associate justice of the supreme court or judge of the district court, upon petition in writing of electors filed within the same time and at the same place and upon payment of the same fee as is provided in case of filing of affidavits by candidates as follows:

For chief justice or associate justice of the supreme court, upon petition of five hundred (500) electors residing within the state; for judge of the district court upon the petition of two hundred fifty (250) electors residing within the district. Such petition shall be in writing and signed by each of the electors joining therein and shall be by each of them acknowledged before an officer authorized by law to administer an oath. Upon the compliance with such requirement, such names shall be placed upon the nonpartisan primary election ballot. No petition shall contain more than double the number of signatures herein required and no officer shall receive for filing or file any petition containing more than double the number of signatures so required. Any person whose name is so presented and filed may withdraw the same by filing an affidavit of withdrawal thereof in the same office in which such petition is filed. Provided, each candidate for state offices, congressmen-at-large, and judges of the supreme court shall pay to the secretary of state the sum of fifty dollars ($50.00) each at the time of filing his affidavit with said officer.-R. L. 1905, § 184, as amended by G. L. 1907, Chap. 226; as amended by G. L. 1909, Chap. 95; as amended by G. L. 1912, Chap. 2, § 3; as amended by G. L. 1913, Chap. 389, § 3.

§ 15. Duties of secretary of state and county auditors-Form of primary ballot.-All voting at a primary election shall be by ballot. On the nineteenth day before a primary election, the secretary of state shall certify to the auditors of the several counties the names of all nominees to be voted for within such counties whose certificates have been properly filed with him, and on the fourteenth day before such primary, each auditor shall group all the non-partisan candidates and the candidates of each political party by themselves, and prepare for public inspection a non-partisan ballot and a separate sample ballot for each political party. The names shall be arranged alphabetically according to the surnames, and each county auditor shall post the sample ballot in a conspicuous place in his office, and give one week's published notice thereof in the official newspaper of his county. One sample ballot only of non-partisan candidates and of each political party, shall be printed for any county, and thereon shall be placed the names of all candidates to be voted for in such county. Each ballot shall be headed by the party name, the words "Primary election ballot," the names of the county and state, and facsimile of the official signature of the auditor preparing it, and a column for first choice votes and a column for second choice votes. The non-partisan primary ballot shall be headed as provided in section 2 of this act and shall not contain a column for second choice votes. Otherwise, the ballots shall be arranged in the same general manner as the ballot used at general elections, with suitable divisions and explanatory notes. Only one form of sample ballot for each political party need be printed for any city, and thereon shall be placed the names of all the candidates to be voted for in the entire city, those to be voted for in any single ward being indicated by the words and figures "First ward," and so on. At the foot of the ballot shall be placed the heading "Ballot for women," under which shall be placed the names of candidates to be voted for by women.-R. L. 1905, § 186, as amended by G. L. 1912, Chap 2, § 4; as amended by G. L. 1913, Chap, 389, § 4.

$ 16. Offices for which no candidate is to be voted for to be omitted from ballot. The auditor of each county in which said primary election is held shall have printed a sufficient number of separate primary election ballots, varied as may be necessary for the several districts and wards. Said primary election ballot shall be in the same general form as to size and kind of type to be used, as is provided for the general election ballot, so far as is practicable. The names of candidates under headings properly designating each official position, shall be rotated upon the ballot in the printing so that the names of all candidates for each office shall be so alternated on the ballots used in each election district that they shall appear thereon substantially an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list or group in which they belong. All officers charged with the preparation and distribution of such ballots shall cause the printer's forms to be so transposed and the blocks of the ballots to be so made up as to carry out the intent hereof. There shall be no printing on the back of the ballots, or any mark to distinguish them, except the initials of the judge or clerk, provided that all offices for which no candidate is to be voted for at such primary election shall be omitted from the ballot. Provided, that in all city primary elections in cities