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qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer such questions, no part of his testimony on that trial shall be used against him in any criminal action.

SEC. 91. [Inspection of ballots by court.]-If an inspection of the ballots or poll books of any election district in this state shali become necessary for the determination of any election contest before any court, the presiding. judge thereof may by order, naming the district or districts, require the proper officer to procure the same from the county clerk, or other person in whose possession or custody the same may be, and such clerk or person shall deliver the same to said officer, who shall deliver them unopened to such presiding judge.

SEC. 92. [Same.-The presiding judge shall open and inspect the same in open court, in the presence of the parties or their attorneys, and immediately after such inspection shall again seal them in an envelope and return them by mail or otherwise to the office of the county clerk in which they were at first required to be fied.

SEC. 93. [Costs.-The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment. shall be rendered against the contestant for costs; and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.

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SEC. 94. Judgment.]—The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected. [16 Neb. 215.] SEC. 95. [Tie vote.] If it appears that two or more persons have-or would have had if the legal ballots cast or intended to be cast for them had been counted the highest and an equai number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall by written order direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly.

SEC. 96. [Judgment of ouster.]-When either the contestant or incumbent, shall be in possession of the office, by holding over or otherwise, the court. shall, if the judgment be against the party so in possession of the office and in favor of his antagonist, issue an order to carry into effect the judgment of the court, which order shall be under the seal of the court, and shall command the sheriff of the county to put the successful party into possession of the office with-out delay, and to deliver to him all books and papers belonging to the same; and the sheriff shall execute such order as other writs.

SEC. 97. [Election declared void.]-When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void. [16 Neb. 215.]

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SEC. 98. [Appeal.]—The party against whom judgment is rendered in cases tried in the county and district court, may appeal to the district or supreme court, and if the appellant be in possession of the office, such appeal shall not supersede the execution of the judgment of the court as provided in the preceding section, unless he give a bond with security, to be approved by the court, in to be fixed by the court, and which shall be at least double the probable compensation of such officer for six months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed, he will pay over to the successful party all compensation received by him while in possession of said office after the judgment appealed from was rendered; and said bond shall contain the express consent that judgment may be rendered against the sureties on the appeal as provided in the following section.

SEC. 99. [Judgment against sureties.]—If upon the appeal the judg

ment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

SEC. 100. [Appeal bond.]-If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.

SEC. 101. [Vacancies.]-Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows: 1. The resignation of the incumbent. 2. His death. 3. His removal from office. 4. The decision of a competent tribunal declaring his office vacant, 5. His ceasing to be a resident of the state, district, county, township, precinct, or ward in which the duties of his office are to [be] exercised, or for which he may have been elected. 6. A failure to elect at the proper election, there being no incumbent to continue in office until his successor is elected and qualified, nor other provisions relating thereto. 7. A forfeiture of office as provided by any law of the state. 8. Conviction of an infamous crime, or of any public offense involving the violation of his oath of office. 9. The acceptance of a commission to any military office, either in the militia of this state or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the state for a period not less than sixty days.

SEC. 102. [Resignations.]-Resignations of civil officers may be made as follows: 1. By the governor to the legislature, if in session, if not, to the secretary of state. 2. By senators and representatives in congress, and by all officers elected by the qualified voters of the state, and by judges of the supreme and district courts, district attorneys, and regents of the university, to the governor. 3. By members of the senate and house of representatives, to the presiding officers of their respective bodies, if in session, who shall immediately transmit information of the same to the governor. If such bodies are not in session, to the governor. 4. By all county and precinct officers, to the county board, and by members of the county board to the county clerk. 5. By all township officers, to the township clerk; and by the township clerk to the town board. 6. By all officers holding appointment, to the officer or body by whom they were appointed. Such resignation shall not take effect until accepted by the board or officer to whom the same is made.

SEC. 103. [Filling vacancies.]-Vacancies shall be filled in the following manner: In the office of the reporter of the supreme court, by the supreme court. In all other state and judicial district offices, and in the membership of any board or commission created by the state, where no other method is specially provided, by the governor. In county and precinct offices by the county board; and in the membership of such board by the county clerk, treasurer and judge. In township offices by the town board, but where the offices of the town board are all vacant the clerk shall appoint, and if there be no town clerk, the county clerk shall appoint. In city and village offices, by the mayor and council or board of trustees. [Amended 1883, chap. XLII.]

SEC. 104. [Expiration of fixed term.-Every officer elected or appointed for a fixed term, shall hold office until his successor is elected, or appointed and qualified, unless the statute under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer during or after his term in cases provided by law.

SEC. 105. [Appointments.]-Appointments under the provisions of this chapter shall be in writing, and continue until the next election at which the vacancy can be filled and until a successor is elected and qualified, and be filed with the secretary of state, or proper township clerk, or proper county clerk, respectively.

SEO. 100. Bond need not be signed by appellant. 14 Neb. 231.

SEO. 101. Vacancy may be filled before judicial declaration that office is vacant. 17 Neb. 599. County board may fill vacancy in office of clerk district court. 19 Neb. 447. Removal of county commissioner from his district vacates office. 19 Neb. 501.

SEC. 103. Cited 13 Neb. 276. 17 Id. 604. 19 Id. 447.

SEC. 106. [Possession of property.]-When a vacancy occurs in a public office, possession shall be taken of the office room, and of the books, papers, and all things pertaining to the office, to be held until the election or appointment and qualification of a successor, as follows: Of the office of county clerk by his deputy, if there be one, if not, by the county judge; and in case of any delay in the election or appointment of a successor to the county clerk, his deputy shall continue to discharge the duties of the office, being responsible for the conduct and management thereof upon his official bond. Of the office of county treasurer by the sheriff. Of any of the state officers, by the governor, or in his absence or inability at the time of the occurrence, as follows: Of the secretary of state, by the treasurer. Of the auditor of public accounts, commissioner of public lands and buildings, and superintendent of public instruction, by the secretary of state. Of the treasurer, by the secretary of state and auditor of public accounts, who shall make an inventory of the money and warrants therein, sign the same, and transmit it to the governor if he be in the state; and the secretary of state shall take the keys of the safes and desks, after depositing the books, papers, money and warrants therein, and the auditor shall take the key of the office room. SEC. 107. [Vacancies.]-Vacancies occurring in any state, judicial district, county, precinct, township, or any public elective office, thirty days prior to any general election, shall be filled thereat. Vacancies occurring in the office of county judge or justice of the peace, shall be filled by election, but when the unexpired term does not exceed one year the vacancy shall be filled by appointment, as provided in section 103. Vacancies occurring in the office of any police magistrate in cities where the unexpired term does not exceed one year shall be filled by appointment, but vacancies occuring in such office less than thirty days prior to any city election, and where the unexpired term exceeds one year shall be filled by special election. And any person so appointed or elected under the provisions of this section shall hold his office for the unexpired term. [Amended 1888, chap. XLII.] [See. 17 Neb. 604. 19 Id. 504.]

SEC. 108. [Congress, or member of legislature.]-When a vacancy occurs in the office of representative in congress, or members of the legislature, and the body in which such vacancy exists will convene prior to the next general election, the governor shall order a special election to fill such vacancy at the earliest practicable time, and ten days notice of such election shall be given.

SEC. 109. [Special elections.]-The provisions relating to general elections shall govern special elections, except where otherwise provided for.

SEC. 110. [Canvass.]-In all cases where special elections are held to fill vacancies in offices mentioned in the preceding subdivision, the board of canvassers shall meet at twelve o'clock M., on the third day after said election, to canvass the votes cast at such election, and the county clerk, within four days after any special election for a member of the legislature, or representative in congress, shall transmit to the secretary of state an abstract of the votes cast at said election, if there be more than one county in the district.

SEC. 111. [State board.]-Within ten days after said election in the case last mentioned, the board of state canvassers shall meet and canvass the votes cast to fill such vacancy, and if the returns have not been received from all the counties composing said district, they may adjourn to such day as they deem necessary, not exceeding five, for the purpose of receiving said returns.

SEC. 112. [Repealing clause.]

SEC. 113. [Provided for act to take effect Sept. 1, 1879.]

SEC. 114. [Where county clerk is candidate.j-Whenever the county clerk of any organized county of this state shall be a candidate for any office created by the laws of this state, or for member of the legislature of this state, it shall be the duty of the probate judge of the proper county to select two qualified electors of the county, who, together with himself, shall constitute a board of can

vassers to canvass the vote polled for the office for which the then county clerk was a candidate; Provided, That in the event of the probate judge being a candidate for any office at said election, the county clerk shall canvass the votes as provided by law. The votes shall be so canvassed within the time and in the manner now prescribed by law. [12 Sess. Ter. 1867, 18. G. S. 365.]

SEC. 115. [Fraudulent ballot.]-When at any general or special election a ballot with a designated heading contains printed thereon, in place of another, a name not found on the regular ballot having such heading, such name shall be regarded by the judges as having been placed therein for the purpose of fraud, and the ballot shall not be counted for the name so found. [1888, chap. XLIII.]

SEC. 116. [Penalty.]—That any person causing ballots to be printed with a designated heading containing a name or names not found on the regular ballot having such heading, or any person knowingly peddling or distributing any such ballot with intent to have such ballot voted at any such general or special election, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, for each offense be fined in any sum not less than fifty nor more than two hundred dollars and be imprisoned in the county jail not exceeding sixty days.

PRIMARY ELECTIONS.

SEC. 117. [Fraudulent voting, etc.]-If at any political primary election, held by any political party, organization or association in the state, any individual shall falsely personate and vote under the name of any other person, or shall intentionally vote without the right to do so, or shall willfully and wrongfully obstruct and prevent others from voting who have the right to do so at such primary, or shall fraudulently and wrongfully deposit ballots in the ballot box, or take them therefrom, or shall commit any other fraud or wrong, tending to defeat or affect the result of the election, he shall be deemed guilty of a misdemeanor. [1887, chap 40.]

SEC. 118. [Rules-Polls.]-Political parties, organizations or associations in this state may adopt such rules and regulations, and appoint presiding officers and inspectors of election, at any primary election that they deem just and proper; Provided, That in all cities of the metropolitan, first and second class, the polls at all such primary elections shall be opened at 12 o'clock noon, and closed at 7 o'clock in the afternoon, standard time, on the day on which such elections are held. [Id. § 2.]

SEC. 119. [Challenges--Oath.]-The vote or ballot of any person offered at any such election shall, upon challenge by any lawful voter thereat, be rejected, unless he be sworn as to his qualifications as such voter; and the presiding officer, or any inspector of such primary is hereby empowered, and it shall be his duty, to administer an oath to such person and to any other person offering to vote, as he may deem advisable, which oath shall be as follows: "You do solemnly swear (or affirm) that you will true answers make to such questions as shall be put to you, by the presiding officer, or either of the inspectors of this primary election touching your name and residence, and your qualifications as a voter in this district, ward or precinct, and whether you have before voted at this primary election." And it shall be the duty of the presiding officer, or one of the inspectors at such primary election (if required by the person challenging), to keep a correct record of the interrogatories propounded by said presiding officer or inspector, to any person who shall have been duly sworn, as provided by this act, and also a correct record of the answers to all such interrogatories, which record shall be forthwith deposited by him or them with the clerk of the county in which said primary election is held. [Id. § 3.]

SEC. 120. [Penalty.]-In case the person so swearing shall intentionally make false answer to any question so put to him by the presiding officer or any

SECS. 119-125. "An act to protect primary elections and conventions of political parties and to punish offenses committed thereat," Laws 1887, chap. 40. Took effect Mar. 25, 1887.

inspector, or either of them, at such primary election, he shall, upon conviction, be adjudged guilty of perjury, and shall be punished by imprisonment in the penitentiary for a term not less than one year, nor more than three years. [Id. § 4.]

SEC. 121. [Same-Officers.]—If any person acting as an officer, inspector, teller or canvasser at any such primary election, shall knowingly receive the vote of any individual who shall have been challenged, or who is known to him not to be entitled by the rules or regulations of the association, organization or political party holding the primary election, to vote at such primary, unless the same shall first be sworn in as aforesaid, or shall in any manner fraudulently and wrongfully deposit, or put any ballots into or take any from the ballot box of any primary election, or shall fraudulently and wrongfully mix any ballots with those cast at any primary election, or shall knowingly make any false count, canvass, statement, certificate or return of the ballots cast or vote taken at said primary election, he shall be deemed guilty of a misdemeanor. [Id. § 5.]

SEC. 122. [Bribery.]—If any person who is entitled to vote, or is elected a delegate at any such primary, or convention, shall accept or receive any money or valuable thing as a consideration for his vote he shall be deemed guilty of a misdemeanor. [Id. § 6.]

SEC. 123. [Words construed.]-The words "primary election," as used in this act, shall be construed so as to embrace all elections, held by any political party, convention, organization or association, or delegates therefrom for the purpose of choosing candidates for office or the election of delegates to other conventions, or for the purpose of any political party, organization, convention or association. [Id. § 7.]

SEC. 124. [Qualifications of voters.]-No person shall be entitled to vote at any primary election unless of the age of twenty-one years, and a duly qualified voter under the laws of this state, and the prescribed rules and regulations of the political party, organization or association holding the primary election. [Id. § 8.]

SEC. 125. [Penalties.]-The punishment of any of the offenses in this act declared to be misdemeanors shall be a fine not exceeding five hundred dollars, or imprisonment not exceeding one year, or both such fine and imprisonment. [Id. § 9.]

CHAPTER 26 a.-ELECTIONS IN CITIES.

SECTION 1. [Election days holidays.]-The days upon which the general or local election shall hereafter be held in the cities of the metropolitan and first class shall, for all purposes whatever, as regard the presenting for payment or acceptance, and of the giving notice and protesting of the dishonor of bills of exchange, bank checks, and promissory notes, be treated and considered as is the first day of the week, commonly called Sunday. [1887, chap. 89.]

SEC. 2. [Ballot boxes.]-At elections hereafter to be held in any city of the first-class or metropolitan cities, the boxes to be used in receiving the ballots thereat shall be marked and numbered successively as follows: Number one (1), "President;" number two, (2) "State;" number three, (3) "Congress;" number four, (4) "Legislature and county;" number five, (5) "City" number six, (6) "Local;" number seven, (7) "Judiciary;" and number nine (9) "Educational." And at every election hereafter to be held in said cities, only such numbers of boxes marked as aforesaid, shall be furnished, as may be required by law, to receive the ballots to be used at such election. At any election at which any officers are to be voted for upon ballots not otherwise in this section provided for, there shall be provided as many additional boxes as there are additional ballots required.

SEC. 3. [Ballots.]-The ballots for electors of president and vice-president shall be the same as now prescribed by law, and when folded shall be en

CHAP. 26 a. "An act to amend the election laws for metropolitan cities and cities of the first class in the state of Nebraska." Laws 1887, Chap. 39. Took effect July 1st, 1887.

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