A corporation violating any of the provisions of this act (35 Stat. L. 1103) is subject to a fine not to exceed $5,000.00. Officers of a corporation violating the act, who consent thereto, shall be subject to a fine of not less than $250.00 nor more than $1,000.00. or imprisonment for not more than one year, or both, such fine and imprisonment in the discretion of the Court. (Sec. 244.) POSSIBLE AMENDMENTS TO FEDERAL CORRUPT PRACTICES ACT. Attention is called to the fact that when this book is going to press the Congress of the United States has under consideration certain amendments to the Federal Corrupt Practices Act. NATURALIZATION. A foreigner (who is not a Chinaman) and who has resided for one year in the United States and declared his intention to become a citizen of the United States, is entitled to vote under precisely the same conditions as to residence as any citizen. (Sec. 2.) He is eligible to any office under the Constitution of the State of Indiana except governor, lieutenant-governor or member of the general assembly. The declaration of intention may be made at any time before the clerk of any federal court, or of the supreme or any circuit court of the State of Indiana. (See Chapter 8, Naturalization, page 197.) By an act of the General Assembly of 1911 (Acts 1911, page 672), it is made unlawful to induce or solicit any alien to declare his intention to become a citizen of the United States, or to pay or offer to pay the fee or any part thereof necessary to assist any alien in declaring his intention to become a citizen of the United States. EXPLANATION. The references at the end of the sections are to Thornton's Revised Statutes of 1897; Burns' Revised Statutes of 1894, 1901, 1905, 1908 and 1914 and the Revised Statutes of 1881, and the Acts of 1909, 1911 and 1913. The letters "E. S." refer to "Elliott's Supplement" of 1889. Owing to the law of 1897 substituting the use of a blue pencil for a stamp, in voting, the word "pencil" has been inserted immediately after or before the word "stamp"; "marking" after "stamping," and marked," after "stamped," wherever these words occur in the law of 1889 or in the amendments thereto. INTERPRETATION OF THE INDIANA STATE PRIMARY LAW. ENACTED IN 1915. PART I. PURPOSE OF LAW-POLITICAL PARTIES AFFECTED— Purpose of Primary Law.—It is the purpose of the primary law to secure to each individual member of each of the political parties subject to the law the right to express directly his preference among the various candidates of his party for the offices of President and Vice-President of the United States, of United States Senator and Governor of Indiana; candidates for members of the State Legislature, Judges and prosecuting attorney of his district; candidates for elective offices of his county, township and city; participate directly in the election of the precinct committeeman of his party in his precinct, and the delegates who shall represent him in the State Convention of his party. A second purpose of the primary law is to so hedge about and safeguard the voter in the exercise of his choice of candidate of his party, that his preference as recorded by him on his ballot shall be counted exactly as he makes it. Accordingly the law not only provides stringent penalties for violation of acts forbidden by it, but makes applicable to the primary the penal laws regulating general elections and the "corrupt practices act." A third purpose of the law is to enable members of each political party participating in the primary to preserve their party's integrity against the manipulation of members of a rival party. Election officials charged with the duty of safe-guarding the rights of voters, should see to it that the law is enforced according to its spirit, and should resolve all doubts as to the interpretation of the law in favor of the construction which best secures the voter in the exercise of his rights under the law. Political Parties to Which Law Applies.-The primary election law applies to nominations to be made by all parties, which at the last general election preceding the primary, cast 10 per cent or more of the total vote. The vote for Secretary of State is fixed as the basis for determining whether a political party is subject to the law. In 1914 the total vote for Secretary of State was 628,408, divided as follows: No party which cast less than 62,840 votes for Secretary of State in 1914 is entitled to participate in the primary of 1916; so that in 1916 the Democratic, Republican and Progressive parties must nominate their candidates under the primary law throughout the State, and no other political party can. (Sec. 330.) The Offices, Candidates for Which are Nominated at the Primary. Candidates for the following offices in each political party subject to the law must be nominated at the primary; Representatives in Congress; State Senators and Representatives; Judges of the Circuit, Superior, Criminal, Probate and Juvenile Courts; Prosecuting Attorneys; All County Officers, including Treasurer, Auditor, Sheriff, Recorder; Clerk of the Circuit Court, Surveyor, Coroner, Assessor, Commissioners, and members of the County Council; Township Trustees, Township Assessors, Justices of the Peace, Constables; (Sec. 330) (Road Supervisors are not to be nominated at the primary.) All elective city officials (at a separate city primary). The primary law also provides that the members of each party participating in the primary may express their preference for candidates of their party for President and Vice-President of the United States, for United States Senator and Governor; and provides further that in the event any candidate either for President or Vice-President receive in the Primary a majority of all the votes cast at the primary for such office; the delegates to the National Convention of such party shall be bound to support such candidate receiving such majority so long as his name is before such National Convention; and provides further that if any candidate for Senator or Governor receive a majority of all votes cast at such primary for such office, such candidate receiving such majority shall be declared the nominee of such party for such office. (Sec. 343.) Also at each primary preceding a general election the following party representatives are to be elected: Precinct Committeemen; Delegates to State Conventions. (Sec. 330.) State Conventions.-Each political party in its State Convention shall nominate candidates for such party for all State offices, including United States Senator and Governor, provided, however, that in the event any candidate either for United States Senator or Governor shall at the primary preceding such State Convention have been nominated by reason of his having received a majority of all votes cast by members of his party for such office, then such nomination at the primary shall be binding upon such State Convention. Also the following party representatives are to be elected by the State Convention: Delegates and alternate delegates to the National Convention. Presidential electors and alternate electors. (Sec. 363.) Date Fixed for Primary.—The law fixes the first Tuesday after the first Monday in March of each year preceding each State, Congressional, County, City and Township election as the date for holding the primary. (Sec. 337.) The polls must be open from six (6) o'clock in the morning until six (6) o'clock in the evening. PART II. PRIMARY ELECTION OFFICIALS-HOW CHOSENGENERAL DUTIES. The following State and County officials are charged with certain duties in primary elections: Secretary of State, Treasurer of State, Attorney-General, County Auditors; Clerks of the Circuit Court; County Sheriffs, Boards of County Commissioners, and Township Trustees. The duties of such officers are hereafter set out. The primary law authorizes the creation of a Board of Primary Election Commissioners for each county of the State, and a precinct election board for each precinct of the State. The Board of Primary Election Commissioners of each county constitute the County Canvassing Board of such county. The Secretary of State, the Treasurer of State, and the Attorney-General constitute the State Canvassing Board. BOARD OF PRIMARY ELECTION COMMISSIONERS. The Board of Primary Election Commissioners of each County shall be composed of the Clerk of the Circuit Court and two others to be appointed by him; one each of the persons so appointed shall be taken from the two political parties casting the highest vote in said county in the last general election for Secretary of State. These persons shall be nominated in writing by the respective County Chairmen of the two parties; such Primary Election Commissioners also serve as election commissioners at the general election. The Primary Election Commissioners may employ all necessary clerical assistants. (Sec. 333.) Precinct Election Boards-Qualifications-How Chosen. The Primary Election Board of each precinct is composed of one inspector, two judges, two clerks, two sheriffs, and one poll book holder for each political party participating in the primary. (Sec. 333.) Qualification of Election Officers. The inspector and each judge must have been a freeholder and a resident householder of his precinct for one year, or a resident |