PART III.

OF CAUCUSES FOR ALL TOWNS, CITIES, AND VILLAGES EXCEPT CITIES IN COUNTIES OF MORE THAN

TWO HUNDRED THOUSAND POPULATION.

Note. Ch. 341, laws of 1899, is repealed by implication by ch. 451, laws of 1903, so far as it relates to officers to be nominated under the latter act. Such officers as are exempted from the operation of ch. 451, laws of 1903, may still be nominated under ch. 341, laws of 1899. Opinion of Attorney General.

Scope of law-Caucus, what is, 39.

Names of members of city or county committee; date of caucus; committee's power, 40.

Vacancies in committee; officers of executive committee, 41.

Notice of caucuses-Conventions, when held, 42.

Qualifications of voter at caucus, 43.

Caucus officers; inspectors, and oath, 44.

Voting to be by ballot, 45.

Secretary of caucus to make poll list, etc., 46.

Canvass and return of votes, 47.

Bribery of voter; disturbance of caucus or convention, 48.
Penalties, 49.

39. Scope of law-Caucus, what is. [Sec. 1, ch. 341, laws of 1899.] Caucuses and meetings of political parties, held for the purpose of nominating candidates or choosing delegates to assemble in convention to nominate any person for any public office, to be voted for at any general, judicial or municipal election held in all cities, towns and villages in this state, except in counties having a population of two hundred thousand or more, whether operating under the general or

1See part IV for law governing cities of this character.

In the opinion of the attorney general chapter 341 of the laws of 1899 does not apply to the nomination of town and village officers.

special charter and all meetings for nominating candidates or choosing delegates to conventions to nominate candidates to be voted for at such elections, commonly called caucuses unless held under the provisions of this act, are hereby declared to be unlawful and no political party shall have its political ticket placed upon the official ballot, or canvassed at such election, unless the nomination of its candidates are made in accordance with the provisions of this act. The meetings of electors in any town, village or ward, held for the purpose of nominating candidates or electing delegates as aforesaid, are herby defined as caucuses and declared to be such. In all cases wherein this act shall apply, the caucuses in cities or villages for a political party in the precincts of a county, shall be called for said one county and held on the same day, and in cities said caucuses shall be held during the same hours, but no caucuses shall be held open for less than one hour.

OPINION OF ATTORNEY GENERAL AS TO COUNTIES OF MORE THAN TWO HUNDRED THOUSAND POPULATION.

Hon. Wм. H. FROEHLICH,

Secretary of State,
Madison, Wis.

MADISON, Wis., Jan. 2, 1900.

Dear Sir:-You have called my attention to the evident conflict between section 1 and section 12 of chapter 341 of the laws of 1899, and requested an opinion as to what are the caucus laws for towns and villages in counties of more than 200,000 population.

* * * *

In reply will say that, as you suggest, section 1, as it appears in the printed session laws, provides, among other things, that, "caucuses and meetings of political parties held in all cities, towns and villages in this state, except in counties having a population of 200,000 or more * * * ** and all meetings for nominating candidates or choosing delegates to conventions to nominate candidates to be voted for at such elections, commonly called caucuses unless held under the provisions of this act, are hereby declared to be unlawful."

Section 12 is as follows: "Section 11a, 11b, 11c, 11d, 11e, 11f, 11g, 11h and 11i of chapter 5 of the Wisconsin statutes of 1898, and all acts and parts of acts in conflict with the provisions of this act, so far as do not relate to cities in counties having a population of two hundred thousand or more, are hereby repealed."

Sections 11a to 11i inclusive of the Wisconsin statutes, which are repealed by said section 12, except so far as do not relate to cities in counties having a population of 200,000 or more, contain the provisions of the statutes of 1898 relative to caucuses. It is apparent that if section 1 and section 12 of chapter 341 are construed literally, the towns and villages in counties having a population of 200,000 or

more are without any laws relative to caucuses.

It does not seem

reasonable that the legislature could have intended this.

* ** * *

I find upon examination of the Journals of the legislature that section 1 of the substitute for No. 126, A., recommerded for passage by the committee and as passed, read as follows: "Caucuses and meetings of political parties held in all cities, towns and villages in this state, except in cities in counties having a population," etc. It so appears in the printed files of the Assembly. No amendment was made, striking out from section 1 of substitute No. 126, A., the words "in cities." However, in the engrossed bill and in the enrolled bill these words are omitted and are, of course, omitted in the printed session laws where it appears as chapter 341.

It is evident that the omission of the words "in cities" from the engrossed bill was a clerical error, and that it was the intention of the legislature when passing chapter 341 to provide a uniform caucus law for all cities, towns and villages in the state, except in cities in coun.. ties having a population of 200,000 or more.

Yours truly,

E. R. HICKS,

Attorney General.

40. Names of members of city or county committee; date of caucus; committee's power. [Sec. 2, ch. 341, laws of 1899.] Every political party desiring to nominate candidates to be voted for at any election as hereinbefore provided, shall file with the city or county clerk, the name of the chairman and secretary of the county, or city committee1 of such political party, who shall be electors of such county or city, and shall have been elected by the county or city convention, called for the purpose of nominating candidates to be voted for in said county or city or at any such election, and the names of such officers of the county or city committee shall be embodied in the nomination papers filed with the county or city clerk, certifying the nomination of candidates, and the term of office of such officers of the county or city committee shall commence immediately after such nomination papers have been filed. The respective county or city committees shall determine the day and place when and where the conventions of the political party it represents shall be held,

See form under paragraph 51.

* FORM OF ORDER OR RESOLUTION DETERMINING THE TIME AND PLACE OF HOLDING THE COUNTY CONVENTION AND CAUCUSES. STATE OF WISCONSIN, SS.

County.

party of

At a regularly called meeting of the county committee of the said county, at which were present (here name members of committee present). On motion of it was resolved and determined:

1. That the county convention of said party, in said county, to nominate candidates for the following offices to be elected at the ensuing (general, special, judicial or municipal) election. viz.: (Here specify the offices for which candidates are to be selected), be held at the (specify place, building or hall) in the

3-E. L.

and also the day upon which the caucuses of such political party shall be held for each town, village and ward, and the number of delegates which shall represent each town, village or ward at such convention apportioned in such manner as provided by the several county or city committees, and shali also designate the officers for which candidates shall be nominated at such caucus; and such committee shall also designate all offices for which, according to law, candidates are to be voted for at the next ensuing election.

41. Vacancies in committee-Officers of executive committee. [Sec. 3, ch. 341, laws of 1899.] The county or city committee shall have authority to fill all vacancies in said. committee, caused by resignation or otherwise, and the county or city clerk shall at once be notified by the chairman and secretary of the committee of all such changes. The county or city committee shall be composed of a chairman, secretary and one member for each ward, town or village. The county or city committee may also provide for the election of a treasurer and an assistant secretary, and for the appointment by the chairman, of an executive committee composed of five electors, who, together with the chairman, secretary and treasurer, shall constitute the executive committee.

42. Notice of caucuses-Conventions, when held. [Sec. 4, ch, 341, laws of 1899.] Whenever the several county or city

city or village of

the afternoon.

on

the

day of

190-, at

o'clock in 2. That the caucuses in the several caucus districts, wards, towns and villages be held on the day of 190-, opening at the hour of and continuing as provided by law, at the following places respectively; and that the number of delegates from each, be as follows, namely:

[If a ward, town or village is divided into caucus districts the order should specify the boundaries of each such district with particularity.] [Caucuses must be held open at least one hour.]

committees shall determine on the day and time of holding such caucuses,1 the chairman of each of such committees, representing his political party, may cause to be published, at least ten days before the day of such caucus, in at least one daily newspaper, if nominations are to be made, to be voted for at municipal elections, provided there be such a daily newspaper published in said city, if not then in a weekly newspaper, and if for general elections, in two newspapers published in the county, a notice stating the time and place where such caucuses and conventions will be held. In towns where no newspapers are published, notices for caucuses shall be posted in three public places at least ten days before the day of holding such caucuses.

Posting notices. See note to paragraph 190.

.

43. Qualifications of voter at caucus. [Sec. 5, ch. 341, laws of 1899.] No person shall vote or offer to vote more than once for any candidate or delegate or set of delegates in any one caucus, nor in any caucus held in any caucus district in which he shall not at the time be a resident and duly qualified elector, and no person shall vote or offer to vote in any caucus where candidates and delegates are to be chosen, if he has already voted at the caucus of any other political party for candidates to be voted for, or for delegates to be chosen to a convention to nominate candidates to be voted for at the next ensuing election. Any person violating the provisions of this act shall be guilty of a misdemeanor.

Resident and duly qualified elector. See notes to paragraphs 1, 75.

44. Caucus officers-Inspectors-Oath. [Sec. 6, ch. 341, laws of 1899.] The caucus officers under the provisions of this act, shall consist of a chairman, a secretary and two tellers. The chairman of the caucus in the several caucus districts affected by this act, shall be the chairman of the town committee; in his absence a chairman may be chosen by the electors present at the opening of the caucus; the secretary and the tellers shall be chosen by the electors present at the opening of the caucus. The chairman and secretary shall act as inspectors at such caucus, and shall on taking their places,

See form under paragraph 40.