and if disability be removed before commencement of term, he may qualify and hold same: State v. Murray, 28 Wis. 96. See State v. Smith, 14 id. 487. The doctrine of these cases adhered to: State v. Trumpf, 50 id. 103; and a statute prescribing the qualifications of voters, and providing that they may hold any city office, held not to change the rule of eligibility: Ibid.

If the person receiving a plurality of votes becomes a citizen on or before the day of the commencement of his term, he is entitled to the office; and when a city charter provided by one section that the term should commence on a certain day, and by another that when an officer should fail to qualify within ten days after receiving notice of election, the office should be vacant, it was held that if the disability were removed and other qualification made within such ten days, though after the day named in the first section, then the person elected would be entitled to the office. State v. Trumpf, 50 Wis. 103.

A member of the legislature may be elected county judge, and will not be disqualified by subsequent enactment of a law increasing his duties and the emoluments of the office: State v. Boyd, 21 Wis. 208. Not exceeding thirty days. See paragraph 75.

2. Who not qualified electors. [Sec. 2, art. 3.] No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election; nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civil rights.

Same subject. [Ses. 2, art. 13.] Any inhabitant of this state who may hereafter be engaged, either directly or indirectly in a duel, either as principal or accessory, shall forever be disqualified as an elector, and from holding any office under the constitution and laws of this state, and may be punished in such other manner as shall be prescribed by law.

3. Votes to be by ballot. [Sec. 3, art. 3.] All votes shall be given by ballot, except for such township officers as may by law be directed, or allowed to be otherwise chosen.

Deciding tie vote by ballot. The Indiana court has held that a similar provision does not invalidate a statute which provides that where there is a tie vote the right to the office shall be determined by lot. Under such an act the electors vote by ballot and each ballot has all the force it can possibly have: Johnston v. State, 27 N. E. Rep. 422, citing Webster v. Gilmore, 91 Ill. 324; Keeler v. Robertson, 27 Mich. 116; Evans v. Sutherland, 41 Mich. 177; State v., McKinnon, 8 Ore. 501; State v. Wilkinson, 23 Neb. 710, 37 N. W. Rep. 617; Hammock v. Barnes, 4 Bush, 390.

Ballot defined. "A vote is the wish or will of an elector, whether expressed by ballot or viva voce. That wish or will expressed by bal

lot must not be known to any one except the voter himself, by such ballot. The paper called a ballot must not disclose for what or for whom it is voted, except by the name of the person voted for and the office on the face thereof. If it has any mark or device on the outside, and visible or apparent to common or casual observation, that discloses for what or for whom it is voted, it is not a ballot. This I understand to be the strict meaning of a constitutional ballot; but this construction of the constitutional requirement must be reasonable. It would almost seem that whatever mark there might be on the ballot by which it might possibly be known how the elector voted, to invalidate it, ought to have been placed there by design, and not by mere accident." Hence it was held, because the ballots for judicial, and those for non-judicial, officers are required to be put into separate boxes, that ballots having the word "judiciary" printed on the back thereof are not void, though only the ballots cast for one of the candidates for the office of county judge was so distinguished: State v. Barden, 77 Wis. 601.

"The word 'ballot' means, in the election of public officers, and always meant, a paper so prepared by printing or writing thereon as to show the voter's choice, and 'vote by ballot' the deposit of such paper in a box in such a way as to conceal the voter's choice if he so desires." State v. Anderson, 100 Wis. 523.

Voting machines. The Massachusetts constitution provides that representatives "shall be chosen by written vote." Four of the seven justices of the supreme court have advised the legislature that such provision does not prohibit the use of voting machines dispensing with the use of a separate piece of paper for each vote, and registering the successive votes by successive punches by revolution of cogwheels or other similar device, the total number being shown by an index: In re House Bill No. 1291, 60 N. E. Rep. 129.

4. Residence not lost, when. [Sec. 4, art. 3.] No person shall be deemed to have lost his residence in this state, by reason of his absence on business of the United States, or of this state.

5. Who not residents. [Sec. 5, art. 3.] No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed within the same.

See note to paragraph 76.

[Sec. 6,

6. Who may be excluded from right of suffrage. art. 3.] Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery or larceny, or of any infamous crime, and depriving every person who shall make, or become directly or indirectly

interested in, any bet or wager depending upon the result of any election, from the right to vote at such election.

The statute excluding from right of suffrage any person convicted of bribery or betting on an election, in paragraph 76. Conviction of bribery vacates the office obtained thereby. Paragraph 337. Conviction of any infamous crime vacates any office under constitution and laws of this state, held by the convict, and pardon does not restore it. Statutes, 1898, sec. 4935. Conviction of treason, felony or bribery, ground of challenge, paragraph 121. See note to paragraph 333 for cases on bribery.

7. Who ineligible to office. [Sec. 3, art. 13.] No member of congress, nor any person holding any office of profit or trust under the United States (postmasters excepted) or under any foreign power, no person convicted of any infamous crime in any court within the United States, and no person being a defaulter to the United States, or to this state, or to county or town therein, or to any state or territory within the United States, shall be eligible to any office of trust, profit or honor in this state.

8. Sheriffs. Sec. 4, art. 6, provides that sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices.

9. Supreme and circuit judges. [Sec. 7, art. 7.] For each circuit there shall be chosen by the qualified electors thereof one circuit judge, except that in any circuit composed of one county only, which county shall contain a population, according to the last state or United States census, of one hundred thousand inhabitants or over, the legislature may, from time to time, authorize additional circuit judges to be chosen. Every circuit judge shall reside in the circuit from which he is elected, and shall hold his office for such term and receive. such compensation as the legislature shall prescribe.

Sec. 10, art. 7, provides that judges of the supreme and circuit courts "shall hold no office of public trust, except a judicial office, during the term for which they are respectively elected, and all votes for either of them for any office, except a judicial office, given by the legislature or the people, shall be void."

A circuit judge must, at time of his election, be a resident of the circuit for which elected, and must reside therein while he holds the office: State v. Messmore, 14 Wis. 163.

10. Members of legislature. [Sec. 12, art. 4.] No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.

11. Members of congress and federal officers. [Sec. 13, art. 4.] No person being a member of congress, or holding any military or civil office under the United States, shall be eligible to a seat in the legislature, and if any person shall, after his election as a member of the legislature, be elected to congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

12. Time of holding general elections. [Part of sec. 1, art. 13, as amended in 1882.] The political year for the state of Wisconsin shall commence on the first Monday in January in each year, and the general election shall be holden on the Tuesday next succeeding the first Monday in November. The first general election for all state and county officers, except judicial officers, after the adoption of this amendment shall be holden in the year A. D. 1884, and thereafter the general election shall be held biennially.

PART II.

PRIMARY ELECTION LAW.

Definition and construction, 13.

Candidates, how nominated, 14.

Primaries, when and where held, 15.

Notice of primaries, how given, 16.

Nomination papers, how prepared and signed, 17.

Nomination papers, when filed, 18.

Publication of names of candidates, 19.

Publication of notices, 20.

Official ballots, 21.

State board of canvassers, how constituted and governed, 29.
Party candidates, 30.

Secretary of state to certify to county clerks, 31.

City board of canvassers; quorum; meetings, when held, 32.
Party committees, 33.

Party platform, 34.

Miscellaneous provisions, 35:

The penal provision, 36.

General election laws to apply, 37.

Conflicting laws repealed, 38.

13. Definition and construction. [SECTION 1, ch. 451, laws of 1903.] The words and phrases in this act shall, unless the same be inconsistent with the context, be construed as follows: 1. The word "primary," the primary election provided for by this act;

2. The words "September primary," the primary election held in September to nominate candidates to be voted for at the ensuing general election;