district or Railroad Commission district shall be ex officio members of and comprise Court of Appeal Committee or Railroad Commission committee and shall have authority over the ordering and holding of primary elections for the purpose of nominating candidates for the Court of Appeal or Railroad Commission of this State. The said State Central Committees, in any year during which a Justice of the Supreme Court of this State is to be elected shall meet on the first Tuesday in July preceding the congressional election and issue a call and provide for the holding of a primary election or elections as may be necessary for the purpose of nominating candidates for the Supreme Court of this State. The members of the State Central Committee above mentioned, which comprise a Court of Appeals District or Railroad Commission district shall constitute a Court of Appeals Committee or Railroad Commission committee for such district. In any year in which a Judge of a Court of Appeals or a Railroad Commission is to be elected at the time of holding a congressional election pursuant to Articles 100 and 283 of the Constitution of this State, the State Central Committeemen, in person or by duly appointed proxies coming from the respective parishes which comprise a Court of Appeals District or Railroad Commission district, shall within ten days from the ordering of the congressional primary, assemble and organize themselves into a Court of Appeals Committee or Railroad Commission committee for such district, select from one of their number a President, Vice-President and Secretary and immediately call and provide for the holding of a primary election for the purpose of nominating a candidate for said Court of Appeals or Railroad Commission, the said Court of Appeals or Railroad Commission primary to be held by the same commissioners, clerks and officers holding the congressional primary and at the same time and places throughout the said Court of Appeals District or Railroad Commission district at which the State and congressional primaries are held. The first time at which a Judge of the Court of Appeals or a Railroad Commissioner is to be nominated in any Court of Appeals District or Railroad Commission district after the passage of this Act, the Chairman or President, or in the event of the death, absence or inability of the Chairman or President, the Vice-President of the State Central Committee of this State, shall within five days or sooner if he can, after the ordering of the congressional primary in which a Court of Appeals District or Railroad Commission district is comprised ad

dress a written notice to each of the members of the State Central Committee in each of the parishes composing the said Court of Appeals or Railroad Commission District, appointing and designating a place, day and hour for the said members to meet and organize themselves into a Court of Appeals Committee or a Railroad Commission committee as provided for in this Act, the Court of Appeals Committee or Railroad Commission committee shall meet the first time after the passage of this Act, within five days after the congressional primary has been ordered after which Court of Appeals Committee or Railroad Commission committee, shall meet to call primaries within ten days after the ordering of congressional primaries. After the first meeting of a Court of Appeals Committee or Railroad Commission committee, the place of meeting shall be selected by the committee.

The returns of a primary for Judge of the Courts of Appeal or Railroad Commissioner shall be made to the Courts of Appeal Committee or Railroad Commission Committee, at the place appointed and designated by the said committee, in sealed envelopes from each voting precinct, through the United States Mail, addressed to the Chairman of the Court of Appeals Commmittee or Railroad Commission Committee. The Court of Appeals Committee or Railroad Commission Committee shall reconvene as soon as practicable after a primary, tabulate and count the returns and declare the result of the primary and the nominee of the same for Judge of the Court of Appeals or for Railroad Commissioner for said District, all under the same forms, restrictions, rules and provisions as apply to primaries for other officers. (Amd. Act 67, 1914, p. 162.)

Municipal and Ward Primaries.

2889. [Sec. 7.] The respective committees of the various political parties having authority to order nominations for municipal or ward officers in any cities, towns or villages where the election of such officers does not fall on the same date at which a general State election for State officers is held, or on the same date at which congressmen are elected, shall meet ninety-one days prior to the date of holding said election and shall order a primary election held to nominate candidates for said municipal and ward officers, not less than sixty and not more than seventy days prior to the date at which said officers are to be elected.

Vacancies.

2890. [Sec. 8.] Whenever a special election is held to fill a vacancy for an unexpired term, caused by death, resignation or otherwise, of any officer, the respective committee having authority to call primary elections to nominate candidates for said office, shall have full authority to fix the date at which a primary election shall be held to nominate candidates in said special election, which date shall not be less than ten days after the special election shall have been ordered.

Qualifications of Voters.

2891. [Sec. 9.] The qualifications of voters and of candidates, in all primary elections held under this Act, shall be the same as now required by the Constitution and election laws of this State for voters at general elections, subject to an additional political qualification which may be prescribed by the State central committees of the respective political parties coming under the provisions of this Act; the respective State central committees of the respective political parties coming under the provisions of this Act shall meet within sixty (60) days after the promulgation of this Act and then fix the said additional political qualification as herein authorized.

Authorizing the State Central Committee to annex additional qualifications does not violate Con. 197, which fixes qualifications for suffrage, State ex rel. Labauve vs. Secty. State, 121 La. 374.

Candidates at primary for municipal offices are not required to have a property qualification, Powell vs. Hart, 132 La. 287.

Contestant has right to show that certain persons voting at a white primary are colored, Marrero vs. Middleton, 131 La. 432.

Neither the parish committee nor the courts have jurisdiction to decide upon the eligibility of candidates, Roussel vs. Dormer, 130 La. 367.

To Vote in Primary Voter When Registered Must Declare Party Affiliation.

2892. [Sec. 10.] In order that none but those affiliating with and being members of any political party shall participate in any primary election held by said political party, it shall be the duty of the registrars of voters thoughout the State to provide an additional space on the regular State registration books, immediately following the last perpendicular ruled column in such book, which space shall be headed "Party Affiliation." shall be the duty of the Registrars of Voters to ask each applicant for registration the question "What political party do you desire to affiliate with?" and the name of the political party so

It

given by such person so applying to be registered shall be recorded in the column provided on the books of registration. The Registrars of Voters being hereby required to furnish proper blank forms for signature by the applicant for that purpose. In case any person applying to be registered does not desire to state his party affiliations, he shall not be required so to do, nor shall his failure so to do act as a bar to his registration for the purpose of voting in any election held under the provisions of the General Election Law.

None but those who have so declared their political affiliation shall be permitted to become candidates or to vote in any primary election of any political party, as defined in this Act. Any person attempting to vote, or voting, or taking part in any primary election of a political party different from that in which he has declared himself to be affiliated with shall be guilty of a misdemeanor, and upon conviction thereof shall be fined and punished as provided for in Section 31 of this Act. All persons who desire to participate in party primaries are required to register their party affiliations. (Amd. Act 100, 1908, p. 155.)

The requirement that the voter at a primary shall have declared his affiliation with the party holding the primary does not violate the secrecy of the ballot, State ex rel. Labauve vs. Secty. State, 121 La. 374, and such voter may be constitutionally required to support the nominee, 121 La. 374.

Notification of Candidates.

2893. [Sec. 11.] Any person desiring to become a candidate in any primary election held under the provisions of this Act, shall, within twenty days for State and district officers, and within ten days for parochial and ward officers, etc., from and after the issuance of the call of the said committee for the said primary election, file with the respective officers hereinafter designated, his written notification of his intention to become a candidate at such primary, accompanied by a declaration that he is a duly qualified elector under the Constitution and laws of this State, "and that he is a member of the party calling said primary election."

Party committees cannot question truth of statement of candidate that he is a member of the party calling the primary election, Trosclair vs. Dem. Comtee., 120 La. 620.

Deposit by Candidates.

2894. [Sec. 12.] All candidates for nomination for United States Senator, Congressmen, Governor, Railroad Com

missioner, Judge of the Supreme Court and other State officers voted for throughout the entire State or Congressional district or Railroad Commssioner district shall file written notification and declaration as provided for in Section 11 of this Act, with the Secretary of State, and as an evidence of good faith, all such candidates, shall, at the time of filing said notice, be required to deposit with the Secretary of State the sum of two hundred and fifty dollars, said deposit to be returned on promulgation of the returns if the candidate is shown to have received at least ten per centum of the total vote cast for the office for which he was a candidate, or if he dies or withdraws by written communication sent to the Chairman of the State Central Committee prior to the holding of the said primary election.

All candidates for all other offices to be voted for in any primary election held under this Act, shall file their written notification and declaration with the chairman of the respective committee which has issued the call for said primary.

What Expense of Primary Paid by State.

2895. [Sec. 13.] (a) The expense of printing ballots and the furnishing the necessary stationery and other election supplies for the primary election in which candidates for United States senator, congressmen, governor and other State officers who are voted for throughout the entire State or congressional districts, and also other expenses necessary to the transmission and promulgation of the returns, shall be paid by the State of Louisiana in the same manner as for general elections.

(b) The expenses of printing ballots and furnishing the necessary stationery and other election supplies for the primary election in which candidates for all other offices are to be nominated shall be paid by the candidates participating in said pri

mary.

(c) The necessary expenses incidental to the holding and conducting of the said primary election, such as payment of commissioners and clerks of election, rent of polling places, expenses of delivery of the ballot boxes and supplies to and from the polling places, shall be borne by the respective parishes, cities, towns and villages, and the respective police juries and municipal authorities shall provide, by ordinance, for their payment.

(d) Any other actual expenses necessary and incidental to the calling and holding of the said primary election shall be borne by the candidate participating therein.