Challenges by whom and Duty of the judges when vote challenged. elections, or board of deputy state supervisors and inspectors of elections as the case may be, shall not be required to hold a primary election for any party which cast less than ten per cent, of the total vote cast in such county at the last general election, nor shall the deputy state supervisors of elections, or board of deputy state supervisors and inspectors of elections as the case may be, be required to hold more than two primary electoions for the same party in any one year. No delegate or alternate to any political convention in this state shall have power by proxy or otherwise to designate another person to serve as a delegate in his place or stead and any such delegate who shall give any power or proxy to another to serve in his place or stead shall be guilty of a misdemeanor and be fined not less than twenty-five dollars and not more than one hundred dollars. The voting booths, ballot-boxes, and other public property in the custody and control of the deputy supervisors of elections, or board of deputy state supervisors and inspectors of elections as the case may be, shall not be used for primary elections other than those held under the provisions of this act. [97 v. 440.] Where a primary election is conducted under the provisions of sections 2916 to 2921a R S. the deputy state supervisors must provide all ballots, ballot boxes, tally and summary sheets, other blanks and things necessary, and assign to each polling place two competent electors to act as judges and one competent elector to act as clerk of such primary election. Such judges and clerks shall be of the political faith of the party holding the primary, and whenever practicable should be the regular judges of election. L. 8-13-06. Sec. 2920. A qualified elector under the notice may challenge any vote offered, because the person offering it is not entitled to vote under the notice, or is not a citizen of the United States, or cannot be at the next election a legal voter of the precinct, or has received or been promised, directly or indirectly, any money, fee, or reward for his vote for any candidate at such election, or has voted before on the same day, at that or some other precinct, in the same election. [68 v. 27, § 4.] Sec. 2921. Thereupon one of the judges shall administer to the person offering to vote an oath that he will make true answers to such questions as may be put to him touching his qualifications to vote at such election and shall interrogate him as to his qualifications; if such person refuses to be sworn, or, being sworn, refuses to answer every question, his vote shall be rejected; but if the oath be taken and the questions answered satisfactorily and he be not successfully contradicted by the sworn testimony of witnesses who may be called, his oath shall be received and the word "sworn" shall be noted opposite his name on the poll-book. [97 v. 441.] Sec. 2921a. Witnesses and challengers shall be admitted to the polling places in accordance with the reasonable regulations established by the executive or controlling committee ordering such primary election; and at all primary elections held within the boundary of any municipal corporation during the receiving and counting of the ballots, no person shall congregate or loiter upon the streets, alleys or sidewalks within one hundred feet of the polling place of any election, or within such distance of one hundred feet give or tender or exhibit any ballot or ticket to any person other than to a judge of the election, or exhibit any ticket or ballot which he intends to cast or within such distance solicit or in any way attempt to influence any elector in casting his vote. Any person wilfully refusing or neglecting to perform any of the duties prescribed in this act or any person wilfully violating the provisions thereof shall be deemed guilty of a misdemeanor and upon conviction thereof he shall be fined not less than five nor more than fifty dollars, or imprisoned in the county jail not less than five days nor more than thirty days or both at the discretion of the court. [97 v. 441.] Who not al at primary Section 1. No person shall be allowed to vote at any primary election except he be an elector resident of the lowed to vote precinct, ward or township in which he desires to vote and except he voted with the political party holding such primary election at the last general election, providing he voted at all at such election, unless he be a first voter; nor shall any person vote more than one time, or at any other than at the polling place in that precinct, ward or township wherein he resides. Any person who shall violate the provisions of this act shall be fined not less than one hundred ($100.00) dollars nor more than three hundred ($300.00) dollars, or imprisoned in the penitentiary for one year, or both in the discretion of the court. [97 v. 107.] Penalty for ing. unlawful vot Section 2. Any person who shall solicit, request, de- Bribery. mand or receive, directly or in lirectly, any money, intoxicating liquor or other thing of value, or the promise thereof, either to influence his vote, or to be used, or under the pretense of being used to procure the vote of any other person or persons, or to be used at any poll or other place prior to or on the day of an election for or against any candidate for office, or for or against any measure or question to be voted upon at such election, shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to pay a fine of not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) Penalty. dollars, or be imprisoned in the penitentiary for one year, or both in the discretion of the court. [97 v. 107.] 12 E. L. Witness testifying shall be exempt from prosecution. Sec. 3. In any prosecution brought under this act, when any person is called to testify, he shall be required to testify to all the facts of which he has any knowledge and upon so testifying he shall be deemed acquit of any guilt as to the matters to which he has so testified, and the fact that he has so testified shall forever be a bar to any prosecution brought against him for violating this statute as to such case or circumstance to which he may have been required to testify. [97 v. 107.] VOTING MACHINES. Submission of question as to machines in use of voting elections. commission; (2966-54.) Sec. 1. That any body or board of public officials, or any officer or officers, charged by law with the duty of providing material and supplies for holding an election or elections in any city, village, town, precinct, or other civil division of the state, may at any general or special election submit a proposition to the qualified voters thereof, to adopt a voting machine or voting machines, and whenever a majority of the electors of any said city, village, town, precinct or other civil division voting upon said proposition shall have declared therefor may purchase voting machine or machines for use at any or all of the election districts for which he, it or they are by law charged with the duty of providing with material and supplies for holding an election, at the expense of the city, village, town, county, precinct, or other civil division of the state now chargeable by law with the expenses of the material and supplies for holding general elections in such election district or districts. Provided, Machine to be however, that no such voting machine shall be used, pur- approved by chased or adopted until the commissioners hereinafter requirements provided for, or a majority thereof, shall have made and of machine. filed their report certifving that they have examined such machine; that it affords each elector an opportunity to vote in absolute secrecy; that it enables each elector to vote a straight party ticket; that it enables each elector to vote a ticket selected in part from the nominees of one party, and in part from the nominees of any or all other parties, and in part from an independent nomination, and in part of persons not in nomination by any party or upon any independent ticket; that it enables each elector to vote a written or printed ballot of his own selection, for any person for any office for which he may desire; that it enables each elector, if he so desires, to cast one written or printed ballot of his own selection for all the officers for whom he is entitled to vote at such election; that it affords each elector an opportunity of voting for all the candidates for whom he is entitled to vote, and absolutely prevents his voting for any candidate more than once; and that it also prevents the elector voting for more than one person for the same office, unless he be lawfully entitled to vote for more than one person for that office, and in that event, it admits of his voting for as many persons for that office as he is by law entitled to vote for, and no more, at the same time preventing his voting for the same person twice; that the machine is so constructed that Commission to examine voting machines; duties and powers. Certificate to be filed with secretary of state. Machine must meet statutory requirements. How nomina pear on ma chine; general require ments of ma chine to en able elector to vote for his choice. an elector may be permitted to vote for a candidate for whom he may be lawfully entitled to vote, and excluded from voting upon any question upon which he may not be lawfully entitled to vote; that such machine admits of the enjoyment of each elector of his full right and privilege in the exercise of the elective franchise under the constitution and laws of this State; that the machine is supplied with a booth so arranged that the operation of the machine by the elector, when voting cannot be seen, observed or known by any other person, unless such other person be inside the booth at the same time; that such machine, properly operated, will correctly register every vote cast; that the machine is constructed of such material that when properly cared for, there is little or no danger of its utility being impaired by any of the parts becoming rusted or corroded; that the machine may be safely and conveniently used by eight hundred electors in any one election district during the time allowed for holding a general election thereon. [94 v. 309.] (2966-55.) Sec. 2. The present governor, secretary of state and attorney-general and their successors in office are hereby created and made commisioners to examine voting machines, and to make a report and certificate thereon, and, for such purpose, they are hereby authorized to employ such assistance as they, or a majority of them, may deem advisable, and the expenses thereof shall be payable out of any funds of the state not otherwise appropriated. The examination, report, or certificate of such commissioners, or a majority thereof, above provided for, shall not be required of each individual machine, but of every particular kind of machine before its adoption, use or purchase as herein provided. The certificate, when made by said commissioners, or a majority thereof, shall be filed in the office of the secretary of state. [93 v. 278.] (2966-56.) Sec. 3. The voting machine or machines. to be used, adopted or purchased as herein provided, must be so constructed as to meet all requirements specified in this act. [93 v. 278.] (2966-57.) Sec. 4. Party nominations shall be artions shall ap ranged on each voting machine either in columns or horizontal rows. Ballot captions of cardboard or paper, which shall have printed thereon, in plain, clear type, the party or other lawful designation of the nominee, amendment or other proposition submitted to vote, shall be so placed on said machines as to indicate to the voter what lever, push, knob, key, or other device is to be used or operated in order to vote in accordance with his choice. Such machines shall also be provided with a printed ballot or cardboard, upon which shall be printed in plain, clear type the name of the office and the name of the candidate or nominee therefor, or a concise statement of the amend |