chapter xiii.-election laws. - wa

SESSION LAWS, 1889-90.

CHAPTER XIII.-ELECTION LAWS.

PROVIDING FOR THE DISTRIBUTION OF BAL-LOTS, AND THE CONDUCT OF ELECTIONS.

AN ACT providing for printing and distributing ballots at publicexpense, and to regulate voting at State and other elections.

Be it enacted by the Legislature of the State of Washing-ton:

lallots printed SECTION i. All ballots cast at elections for public officersand distributed

penee- within this state (except school and irrigation district officersand road overseers) shall be printed and distributed atpublic expense, as hereinafter provided. The printing ofballots and cards of instruction for the electors in eachcounty, and the delivery of the same to the election officers,as hereinafter provided, shall be a county charge, the pay-ment of which shall be provided for in the same manneras the payment of other county expenses; but the expenseof printing and delivering the ballots shall, in the case ofmunicipal elections, be a charge upon the city or town inwhich such election shall be held.

pmenon or SEC. 2. Any convention, primary meeting or primary elec-tion, as hereinafter defined, held for the purpose of makingnominations for public office, and also electors to thenumber hereinafter specified may nominate candidates forpublic office, to be filled by election within the state. Aconvention, or primary meeting, within the meaning of thisact, is an organized assemblage of electors or delegates,representing a political party or principle, and a primaryelection is a legally conducted election for the nominationof candidates for public office.

SEC. 3. All nominations made by such convention,primary meeting or primary election shall be certified as

Certificate of follows:The nomination, shall innomination. Theovs certificate of nmatowhich salbe i

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writing, shall contain the name of each person nominated,his residence, his business, his address, and the office forwhich he is named, and shall designate, in not more thanfive words, the party or principle which such convention,primary meeting or primary election represents, and itshall be signed by the presiding officer and secretary ofsuch convention or primary meeting, or in case of a primaryelection by one of the judges and the clerk thereof, whoshall add to their signatures their respective place of resi-dence, their business and addresses. Such certificate, madeout as herein required, shall be delivered by the secretary Certificates

must be filed.or president of such convention or primary meeting, clerkor judge of the primary election, to the secretary of state,or to the clerk of the board of county commissioners, ashereinafter required.

SEC. 4. Certificates of nomination of candidates for ofstate or districtnominations.

fices to be filled by the electors of the entire state, or ofany division or district greater than a county, shall be filedwith the secretary of state. Certificates of nominationfor county and precinct offices shall be filed with the clerksof the boards of county commissioners of the respectivecounties wherein the officers are to be elected. Certifi-cates of nomination for municipal offices shall be filed with Municipal.

the clerks of the respective municipal corporations whereinthe officers are to be elected. The certificate of a nomi-nation for an office in a district composed of more thanone county, shall be filed in the offices of the clerks ofthe boards of county commissioners of all the counties tobe represented by such joint officer or member.

SEC. 5. Candidates for public office may be nominated Candidates:d

otherwise than by convention or primary meeting, or pri-mary election, in the manner following: A certificate ofnomination, containing the name of a candidate for theoffice to be filled, with such information as is required tobe given in certificates provided for in section three -ofthis act, shall be signed by electors residing within thedistrict or political division in and for which the officer orofficers are to be elected, in the following numbers: Thenumber of signatures shall not be less than one hundredwhen the nomination is for an office to be filled by the

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electors of the.entire state, and need not exceed fifty whenthe election is for an office to be filled by the electors of acounty, district or other division less than the state, andneed not exceed ten when the nomination is for an officeto be filled by the electors of a township, precinct or ward:Provided, That the said signatures need not all be ap-pended to one paper. Each elector signing a certificateshall add to his signature his place of residence, his busi-ness and his address. Such certificate may be filed asprovided for in section four of this act, in the same man-ner and with the same effect as a certificate of nominationmade by a party convention, or primary meeting or pri-mary convention.

Limit of cer- SEc. 6. No certificate of nomination shall contain thetificate andnomination. name of more than one candidate for each office to be

filled. No person shall join in. the nomination of morethan one person for each office to be filled, and no personshall accept a nomination to more than one office.

Duty of secre- SEC. 7. The secretary of state and the clerks of boardstary of state

andmssiooners. of county commissioners of the several counties, and ofthe several municipal corporations, shall cause to be pre-served in their respective offices for six months all certifi-cates of nomination filed in their respective offices underthe provisions of this act. All such certificates shall beopen to public inspection under proper regulations, to bemade by the officers with whom the same are filed. Theboard of county commissioners of each county in the state

shall, at their first session after the taking effect of this

Election pre- act, divide their respective counties into election precincts,cincts.

and establish the boundaries of the same. Such board ofcommissioners shall designate one voting place in eachprecinct, and each precinct shall contain two hundred and

fifty electors, or less, based on the number of votes cast atthe last general election; but no precinct shall containmore than three hundred electors. If at any election

hereafter three hundred or more votes shall be cast atany voting place, it shall be the duty of the inspector in

such precinct to report the same to the board of countycommissioners, who shall, at their next regular meeting,divide such precinct as nearly as possible so that the new

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precincts formed thereof shall each contain two hundredand fifty electors, as nearly as practicable.

SEC. 8. Certificates of nominations to be filed with the Limit for filingcertificates.

secretary of state, shall be filed not more than sixty days,and not less than thirty days, before the day fixed by lawfor the election of the persons in nomination. Certifi-cates of nomination herein directed to be filed with theclerk of the board of county commissioners, shall be filednot more than'sixty days, and not less than twenty days,before the election. Certificates for the nomination of can-didates for municipal offices shall be filed with the clerks ofthe respectiveinunicipal corporations not more than thirtydays, and not less than three days, previous to the day ofelection: Provided, That the provisions of this section shallnot be held to apply to nominations for special electionsto fill vacancies caused by death, resignation or otherwise.

SEC. 9. Not less than twenty nor more than thirty daysbefore an election to fill any state or district office, thesecretary of state shall certify to the clerk of the board of Secretaryof

county commissioners of each county within which any of certiiy.

the electors may by law vote for candidates for such office,the name and place of residence of each person nomi-nated for such office, as specified in the certificates ofnomination filed with the secretary of state.

SEC. Io. At least ten days before an election to fill anypublic office other than a municipal office, the clerk of theboard of county commissioners of each county shall causeto be published in one or more newspapers within the Publication of

nominatoscounty the nominations to office certified to him underthe provisions of this act. The clerk of the board ofcounty eommissioners shall make such publications daily,until the.elections, in counties where daily newspapers arepublished; but if there be no daily newspaper publishedwithin the county, two publications in each newspaperwill be sufficient; and if there be no paper published inany county, written or printed notices shall be posted innot less than three conspicuous places in such precinct.One of such publications in each newspaper shall be uponthe last day upon which such newspaper is issued beforeelection. In the case of municipal elections, such publi-

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cations shall be made in one or more newspapers devotedto the dissemination of general news, and published withinthe municipal corporation in which the election is to beheld at least three days before the election, the publica-tion to be daily until election, where there are dailynewspapers; but if there be no daily newspaper publishedwithin the municipal corporation, one publication in eachnewspaper shall be -sufficient, and if there be no news-paper, the notices shall be posted as above provided.

When nomina- SEC. i i. Whenever any person nominated for publiction is void.

office, as in this act provided, shall, at least twenty daysbefore election, except in the case of municipal elections,in a writing signed by him, notifying the officer with whomthe certificate nominating him is by this act required tobe filed that he 'declines such nomination, such nominationshall be void. In municipal elections such declinationmust be made at least two days before the election.

Vacancies. SEC. 12. Should any person so nominated die beforethe printing of the tickets, or decline the nomination as inthis act provided, or should any certificate of nominationbe or become insufficient or inoperative from any cause,the vacancy or vacancies thus occasioned may be filled inthe manner required for original nominations. If the orig-inal nomination was made by a party convention whichhad delegated to a committee the power to fill vacancies,or by primary election, the committee of the politicalparty he represents may, upon the occurring of suchvacancy, proceed to fill the.same. The chairman and sec-retary of such committee shall thereupon make and filewith the proper officer a certificate setting forth the causeof the vacancy, the name of the person nominated, theoffice for which he was nominated, the name of the personfor whom the new nominee is to be substituted, the factthat the committee was authorized to fill vacancies, andsuch further information as is required to be given inan original certificate of nomination. The certificate somade shall be executed in the manner prescribed for theoriginal certificate of nomination, and shall have the sameforce and effect as an original certificate of nomination.When such certificate shall be filed with the secretary of

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state, he shall, in certifying the nominations to the various Dutyofsecre-tary of state.

county clerks, insert the nameof the person who has thusbeen nominated to fill a vacancy in place of that of theoriginal nominee. And in the event that he has alreadysent forth his certificate, he shall forthwith certify to theclerks of the boards of county commissioners of the propercounties the name and place of residence of the person sonominated to fill a vacancy, the office he is nominated for,the party or political principle he represents, and the nameof the person for whom such nominee is substituted.

SEC. 13. When any vacancy occurs before election dayand after the printing of the tickets, and any person isnominated according to the provisions of this act to fillsuch vacancy, the officer whose duty it is to have thetickets printed and distributed shall thereupon have printed Cngi

a requisite number of stickers and shall mail them byregistered letter to the judges of election in the variousprecincts interested in such election, and the judges ofelection whose duty it is made by the provisions of thisact to distribute the tickets shall affix such stickers in theproper place on each ticket before it is given, out to theelector.

SEC. 14. Whenever a proposed constitution or constitu- Submittingquestion to

tional amendment or other question is to be submitted to vote.

the people of the state for popular vote, the secretary ofstate shall duly, and not less than thirty days beforeelection, certify the same to the clerk of the board ofcounty commissioners of each county in the state, and theclerk of the board of county commissioners of each countyshall include the same in the publication provided for insection ten of this act. Questions to be submitted to thepeople of a county or municipality shall be advertised asprovided for nominees for office by said section.

SEC. I5. Except as in this act otherwise provided, it Duty of clerk of5 coDmissioners.

shall be the duty of the clerk of the board of county com-missioners of each county to provide printed ballots forevery election for public officers in which electors, or anyof the electors within the county, participate, and to causeto be printed on the ballot the name of every candidatewhose name has been certified to or filed with the county

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clerk in the manner provided for in this act. Ballots otherthan those printed by the respective clerks of boards ofcounty commissioners, according to the provisions of thisact, shall not be cast or counted in any election. Nothing

Privilege of in this act contained shall prevent any voter from writingvoter.

or pasting on his ballot the name of any person for whomhe desires to vote for any office, and such vote shall becounted the same as if printed upon the ballot and markedby the voter, and any voter may take with him into thepolling place any printed or written memorandum or paperto assist him in making or preparing his ballot, except ashereinafter otherwise provided.

or school and SEC. 16. Elections for school and irrigation districtirrigation dis-trict officers, officers and road overseers are excepted from the provis-

ions of the preceding section, and in all municipal electionsthe duties specified in the preceding section as devolvingon the clerk of the board of county commissioners shalldevolve on the municipal clerk.

Requirements SEC. 17. All ballots prepared under the provisions offor ballots.

this act shall be white and of a good quality of paper,and the names shall be printed thereon in black ink.Every ballot shall contain the name of every candidatewhose nomination for any office specified in the ballot hasbeen certified or filed according to the provisions of thisact, and no other names. The names of candidates foroffice shall be arranged under the designation of the officein alphabetical order, according to surnames, except thatthe names of electors of president and vice president of theUnited States presented in one certificate of nominationshall be arranged in a separate group. Every ballot shallalso contain the name of the party or principle which thecandidates represent, as contained in the certificates ofnominations. At the end of the list of candidates for eachoffice shall be left a blank space large enough for the nameof a candidate to be written in. There shall be a marginon each side at least half an inch in width, and a reason-able space between the names to be printed thereon, sothat the voter may clearly indicate, in the way hereinafterprovided, the candidate or candidates for whom he wishesto cast his ballot. Whenever the secretary of state has

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duly certified to the clerk of the board of county commis-sioners any question to be submitted to a vote of thepeople, the clerk of the board of county commissionersshall have printed on the. regular ballots the question insuch form as will enable the electors to vote upon thequestion so presented in the manner hereinafter provided.The clerk of the board of county commissioners shall alsoprepare the necessary ballots whenever any question isrequired by law to be submitted to the vote of the elec-tors of any locality, and not to the state generally: Pro-vided, however, That in all questions submitted to the voters Municipal

clerks.of a municipal corporation alone, it shall be the duty ofthe municipal clerk to provide the necessary ballots.

SEC. 18. The clerk of the board of county commissionersof each county shall provide for each election precinct inthe county three hundred ballots for every fifty or fraction Number or sup-

ply of ballots.of fifty electors registered in the precinct. If there is noregistry in the precinct, the clerk of the board of countycommissioners shall provide ballots to the number of threehundred for every fifty or fraction of fifty electors whovoted at the last preceding election in the precinct: Pro-vided, however, That in municipal elections it shall be theduty of the municipal clerk to provide tickets as specifiedin this section.

SEC. 19. Whenever it shall appear by affidavit that an Errororomis-Sion,

error or omission has occurred in the publication of thenames of the candidates nominated for office, or in theprinting of the ballots, the superior court of the countymay, upon application of any elector, by order, require theclerk of the board of county commissioners or municipalclerk to correct such error, or to show cause why sucherror should not be corrected.

SEC. 20. Before the opening of the polls, the clerk ofthe board of county commissioners of the county (or themunicipal clerk in the case of municipalselections), shallcause to be delivered to the judges of election of eachelection precinct which is within the county (or within themunicipality in case of municipal elections), and in whichthe election is to be held, at the polling place of the pre-cinct, the proper number of ballots as provided for in sec-

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Official tickets. tion eighteen of this act. He shall also deliver to the saidjudges a rubber or other stamp, with ink-pad, for the pur-pose of stamping or designating the official tickets, ashereinafter provided. Said stamp shall contain the words"official ballot," the name or number of the election pre-cinct, the name of the county, the date of the election, andthe name and official designation of the clerk who fur-nishes the tickets. The stamps and ballots shall be givento the inspector of each election precinct; but in case itmay be impracticable to deliver such stamps and ballotsto such inspector, then they may be delivered to one ofthe judges of election of any such precinct. And inmaking the appointment of judges of election under thisact, and other election laws of this state, not more than amajority of such judges of election shall be appointedfrom any one political party for each precinct.

Polling places. SEC. 2 1. The inspectors of election shall provide in theirrespective polling places a sufficient number of places,booths or compartments, which shall be furnished withsuch supplies and conveniences as shall enable the voterconveniently to prepare his ballot for voting, and in whichelectors may mark their ballots, screened from observa-tion, and a guard rail so constructed that only personswithin such rail can approach within fifty feet of the bal-lot-boxes, or the places, booths or compartments hereinprovided for. The number of such places, booths or com-partments shall not be less than one for every fifty electorsor fraction thereof registe'red in the precinct, or Voting atthe last preceding election where there is no registration.In precincts containing less than twenty-five voters, theelection may be conducted under the provisions of thisact without the preparation of such booths or compart-ments as required in this section. No person other than

electors engaged in receiving, preparing or depositing their

ballots, or a perspn present for the purpose of challengingthe vote of an elector about to cast his ballot, shall be per-

mitted to be within said rail, and in case of small precincts

where places, booths or compartments are not required, no

person engaged in preparing their ballots shall in any way

be interfered with by any person, unless it be some one

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authorized by the provisions of this act to assist him orthem in preparing his or their ballot. The expense ofgxen ofo

providing such places or compartments and guard rails partments.

shall be a public charge, and shall be provided for in thesame manner as the other election expenses. On or be-fore the first day of September of each year in which anelection is to be held, the officers now charged by lawwith the division or alternation of election precincts shall,as far as necessary, alter or divide the existing electionprecincts in such manner that each election precinct shallnot contain more than three hundred voters.

SEC. 22. At any election it shall be the duty of the in- Duty or in-Spector,

spector or one of the judges of election, to deliver ballotsto the qualified electors. Before delivering any ballot toan elector, the said inspector or judge shall print on theback and near the top of the ballot, with the rubber orother stamp provided for the purpose, the designation"official ballot," and the other words on the said stamp asprovided for in section twenty of this act, and also writehis initials thereon. Each qualified elector shall be en-titled to receive from the said judges one ballot.

SEC. 23. On receipt of his ballot, the elector shall forth- Prparing

with, and without leaving the polling place, retire alone toone of the places, booths or compartments provided, toprepare his ballot. He shall prepare his ballot by mark-ing a Cross before or after the name of the person or per-sons for whom he intends to vote. For example, " x," orin case of a ballot containing a constitutional amendment,or other question, to be submitted to the vote of thepeople, by crossing out therefrom parts of the ballot insuch a manner that the remaining part shall express hisvote upon the question submitted, or the elector may writein the blank spaces or paste over any other name the nameof any person for whom he may wish to vote. In mark-ing a ballot, any elector shall be at liberty to use or copyany unofficial sample ballot which he may choose to mark effilcal bal-

or to have had marked in advance of entering the pollingplace or booth; but no elector shall be at liberty to use orbring into the polling place any unofficial sample ballotprinted in the exact style, manner, width or character of

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paper of the official ballot. After preparing his ballot theelector shall fold it so that the face of the ballot will beconcealed, and so that the endorsement stamped thereonmay be seen. He shall then vote forthwith and beforeleaving the polling place: Provided, however, That anyelector who desires to vote for an entire group may marka cross as above described against the political designa-tion of such group, and shall then be deemed to havevoted for all the persons named in such group whosenames shall not have been erased.

Limitof occu- SEC. 24. Not more than one person shall be permittedpaincv.

to occupy any one booth at one time, and no person shallremain in or occupy a booth or compartment longer thanmay be necessary to prepare his ballot, and in no eventlonger than five minutes: Provided, That the other boothsor compartments are occupied.

SEC. 25. Any voter who shall, by accident or mistake,spoil his ballot may, on returning said spoiled ballot, re-ceive another in place thereof

Ignorantor SEC. 26. Any-voter who declares to the judges of elec-physically dis-abled may be tiOn, or when it shall appear to the judges of election thatassisted,. oaper jde

he can not read, or that by blindness or other physicaldisability he is unable to mark his ballot, shall, upon re-quest, receive the assistance of one or two of the electionofficers in the marking thereof, and such officer or officersshall certify on the outside thereof that it has been somarked with his or their assistance, and shall thereaftergive no information regarding the same. The judgesmay, in their discretion, require such declaration of disa-bility to be made by the voter under oath before them,and they are hereby qualified to administer the same.No elector, other than one who may, because of his ina-bility to read, or physical disability, be unable to mark hisballot, shall divulge to anyone within the polling place thename of any candidate for whom he intends to vote, or toask or receive the assistance of any person within thepolling place in the preparation of his ballot.

Dutyofelection SEc. 27. No inspector or judge of election shall depositofficers.

in any ballot-box any ballot upon which the official stampas hereinbefore provided for does not appear. Every per-

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son violating the provisions of this section shall be deemedguilty of a misdemeanor.

SEC. 28. The clerk of the board of county commission- Dutyofclerkofcommissioners.

ers of each county shall cause to be printed in large type,on cards, in English, instructions for the guidance ofelectors in preparing their ballots. He shall furnish tensuch cards to the judges of election in each election pre-cinct, and one additional card for each fifty electors orfractional part thereof in the precinct, at the same time and'in the same manner as the printed ballots. The judges ofelection shall post not less than one of such cards in eachplace or compartment provided for the preparation of bal-lots. and not less than three of such cards elsewhere in andabout the polling places upon the day of election. Saidcards shall be printed in large, clear type, and shall con-tain full instructions to the voters as to what should bedone, viz.: First, to obtain ballots for voting; second, toprepare the ballots for deposit in the ballot-boxes; third,to obtain a new ballot in the place of one spoiled by acci-dent or mistake. Said card shall also contain a copy ofsections thirty, thirty-one, thirty-two and thirty-three ofthis act. There shall also be posted in each of the apart-ments or booths one of the official tickets without the offi-cial stamp hereinbefore provided for, and not less thanthree such tickets posted elsewhere in and about thepolling places upon the day of election.

SEC. 29. In the canvass of the votes, any ballot which Void ballots.

is not indorsed, as provided in this act, by the officialstamp and initials, shall be void and shall not be counted,and any ballot or parts of a ballot from which it is impos-sible to determine the elector's choice shall be void andshall not be counted: Provided, That when a ballot is suffi-ciently plain to gather therefrom a part of the voter's in-tention, it shall be the duty of the judges of election tocount such part.

SEC. 30. Any person who shall falsely make, or make Penaty ror3 fraud.oath to or fraudulently deface or fraudulently destroy anycertificate of nomination, or any part thereof, or file or re-ceive for filing any certificate of nomination knowing thesame or any part thereof to be falsely made, or suppress

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any certificate of nomination which has been duly filed,or any part thereof, or forge or falsely make the official in-dorsement on any ballot, shall be deemed guilty of a felony,and upon conviction thereof, in any court of competentjurisdiction, shall be punished by imprisonment in thepenitentiary for a period of not less than one year normore than five years.

Penalty for de- SEC. 31. Any person who shall during the election wil-racing. fully remove or destroy any of the supplies, or other con-

veniences placed in the booths or compartments for thepurpose of enabling the voter to prepare his ballot, orprior to or on the day of election, wilfully deface or destroyany list of candidates posted in accordance with the pro-visions of this act, or who shall during an election teardown or deface the cards printed for the instruction ofvoters, shall be deemed guilty of a misdemeanor, and uponconviction thereof in any court of competent jurisdiction,shall be fined in any sum not exceeding one hundreddollars.

General pen- SEC. 32. Any public officer upon whom any duty is im-alty.

posed by this act, who shall wilfully do or perform any actor thing herein prohibited, or wilfully neglect or omit toperform any duty as imposed upon him by the provisionsof this act, shall be deemed guilty of a misdemeanor, andupon conviction thereof shall forfeit his office, and shallbe punished by imprisonment in the county jail for a termof not less than one month nor more than six months, orby a fine of not less than fifty dollars and not more thanfive hundred dollars, or by both such fine and imprison-ment.

Limitofelec- SEC. 33. No officer of election shall do any electioneer-ti0neering.

ing on election day. No person shall do any electioneer-ing on election day within any polling place, or anybuilding in which an election is being held, or within fiftyfeet thereof, nor obstruct the doors or entries thereto, orprevent free ingress to and egress from said building.Any election officer, sheriff, constable, or other peaceofficer, is hereby authorized and empowered, and it ishereby made his duty, to clear the passageway and preventsuch obstruction, and to arrest any person creating such

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obstruction. No person shall remove any ballot from thepolling place before the closing of the polls. No personshall show his ballot after it is marked to any person in Secrecy.

such a way as to reveal the contents thereof, or the nameof any candidate or candidates for whom he has markedhis vote, nor shall any person solicit the elector to showthe same; nor shall any person except a judge of electionreceive from any elector a ballot prepared for voting. Noelector shall receive a ballot from any other person thanone of the judges of election having charge of the ballots,nor shall any person other than such inspector or judgesof -election deliver a ballot to such elector. No electorshall vote or offer to vote any ballot except such as he hasreceived from the judges of election having charge of theballots. No elector shall place any mark upon his ballot Balotsmust

not be marked.by which it may afterwards be identified as the one votedby him. Any elector who does not vote a ballot deliveredto him by the judges of election having charge of the bal-lots shall, before leaving the polling place, return suchballot to such judges. Whoever shall violate any of theprovisions of this section shall be deemed guilty of a mis-demeanor, and upon conviction thereof in any court ofcompetent jurisdiction shall be fined in any sum not ex-ceeding one hundred dollars, and adjudged to pay the costof prosecution.

SEC. 34. It shall be the duty of the secretary of state to Duty of secre-tary of state.

cause to be published, in pamphlet form, and distributedthrough the clerks of the boards of county commissionersof the respective counties, a sufficient number of copies ofthis law, together with the registration law of the state andsuch other laws as bear upon the subject of election, aswill place a copy thereof in the hands of all officers ofelections.

SEC. 35. At all elections held under the provisions ofthis act, the polls shall be opened at nine o'clock A. m. andclosed at seven o'clock P. m1.

SEC. 36. All acts and parts of acts inconsistent with theprovisions of this act are hereby repealed.

Approved March 19, 1890.

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REGISTRATION OF VOTERS.

AN ACT to provide for and to regulate the registration of voters incities and towns, and in precincts having a voting population oftwo hundred and fifty (250) or more.

Be it enacted by the Legislature of the State of Washing-ton:

SECTION I. In all cities and towns, and all voting pre-cincts having a voting population of two hundred and fifty(250) or more, who are entitled to the right of suffrage, asshown by the number of votes cast at the preceding generalelection, there shall be a registration of voters, prior toall general or municipal elections, as herein provided.

Duty of mayor. SEc. 2. It shall be the duty of the mayor or chiefexecutive officer of each city or town, immediately uponthe taking effect of this act, to procure and open for theregistration of voters a poll-book for each ward or votingprecinct of such city or town, and on the first Monday ofJanuary in each year to procure and open a like book ofregistration for each of said wards and voting precincts;and for all precincts having a voting population of twohundred and fifty (250) or more, outside of any city ortown, the board of county commissioners for the countyin which any such precinct exists shall, in like manner,

Poll-book. procure and open a poll-book for the registration of votersin such precinct or precincts, and shall designate a legalvoter in each of said precincts, who shall be the officer ofregistration in such precinct, whose duties shall be thesame as those devolving upon the city or town clerk,under the provisions of this act; and the board of countycommissioners shall fix the compensation of such officerof registration, which shall be paid the same as otherelection expenses.

. SEC. 3. Such poll-books shall at all times be kept at theoffice of such city or town clerk or officer of registrationof such city, town or precinct; and the city or town clerkand the person designated by the board of county com-missioners, as herein provided, shall be the officers of reg-istration of such city, town or precinct, and it shall be his

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duty to register all citizens of said city, town or voting Duty of regis-

precinct on such poll-books, as hereinafter provided.SEC. 4. It shall be the duty of all citizens of such city,

town or voting precinct, after the opening of the books asherein provided, to apply to the city or town clerk, orofficer of registration, and be registered therein, at suchtime or times as said books shall be open for that purpose,as provided in this act; and such registration when made,as in this act provided, shall entitle such citizens to vote Effect of regis-

tration.in their respective wards and precincts. If such citizensare otherwise legally qualified voters at such election, andhave so caused themselves to be registered, such registra-tion shall be prima facie evidence of the right of such cit-izens to vote at any election held in such city, town orprecinct subsequent to such registration, and precedingthe first Monday of January next thereafter.

SEC. 5. It shall be the duty of the city or town clerk or Publishing no-

officer of registration, upon the receipt of the poll-books inthis act provided for, to cause to be published a notice in anewspaper of general circulation in such city, town or pre-cinct for ten days, notifying the citizens of said city, townor precinct that they can register at his office, according tothe provisions of this act; and a like notice shall be pub-lished each year, within twenty days after the first Mondayin January of each year. The notice for the year 1890shall be published within thirty days after the taking effectof this act.

SEC. 6. The poll-books in this act provided for shall be Poll-booksalways open.

open at all times during the year for the registration ofvoters, except that they shall be closed for the purpose oforganization ten days preceding any election to be held insuch city, town or precinct. The city or town clerk orofficer of registration shall give notice of the closing ofsuch books by a notice published at least five days preced-ing the day of such closing, which notice shall be publishedin a newspaper of general circulation in said city, town orprecinct for three days, and shall state the time of closingsuch books.

SEC. 7. The registration shall be in the following formin said book:

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Form of regis-try.

DATE OFREGISTRA- NAMES. CHECK OCCUPA ESIDENCE. REMARKS.

TON. TNE. AGE ION. EIEC. RMRS

.. .... ..... .. ..... .. . .. .... .. .. .. ... .... .... ... ..... .. .. .. ..................

The names of the persons registered shall be entered inalphabetical order, and an entry shall be made oppositethe name of each person to correspond to each of theheads contained in the head of the registry list. Underthe head of " Residence " the number and street of thehouse or building, or the number of the lot and block, orother description of the location whereon the house orbuilding is situated where the person registered residesshall be entered.

1ust register in SEC. 8. No person shall be registered unless he appearsperson.

in person before the city or town clerk or officer of regis-tration, at his office during usual office hours, and applyto be registered, and give his name, age, occupation andparticular place of residence, as required to make theproper entries in the poll-books.

Registraton SEC 9. No person shall be entitled to vote at any elec-niecessary. SC .N esnsalb nildt oea n ~c

tion in any such city, town or precinct who is not registeredaccording to the provisions of this act. The registrationshall not be conclusive evidence of the right of any regis-tered person to vote, but said person may be challengedand required to establish his right at the polls in the man-ner as may be required by law. And every person whenoffering his vote shall, if challenged, hand his registrationcertificate to one of the judges of election, who shall re-ceive and file the same, and at the close of said electiondeliver said certificates as a part of the election returns tosuch city, town, county or state officer as by law pro-vided.

SEC. Io. It shall be the duty of the city or town clerk,or officer of registration to give to each citizen registered,according to the provisions of this act, a certificate ofregistration, which shall be substantially in the followingform:

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-, Washington, -, 18-. Certificate of

This is to certify that - , a citizen of the city, town or precinct g

of - , has this - day of - , 18-, been duly registered as

a voter in the - ward or - precinct of - ward, or -precinct of - county poll-book of said city, town or precinct, andis entitled to vote at any election held in said city, town or precinctpreceding the first Monday in January, A. D. 18-, if he is otherwisea qualified voter under the laws of the State of Washington.

Witness my hand and the seal of said city or town, this - dayof -, A. D. iS-.

-- , clerk or officer of registration.

Provided, That in precincts outside of cities and towns,and in which registration is required under the provisionsof this act, the signature of the officer of registration willbe sufficient, without a seal affixed: Provided further,That no fee shall be charged the voter for such certificate. No fee for cer-

tificate.SEC. I I. The city or town clerk, or officer of registration,

is hereby empowered to administer all necessary oaths to Powersofregis-tration oficer.

examine the applicant for registration, or any witness hemay offer in his behalf, in order to ascertain his right tobe registered under the provisions of this act. If the ap-plicant for registration will be entitled to vote at the nextensuing election, he shall be entitled to registration, other-wise he shall not be registered.

SEC. 12. If a citizen of any city, town or voting precinct Cbange ofresi-

shall, during the year for which he has been registered,change his residence from one ward or voting precinct insaid city or town to another ward or voting precinct insaid city or town, or from any precinct outside a city ortown in which registration is required to another votingprecinct in the same county, in which such registration isrequired under the provisions of this act, he shall apply tothe city or town clerk or officer of registration to havesaid removal noted on said poll-books when the same areopen. The clerk or officer of registration shall registersaid person in the ward or voting precinct to which he hasremoved, and run a red ink line across his name in theward or precinct book of his former residence, and like-wise note the transfer in the column "Remarks" in saidpoll-book, and also endorse on the certificate of registrationof said person the facts of said removal.

SEC. 13. It shall be the duty of the clerk or officer of

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registration, immediately upon the close of the poll-bookspreceding any election to be held in said city, towr or

o of pol- voting precinct, to prepare a true and correct copy of saidpoll-books, certified to by him to. be such copy, and in timefor the opening of polls, as provided by law, to have saidcopies at the voting precincts and deliver the copy forsuch ward or precinct to one of the judges of said electionand take his receipt therefor.

Duty of judges. SEC. 14. At every election one of the judges of electionshall, as each person registered votes, enter on the saidcertified copy, in the check line opposite the name of suchperson the word "Voted," said certified copy to be returnedto the city or town clerk or officer of registration after saidelection, and by him preserved.

Penalty for SEC. I5. If any officer shall neglect or refuse to performneglect of duty

oredefaing any duty required by this act, or in the manner requiredby this act, or shall neglect or refuse to enter upon theperformance of any such duty, or shall enter, or cause orpermit to be entered, on the registry books the name ofany person in any other manner, or at any other time thanas prescribed by this act, or shall enter, or cause or permitto be entered, on such lists the name of any person notentitled to be registered thereon according to the provisionsof this act, or shall destroy, secrete, mutilate, alter orchange any such registry books, he shall, upon conviction,be punished by confinement and hard labor in the peni-tentiary not more than five nor less than one year, andshall forfeit any office he may then hold.

Penalty for SEC. I6. If any person shall falsely personate anotherfalsely imper-

soating an and procure the person so personated to be registered, orif any person shall represent his name to the city or townclerk or officer of registration to be different from what itactually is, and cause such name to be registered, or if anyperson shall cause any name to be placed upon the reg-istry lists otherwise than in the manner provided in thisact, he shall, upon conviction, be punished by confinementand hard labor in the penitentiary not more than five norless than one year.

SEC. 17. The provisions of this act shall apply to allelections for national, state, congressional, district, county

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or municipal officers, and the wards or voting precincts es-tablished by the authorities of any such city, town orprecinct shall be the same for all county, district, state,congressional or national elections.


PRIMARY ELECTIONS; TO REGULATE.

AN AcT to authorize and regulate primary elections of voluntarypolitical associations, to provide for punishment of frauds therein,and declaring an emergency.

Be it enacted by the Legislature of the State of Washing-ton:.

SECTION I. All elections hereafter to be held by any Not conui-sory.

voluntary political association or party for any delegatesor managing committee, or for the nomination of candi-

dates for public office, shall be held under the provisionsof this act whenever any committee or body authorizedby the rules or customs of such political association shallelect to accept and act under such provisions.

SEC. 2. Whenever it shall be the desire of any such eiy reso-

committee or body that such election shall be held under

the provisions of this act, such desire and acceptance shall

be expressed by a resolution duly passed by such com-mittee or body.

SEC. 3. The resolution must declare - First, the time Fo roor reso-

and place of holding the election, and the hours betweenwhich the polls are to be kept open; and the polls shall,in all cases, be kept open from 12 o'clock noon to 7o'clock P. m. of the day on which the election is held;

second, the names of three reputable persons to act asjudges; third, the object of the election; fourth, that suchelection will be held under the provisions of the primaryelection law; fifth, the qualifications required for voters,in addition to those prescribed by law.

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Publication of SEC. 4. At least five days prior to any such election, aDotice.

notice of such election shall be published in some news-paper or newspapers of general circulation in the district,ward, precinct, township, city or county in and for whichthe election is called, and shall be posted in at least threepublic places in each polling precinct or district for which

Requirements. such election is to be held. Such notice must be signedby the secretary of the committee or body calling suchelection, and must state the purpose, time, manner andconditions, together with the place or places of holdingsuch election; also, the authority by which the call ornotice is published, and the three persons shall be namedtherein who are appointed for each polling place to act asjudges of said election, and who shall supervise or presideat such election in the polling precinct or district for whichthey are respectively appointed, and such judges shall belegal voters of, and householders in, the township, pre-cinct, ward or election district for which they-are named.And said notice shall likewise declare the qualifications ofthe persons to vote at such election: Provided, That suchprescribed qualifications shall not be inconsistent withthose expressed in this act. Such notice shall also declarethat such election therein called will be.held in pursuanceof, and subject to, the provisions of this act, under thetitle of " Primary Election Law; " and any election held inpursuance of any notice calling for an election under the" Primary Election Law " shall be taken and deemed tobe a primary election within the meaning of this act.

Oath of judges. SEC. 5. The persons named as judges of election in thenotice required by section four of this act, or any personsassuming or chosen to be such judges, in the absence, re-fusal or failure to act of any of the judges named in suchnotice, shall first make oath or affirmation that they arelegal voters of and householders in the precinct, ward orelection district for which they are appointed to serve;that they will faithfully and correctly conduct such elec-

. tion, protect it against all frauds and unfairness, carefullyand truly canvass all votes cast thereat, and in every wayconform to the provisions of this act, and of the notice orcall for the election, which oath may be administered by

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any one of the judges, or by any person authorized underthe laws of this state to administer oaths. And if one orall of the judges appointed to serve at the election be ab-sent, or refuse, or fail to serve at the hour appointed forthe election to begin, then the electors present, to thenumber of not less than five, possessing the qualificationsof persons entitled to vote at said election, shall choose aperson or persons to fill any vacancy or vacancies that mayexist. The judges, before proceeding with the election,shall appoint two clerks to assist them in receiving and Clerks.

counting the votes cast, to each of whom shall be admin-istered, by one of the judges, an oath similar to that takenby the judges of election, omitting the statement thataffiant is a householder. Any violation of the provisionsof this section shall be deemed a misdemeanor, and shallsubject the offender, on conviction, to punishment by afine of not less than fifty dollars, nor more than two hun-dred dollars, or by imprisonment in the county jail notless than one nor more than six months, or by both suchfine and imprisonment, in the discretion of the court.

SEC. 6. It shall be the duty of the judges of said elec- Duty of judges.

tion to entertain objections made by any qualified electorunder said published call or notice to any vote which maybe offered, on the ground that the person.offering it is notentitled to vote under the terms of said call for said elec-tion, or that he is not a citizen of the United States, or alegal resident and voter under the general election laws ofthe State, in the election precinct, ward, township or dis-trict for which the election is held; or that he has receivedor been promised, directly or indirectly, any money, fee orreward for his vote for any candidate, or that he has votedbefore at that place, or some other place on that day, or atthe same election; and it shall be the duty of one of thejudges of the election, if such objection be not withdrawn,to administer to the person so offering to vote an oath oraffirmation to the general effect that he will truly testifyto all matters relating to his qualifications, under said pub-lished call or notice and under the general election laws ofthe state. It shall then be the duty of the judges tointerrogate the person so objected to as to all matters in

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particular upon which said objection was made, and gen-erally as to all of his qualifications as an elector at such

wben vote may election. If the person so objected to shall refuse to an-he rejected.

swer any questions asked, after said oath or affirmationshall have been administered, or shall refuse to take suchoath, it shall be the duty of the judges to reject such vote;and they shall also reject such vote unless such personshall file with them a written or printed, or partly writtenand partly printed, statement, by him signed, that he is aqualified voter of the election district in which such elec-tion is held, and entitled to vote at such election; andunless such statement shall be accompanied by a similarstatement of some person known to at least one of thejudges to be a qualified voter in that district, to the effectthat he knows the person so challenged, and that his state-ment is true, which said last statement must also be sub-scribed by the party making it. If such statements shallbe filed, and such oath be taken, and such questions an-swered in such a manner as to show that the applicant isqualified to vote at such election, it shall be the duty ofthe judges of the election to receive such vote, and theword "sworn " shall be noted opposite the person's nameon the poll list, to be kept as hereinafter provided. Anyviolation of the provisions of this section by the judges orclerks of the election, or either of them, shall .be deemeda misdemeanor, and upon conviction, shall subject the

Penalty for ral- party so offending to punishment by a fine of not less thansitying. one hundred dollars nor more than three hundred dollars,

or by imprisonment in the county jail for not less thantwo nor more than six months, or by both such fine andimprisonment, in the discretion of the court; and any per-son who shall, upon taking such oath or affirmation, andunder the examination herein authorized, wilfully make afalse statement as to a matter pertinent and material insuch examination, shall be deemed guilty of perjury, andupon conviction thereof, be punished as prescribed by lawfor such offense.

SEC. 7. Whoever fraudulently votes at any primaryelection, or offers to vote after having once voted at suchelection, or knowing that he is not a qualified voter at

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such election, wilfully votes, or offers to vote, at suchelection; or (2) wilfully aids or abets any one not qualifiedto vote at such primary election in voting or attemptingto vote at such election; or (3) by offering a reward orbribe, or by treating or giving to him any spirituous, maltor other liquors, either directly or indirectly, influences orattempts to influence any voter in giving or withholdinghis vote at such election; or (4) furnishes a voter with aticket or ballot, informing him that it contains a name ornames different from those which appear thereon, withintent to induce him to vote contrary to his intention; or

(5) fraudulently or deceitfully changes a ballot of a voterwith intent to prevent such voter from voting for suchperson as he intended; or (6) endeavors to prevent the vot-ing of any voter, or the exercise of [un]lawful influence byany person over a voter at any such election, for himselfor for or against any person, by means of violence or threatsof violence, or threats of withdrawing custom, or dealing inbusiness or trade, or enforcing the payment of a debt, orbringing a suit or criminal prosecution, or any other threatof injury to be inflicted by him or by such means; or (7)by bribery, or by corrupt or unlawful means, prevents, orattempts to prevent, any voter from attending or votingat such election; or (8) gives or offers to give any valuablething or bribe to any judge or clerk of such election, as aconsideration for some act to be done, or omitted to be done,contrary to his duty in relation to such election, or shallinterfere with or disturb, in any manner, any election heldunder the provisions of this act, shall be deemed guilty ofa misdemeanor, and on conviction thereof, shall be pun-ished by a fine not exceeding five hundred dollars, or by Penalty for n-

legal voting,imprisonment in the county jail not less than two nor more bry or

than six months, or by both such fine and imprisonment,in the discretion of the court.

. SEC. 8. Each clerk must keep a list of persons voting, Poll list.

and the name and residence of each person who votesmust be entered thereon and numbered in the order ofvoting.

SEc. 9. Th judges must cause one of the clerks tokeep a list showing- First, the names and residences of

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all persons challenged; second, the grounds of such chal-lenge; third, the determination of the board upon thechallenge.

SEC. 1o. The following is substantially the form of thepoll lists and tally lists to be kept by the clerks of elec-tion:

Form. POLL LIST

Of the primary election held in the - precinct of the - wardof -, in the county of -, on the - day of -, in theyear -. A. B., C. D. and E. F., judges, and G. H. and J. K., clerksof said - election, were respectively sworn (or affirmed) as thelaw directs, previous to their entering on the duties of their respectiveoffices.

Numbers and names of electors voting:

NO. NAME AND RESIDENCE. NO. NAME AND RESIDENCE.

A. B. 3 E. F.

2 C. D. 4 G. H.

We hereby certify that the number of electors voting at this election1 -

Attest: A. B.G. H. } Clerks C. D. Judges of Election.J. K. R . F.

TALLY LIST.

Names of persons voted for and for what position, and number ofvotes given for each candidate.

We hereby certify that A. B. had - votes for - ; and thatC. D. had - votes for - ; that E. F. had - votes foretc.

G. H. IClerks.J. K. J CeC.s. Judges of Election.

E. F.I

SEC. i i. Any one of the judges or either clerk mayadminister and certify oaths required to be administeredduring the progress of an election held under this act.

SEC. 12. Before receiving any ballots, the judges must,in the presence of the persons assembled at the polling

Ballot-box. place, open and exhibit and then close the ballot-box; andthereafter it must not be removed from the polling place,nor the view of the bystanders, until all the ballots arecounted, nor must it be opened until after the polls arefinally closed.

Openingpolls.. SEC. 13. Before the judges receive any ballots theymust cause it to be proclaimed aloud, at the place of elec-

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tion, that the polls are open. All ballots cast shall con-tain the full name or initial of the candidate voted for.

SEC. 14. Fifteen minutes before the time when the polls closing.

are to be closed, that fact must be proclaimed aloud at theplace of election; and after the polls are closed no ballotsmust be received.

SEC. 15. As soon as the polls are finally closed the Canva.ssing bal-lots.

judges must immediately proceed to canvass the votesgiven at such election. The canvass must be public, inthe presence of the bystanders, and must be continuedwithout adjournment until completed and the result thereofis declared; and must also be conducted at the pollingplace where the election is held; where, also, the result asto each candidate voted for must be, immediately on thecompletion of such canvass, publicly proclaimed by oneof the judges, in a loud voice, and such proclamation shallbe prima facie evidence of the result.

SEC. I6. In conducting the canvass the judges shall ntigbal-

first count the whole number of ballots in the box, and ifthe number of such ballots shall be found to exceed thenumber of names entered on the polling lists, they shallreject so many thereof, without opening the same or ex-amining or looking at the names thereon, as May benecessary to make the number of ballots correspond tothe number of names entered on the polling lists.

SEC. 17. The number of ballots agreeing, or being thus Verifying number.

made to agree, with the number of names on the list, thelists must be signed by the judges of election and attestedby the clerks, and the number of names thereon must beset down in words and. figures at the foot of each list, andover the signatures of the judges and the attestation ofthe clerks, substantially in the form prescribed in sectionten.

SEC. 18. After the lists are thus signed the judges must counting.proceed to count and ascertain the number of votes castfor each person voted for. The ballots must be taken outand opened by one of the judges, and by him distinctlyread aloud, and inspected by the other two judges.

SEC. 19. Each clerk must write down each office or Tanlying.

position to be filled, and the name of each person voted

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for to fill such office, and keep the number of votes foreach person for each office by tallies as they are read aloud.

Verified tally SEC. 20. As soon as all the votes are counted theie mustlists.

be attached to the tally lists, lists containing the names ofpersons voted for and for what office, and the number ofvotes given for each candidate, the number being writtenat full length, and such lists must be signed by the judgesand attested by the clerks substantially in the form insection ten given.

Duty ofJudges. SEC. 2 1. After counting the votes, proclaiming the re-sult, and signing the lists as above provided, the judges

I ,must cause the statements provided for in section six, theballots and one copy of the lists, to be delivered to theclerk signing the notice of election, and one of the judgesmust retain the other lists for twenty days after the elec-tion, and such statements, ballots and lists returned to thesaid clerk shall be by him, after the expiration of twentydays, delivered to the county clerk of the county in whichsuch election was held, and by that officer kept with thebooks and papers of his office, open like other publicrecords to public inspection, for the space of three months,at the end of which time, if no legal proceedings havebeen instituted in which such lists, ballots or statementsmay be useful as evidence, said county clerk may thendestroy the same.

Certificates of SEC. 22. The board of election must issue certificates ofelection.

election to all persons who are chosen to fill any positionby the vote of their election district.

SEc. 23. It shall be unlawful for any person to vote atany primary election, or at any election to select delegatesto any convention, called either for the purpose of nomi-nating a candidate or candidates for any elective office, orfor the purpose of selecting other delegates to such con-vention, unless such person so voting, or offering to vote,has the qualifications of an elector in the district embracedwithin the call for said primary election, at a general orspecial election, held under and in conformity with the

general election laws of this state.Penalty for i- SEC. 24. Any person violating the provisions of the

foregoing section shall, on conviction thereof, be fined in

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any sum not less than one hundred nor more than fivehundred dollars, or imprisoned in the county jail not lessthan two nor more than six months, or both, in the dis-cretion of the court.

SEC. 25. Any person who shall be convicted of the vio- Oeneral pen-

lation of any of the provisions of this act for which nopunishment is herein especially provided, shall be deemedguilty of a misdemeanor, and upon conviction thereof, shallbe fined not less than fifty dollars nor more than two hun-dred dollars, or imprisoned in the county jail not lessthan one month nor more than six months, or punishedby both such fine and imprisonment, in the discretion ofthe court.

SEC. 26. There is no law in this state to authorize andregulate primary elections, and as it is desirable that suchlaw be made operative prior to the elections soon to occurin several cities and towns in this state, an emergency ex-ists; therefore, this act shall take effect and be in forcefrom and after its approval by the governor.


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chapter xiii.-election laws. - wa

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