LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 50 lished at Fairfield, Iowa, and the Des Moines Capital, published at Des Moines, Iowa. Approved March 20, A. D. 1907. I hereby certify that the foregoing act was published in the Des Moines Capital, March 22, 1907, and the Fairfield Tribune, March 27, 1907. W. C. HAYWARD, CHAPTER 50. ELECTION EXPENSES. H. F. 477. AN ACT to amend title six (VI), chapter three (3) of the code, relating to elections. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Amended. That title six (6), chapter three (3) of the code be and the same is hereby amended by adding the following sections thereto : SEC. 2. Candidates to make sworn statement of election expenses-where filed. Every candidate for any office to be voted for at any primary, muicipal or general election shall, within ten days after the holding of such primary, municipal or general election, file a true, correct, detailed, sworn statement showing each and all sums of money or other things of value disbursed, expended or promised directly or indirectly by him, and to the best of his knowledge and belief by any other person or persons in his behalf for the purpose of aiding or securing his nomination or election. If the person be a candidate for a municipal or a county office, such statement shall be filed with the county auditor; if for a state office, or any other office to be voted for by the electors of more than one county, such statement shall be filed with the secretary of state. Such statement shall show the dates, amounts, and from whom such sums of money or other things of value were received; and the dates, amounts, purposes and to whom paid or disbursed, and shall include the assessment of any person, committee, or organization in charge of the campaign of such candidate. SEC. 3. Testimony-immunity from prosecution. In prosecutions under this act, no witness shall be excused from giving testimony on the ground that his testimony would tend to render him criminally liable or expose him to public ignominy, but any matter so elicited shall not be used against him, and said witness shall not be prosecuted for any crime connected with or growing out of the act on which the prosecution is based in the cause in which his evidence is used for the state, under the provisions of this section. SEC. 4. Statements by committee chairmen. The chairman of each party central committee for the state, district or county, shall file a statement of receipts and expenditures within ten days after the general election. The chairmen of state and district central committees shall file said statements with the secretary of state; and the chairmen of county central committees, with the county auditor. Such statements shall contain all the information required to be filed by candidates as set forth in section two (2) of this act, and in addition thereto shall state the amounts or balances remaining on hand. The person filing the same shall make oath that it is a full, true and correct statement. SEC. 5. Statements open to public inspection. The statements provided for in this act shall be open at all times to the inspection of the public, and CH. 51] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. remain on file and become a part of the permanent records in the office where filed. SEC. 6. Treating near the polls. It shall be the duty of the judges and clerks of all municipal, general and primary elections to prohibit the placing, keeping, and giving to the voters, by any person of any cigars, food or other refreshments or treats, in or about the polling place. SEC. 7. Penalty. Any person violating any of the provisions of the last five preceding sections shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) nor more than three hundred dollars ($300), or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months. Approved April 13, A. D. 1907. CHAPTER 51. PRIMARY ELECTIONS. S. F. 280. AN ACT providing for the nomination, by political parties, or organizations, of candidates for various offices, and the election of delegates to conventions of said political parties or organizations, and the election of party committeemen, by a primary election, and for the holding of conventions by such political parties or organizations, providing penalties for the violations thereof, and repealing chapter forty (40), laws of the Thirtieth General Assembly, and chapters forty-five (45) and forty-six (46), laws of the Thirty-first General Assembly, relating to primary elections. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Primary elections authorized-offices affected. That from and after the passage of this act the candidates of political parties for all offices which under the law are filled by the direct vote of the voters of this state at the general election in November, (except candidates for the office of judge of the supreme, district and superior courts), for the office of senator in the congress of the United States, and for the office of elector of the president and vice-president of the United States, shall be nominated by a primary election, and delegates to the county conventions of said political parties or organizations and party county committeemen shall be elected at said primary election, at the times and in the manner hereinafter provided. The provisions of chapters three (3) and four (4), title six (6), and chapter eight (8), title twenty-four (24), of the code, shall apply so far as applicable to all such primary elections, the same as general elections, except as hereinafter provided. The vote upon candidates for the office of senator in the congress of the United States shall be for the sole purpose of ascertaining the sentiment of the voters in the respective parties. SEC. 2. Primary election defined. The term "primary election" as used in this act shall be construed to apply to an election by the members of various political parties for the purpose of placing in nomination candidates for public office, for selecting delegates to conventions, and for the selection of party committeemen. SEC. 3. Political party defined. The title "political party" shall mean a party which, at the last preceding general election, cast for its candidate for governor at least two per centum of the total vote cast at said election, provided that such other political organizations as may, under sections 1098 and 1099 of the code nominate and certify candidates and have their names placed upon the ballot for the November election, shall have the right so to do in the manner and under the conditions therein prescribed. LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 51 SEC. 4. When held. The primary election herein provided for shall consist of an election by all political parties and shall be held at the usual voting places of the several precincts on the first Tuesday after the first Monday in June, in the year nineteen hundred eight, and biennially thereafter, for the nomination of candidates for such offices as are to be filled at the general election in November next ensuing, (except candidates for the office of judge of the supreme, district and superior courts), for senator in the congress of the United States in the next year preceding the filling of that office by the general assembly, and for the electors of the president and vice-president of the United States, in the year in which a president and vice-president are to be elected. SEC. 5. Judges and clerks-how selected-oath-expenses. The judges and clerks of all primary elections under this act shall be made up and selected and appointed in the same manner as for the general election held in November, and they shall take the same oath and the judges are hereby authorized to administer oaths as hereinafter provided. Vacancies shall be filled as provided for the judges and clerks of the general election, and their compensation shall be the same. The expenses of said primary election shall be paid one-half by the county in which the said primary election is held, and onehalf by the state. The board of supervisors of each county shall audit the entire expense and certify the same to the executive council, which shall thereupon order a warrant for one-half the amount to be delivered to the county, which shall thereupon pay the entire amount. SEC. 6. Australian ballot-polls open-ballots. The Australian ballot system as now used in this state, except as hereinafter provided, shall be used at said primary election in all precincts. The voter shall in all cases mark the ballot in the square before the name of each person for whom he desires to vote. In cities where registration is required by law, the polls shall be open from 7:00 a. m. to 8:00 p. m., and in all other precincts from 1:00 p. m. to 8:00 p. m. The elector voting at said primary election shall be allowed to vote for candidates for nomination on the ticket of only one political party, and that shall be the party with which he is registered as affiliated. The endorsement of the judges of election and the fac simile of the auditor's signature shall appear upon the ballots as provided by law for the ballots used for the November election. The voter shall return the ballot folded to one of the judges of election who shall deposit it in the ballot box. If any primary elector write upon his ticket the name of any person who is a candidate for the same office upon some other party ticket than that upon which his name shall be so written, such ballot shall be so counted for such person only as a candidate of the party upon whose ballot his name is written, and shall in no case be counted for such person as a candidate upon any other ticket. In case the person is nominated upon more than one ticket, he shall forthwith file with the proper officer a written declaration indicating the party designation under which his name is to be printed on the official ballot for the general election following such primary election. SEC. 7. First declaration of party affiliation-record. At the primary election to be held in June in the year nineteen hundred eight any person shall be entitled to participate therein who is a qualified elector in such precinct at the time of said primary election, and when the voter seeks to pass the guard-rail he shall indicate the party ballot he desires and one of the judges of the primary election board shall give him such primary ballot, (unless challenged, and if so challenged, then only in the event that the challenge is determined in favor of the voter), and such person shall thereupon be allowed to vote. The voter's selection shall constitute his declaration of party affiliation, and it shall be the duty of the primary election board to CH. 51] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. record his name and check his declaration of party affiliation on the poll books used by the clerks of the primary election board, and said list properly certified to by said primary election board shall be returned to the county auditor for preservation. Copies of the names and party entries on such list together with the changes of party affiliation as hereinafter provided, arranged alphabetically by surnames, shall be used at subsequent primaries for determining with what party the voter has been enrolled, and no voter enrolled under the provisions of this act shall be allowed to receive the ballot of any political party except that with which he is enrolled, but he may change his enrollment as hereinafter provided. The county auditor shall prepare for each voting precinct two of the above mentioned lists duly certified by him, and taken from the poll books of the last preceding primary election, which he shall deliver to the succeeding primary election boards in the year nineteen hundred ten and biennially thereafter, at least one day prior to the day of the primary election, and which list together with the poll books of the primary election shall be returned to the said auditor in good condition within twenty-four hours after the primary election, to be preserved by him. SEC. 8. Change of affiliation-first voter-removal. Any person who has thus declared his party affiliation shall thereafter be listed on the poll books as a member of that political party, and such person while a resident of the same voting precinct need not declare his party affiliation at succeeding primary elections unless he desires to change his party affiliation. Any elector, who, having declared his party affiliation, desires to change the same, may, not less than ten days prior to the date of any primary election, file a written declaration with the county auditor stating his change of party affiliation, and the auditor shall enter a record of such change on the poll books of the last preceding primary election in the proper column opposite the voter's name and on the voting list. Any elector whose party affiliation has for any reason not been registered or any elector who has changed his residence to another precinct, or a first voter or citizen of this state casting his first vote in this state shall be entitled to vote at any subsequent primary election in the same manner and upon the same terms as provided in section seven (7) of this act, and the clerks of the primary election shall record his party affiliation and the county auditor shall add his name to the alphabetical lists for use in subsequent primary elections as provided for in section seven (7) of this act. SEC. 9. Challengers—affidavit. Each political party shall be entitled to have two party challengers present at each polling place, to be appointed by the respective party committeemen. Any judge or clerk of the primary election or any party challenger may challenge any voter upon the grounds mentioned in section eleven hundred fifteen (1115) of the code and such challenge shall be determined as there provided. Any elector whose party affiliation has been recorded as provided by this act and who desires to change his party affiliation on the primary election day, shall be subject to challenge. If the person challenged insists that he is entitled to vote the ticket of the political party to which he has transferred his political affiliation and the challenge is not withdrawn, one of the judges shall tender to him the following oath: "You do solemnly swear (or affirm) that you have in good faith changed your party affiliation to and desire to be a member of the party." And if he take such oath he shall thereupon be given a ticket of such political party and the clerks of the primary election shall change his enrollment of party affiliation accordingly. SEC. 10. Nomination papers-candidates-affidavit. No candidate for an elective county office shall have his name printed upon the official primary ballot of his party unless at least thirty days prior to the day fixed for holding the primary election a nomination paper shall have been filed in his be LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 51 ...county, and state ... half in the office of the county auditor; and no candidate for nomination for an elective state office, or for representative in the congress of the United States, or member of the general assembly, shall have his name printed upon the official primary ballot of his party unless at least forty days prior to such primary election a nomination paper shall have been filed in his behalf in the office of the secretary of state; and no member of a political party desiring or intending to be a candidate for the office of senator in the congress of the United States, or a candidate for the office of elector of the president and vice-president of the United States, shall have his name printed upon the official primary ballot of his party in any election precinct unless at least forty days prior to such primary election a nomination paper shall have been filed in his behalf in the office of the secretary of state. A candidate for an office to be filled by the voters of any sub-division of a county shall not be required to file any nomination paper or papers. All nomination papers shall be in substantially the following form: "I, the undersigned, a qualified elector of of Iowa, and a member of the ...party, hereby nominate. of ..county, state of Iowa, who has affiliated with and is a member of the........party, as a candidate for the office of........to be voted for at the primary election to be held in June, 19....", and shall consist of sheets of uniform size about 82 by 13 inches. No signatures shall be counted unless they are on sheets each having such form written or printed at the top thereof. Each signer of a nomination paper shall sign but one such nomination paper for the same office, except where more than one officer is to be elected to the same office, in which case he may sign as many nomination papers as there are officers to be elected, and only one candidate shall be petitioned for or nominated in the same nomination paper. Each signer of a nomination paper shall add his residence with street and number, if any, and the date of signing. For all nominations, all signers of each separate part of a nomination paper shall reside in the same county. When more than any sheet is used for any nomination paper, the sheets shall be laid one upon the other and neatly, evenly, and securely fastened together before filing, and shall be considered as one nomination paper only. A nomination paper, when filed, shall not be withdrawn nor added to, nor any signature thereon revoked. The affidavit of a qualified elector shall be appended to each such nomination paper, or papers, if more than one for any candidate, stating that he is personally acquainted with all the persons who have signed the same; that he knows them to be electors of that county and believes them to be affiliated with the party named therein; that he knows that they signed the same with full knowledge of the contents thereof; that their respective residences are truly stated therein; and that each signer signed the same on the date stated opposite his name, but such affidavit shall not be made by the candidate. Each and every candidate shall make and file his affidavit stating that he is eligible to the office for the township, county, district or state in which he is and will be a bona fide candidate for nomination for said office, and shall file such affidavit with the said nomination paper or papers, when such paper or papers are required. If no such paper or papers are required, then he shall file such affidavit alone, with the county auditor, at least thirty days prior to such primary election, and the filing of such affidavit shall entitle such candidate to have his name printed on the official primary ballot of his party. Such affidavit shall be in form and substance as follows: "I,.. being duly sworn, say that I reside at........ street, (city or town) of ... county of in the state of Iowa; that I am eligible to the office for which I am a candidate, and that the political party with which I affiliate is the party; that I am a and |