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2-3-2. Any political party or organization which at the last preceding municipal or presidential election for Governor in this State polled at least five (5) per cent of the entire votes cast in the city for its candidate receiving the highest number of votes, shall be entitled under this act to hold one primary election on any day in the months of January, February or March immediately preceding any regular spring or summer elections; which primary election shall effect only the nominations for the offices to be filled at the particular spring or summer elections next and immediately following such primary election day: Provided, that such primary election day and certificates of nomination shall be subject to the provisions of section 7 of an act entitled "An act to provide for the printing and distribution of ballots at public expense, and for the nomination of candidates for public office, to regulate the manner of holding elections, and to enforce the secrecy of the ballot," in force July 1, 1891, as amended; and such primary election day shall be at least six days before nomination certificates are required by law to be filed. Within the time limited, as aforesaid, such political party or organization, through its central committee or managing committee, may determine and name the day for holding such primary election; but no two different political parties shall hold their primary elections on the same day; and the political party first applying, as hereinafter set forth, shall have the preference in the choice of days, in case two or more different political parties shall in their application appoint the same day.

2-3-3. No political party or organization shall be entitled under this act to hold a primary election unless at least twenty-five (25) days before such primary election day such political party or organization shall file with the board of election commissioners of the city a call or application in writing, which shall set forth:

First-The name of such political party and the address of the headquarters of the central committee or managing committee of such political party.

Second-The day on which such primary election is to be held.

Third-The name, place and time of every convention for the nomination of candidates for public office for which such primary election is called.

Fourth-The description of each of the various primary election districts, together with the names of the three persons for judges of election and two persons for clerks of election for each such primary district, also the designation of a polling place for each such primary district.

Fifth-The number of delegates from each such primary district to each convention: Provided, that the number of delegates from each of the different primary districts be proportioned equally to the number of voters of such political party in each district as shown by the last preceding presidential election returns: And, provided, that each primary election district shall be allowed to be represented by at least one delegate to each convention in which such primary district is entitled to be represented.

Sixth-The name of some resident voter of the city or ward as the case may be, to call the respective conventions to order and who shall preside until the temporary chairman has been duly elected.

Provided, that all the organizations or subdivisions of any one general political party within the city shall hold their primary elections, such as may then be in order, for the city or wards, together and on one and the same day; and each municipal or ward organization of the party that neglects to join shall forfeit the right to hold primaries for its particular nominations then due.

2-3-4. Such call or application shall be signed by the chairman and attested by the secretary of the central committee or managing committee of such political party or organization, verified by oath that the facts therein stated are true and that they are, respectively, the chairman and secretary of such committee. No person and no political party or organization shall use the name of another political party or organization (or any designation similar to that of another political party or organization) in such manner as to deceive voters.

2-3-5. At least ten (10) days before the primary election day designated as aforesaid by such political party, it shall be the duty of the board of election commissioners, upon the application of any political party entitled thereto as aforesaid, through its central committee, or managing committee, as aforesaid, to give notice of such primary election. Such notice shall contain the name of the political party or organization for which such primary election is to be held, the address of the headquarters of the central committee, or managing committee, of such party, the name, place and time of each convention according to the call aforesaid to be held by such party for the nomination of candidates for public office, the date upon which such primary election. is to be held, the description of each of the various primary election districts, the location of the polling place for each such district, and the number of delegates to be elected from each primary district to each convention. But no failure or error in such notice or in the call or application aforesaid, shall invalidate any primary election actually held, and any primary election held pursuant to any notice substantially like the above notice shall be deemed to be held under this act, and all judges of courts of record in the city shall take judicial notice of the holding of such primary election under this act.

2-3-6. For purposes of primary elections under this act, in the more sparsely settled territory a regular election precinct may constitute a primary election district; but in populous sections, in order to save expense, from two to seven, but no more, entire contiguous election precincts of the same ward in as compact a form as practicable, may be joined so as to form one primary election district, but in such manner that each primary election district, consisting of two or more regular election precincts, shall include at least three regular election judges and two regular election clerks residing within such primary district and belonging to the party establishing such primary district. In no event shall any primary district contain more than eight hundred (800) voters, to be ascertained by the party vote of the party holding

said primary election' cast at the last preceding presidential election. Primary districts, when lawfully established, shall remain as established for each party's successive primaries, except as changes may be necessitated by law.

In each such primary election district there shall be a primary polling place, which shall be as near the center of population of such district as is practicable, and such primary polling place shall be in the most public, orderly and convenient part of such primary district, and within a room permitting easy ingress and egress to voters, and no building shall be designated or used as such polling place in which spirituous or intoxicating liquor is sold, or which is within one hundred (100) feet of any place where such liquor is sold. The central committee or managing committee of any political party or organization entitled to hold such primary elections under this act shall establish such primary election districts and designate such polling places according to this act, not less than twenty-five (25) days before such primary election day.

2-3-7. Not less than ten days before such primary election day, the board of election commissioners, by the general election law authorized to appoint judges and clerks for general elections, is, and are hereby, empowered to appoint, and shall, for such primary election. district, appoint and swear in from the list of duly appointed and regular election judges and clerks, and otherwise as herein provided, three judges and two clerks, who are members of such political party, to serve, respectively, as judges and clerks at such primary election: Provided, however, that such political party or organization, through its central or managing committee, shall have the right, not less than twenty-five (25) days before such primary election day, to designate and name for appointment for service at such primary election such certain of the regularly listed judges and clerks as were originally recommended and named or endorsed for appointment as regular election judges and clerks by such political party; and in case there are not a sufficient number of listed regular judges and clerks so originally recommended and named or indorsed by such political party to equip all primary polling places of such party, then such political party or organization may, not less than twenty-five (25) days before such primary election day, through its central or managing committee, recommend to such appointing power a sufficient number of qualified persons for appointment to serve as primary election judges and clerks to equip all the primary polling places of such party; and such board. having such appointing power, to whom or to which such names are designated by such political party as aforesaid, shall, not less than ten days before such primary election day, select from the names so recommended, and shall notify, appoint and swear in such persons, if qualified to act as judges and clerks at such primary election; and such persons so appointed shall serve as judges and clerks, respectively, at such primary election. Except when only one or two regular election precincts. form a primary election district, no two judges and no two clerks shall serve at the same primary polling place who reside in the same regular election precinct. In default of such designation or recommendation

of such judges and clerks by such political party, and in any case of vacancy among primary judges and clerks, then such board having the appointing power as aforesaid shall appoint and swear in from the list of duly appointed and regular election judges and clerks who are members of such party, a sufficient number of judges and clerks to equip all the primary polling places of such party. Such judges and clerks appointed under this act shall take an oath of office substantially as follows, and shall subscribe their names to the same:

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In due time before such primary election day such appointing board shall notify every person designated as aforesaid and intended for appointment as judge or clerk of the fact of his election; and he shall, unless excused by such board, for good cause, be appointed as a judge or clerk, respectively, and he shall then be bound to serve as such judge or clerk for the ensuing primary election. Such board appointing judges and clerks as aforesaid shall keep a record of the names of all such persons so notified to appear, and whether such persons were rejected for want of qualification or excused for cause; in such case the facts shall be noted. In case any person so notified fails to appear before such board, as required in this act, or if he do appear and refuses to serve, or if he shall be sworn to serve and fail to serve on the day appointed, he shall be guilty of a misdemeanor under this act, unless good cause be shown to excuse his default for such service. In case the person intended for appointment does not appear upon notification, then other persons shall be notified by said board as aforesaid until eligible persons are found who will serve. All persons subscribing to the oath as aforesaid, and all persons actually serving as judges and clerks at any primary election, whether sworn in or not, shall be deemed to be, and are hereby declared to be, officers of the county court of the respective county; and such persons shall be liable to punishment by such court in a proceeding for contempt for any misbehavior as such. judge or clerk, to be tried in open court on oral testimony, in a summary manner, without written pleadings; but such trial or punishment for contempt of court shall not be any bar to any criminal proceedings against such primary judges or clerks for any violation of this Act.

2-3-8. All the laws of this State, respecting the general elections in this State, now or hereafter in force in any election precinct or district in the city, except as the same are modified by the provisions of this

act, and so far as the same are applicable to the primary elections provided for in this act, are hereby declared to be in force in each primary election district, respecting the primary elections provided for in this act.

Polling places in the respective primary election districts shall be named, appointed, selected, provided, established, furnished, warmed, lighted, maintained, conducted, and supervised;

And all necessary ballot boxes, registry books, statements of votes, tally sheets, blanks, poll books, stationery and supplies shall be provided, furnished, delivered, returned and used;

And notice of such primary election shall be given and posted;

And all judges and clerks shall be paid, appointed upon the recommendation of the central committee or managing committee, as aforesaid, qualified, notified, directed, instructed, sworn, and vacancies in their number supplied;

And such primary elections in each election district shall be conducted, supervised, regulated and controlled;

And after being used at any primary election, all registry books, poll books, tally sheets, ballots, statements of votes, returns, ballot boxes, ballot box keys, and other election paraphernalia shall be preserved, kept, stored, accounted for and returned;

And the polling places and the polls of such primary election shall be open and closed respectively;

In the same manner and by the same board or judges and clerks, as is provided by law in force in any election precinct or district in the city, respecting the general elections, except as such general election laws are modified by this act, and except as to the time of appointing the respective polling places in the various election precincts or districts, which time shall be at least ten (10) days before each primary election day.

The board of election commissioners, or any or all of them, by the general election law authorized to furnish or have the custody of general election ballot boxes, general registry books of voters, and other election paraphernalia, shall, in due time before primary election day, notify one or more of the judges of each election district to appear before such board in due time before primary day; and such judges shall appear within such time, and such board shall deliver to such judge or judges for each primary election district one ballot box, also one regular election registry book of voters for each regular election precinct included in the primary election district; also sufficient poll books, tally sheets, blank affidavits, oaths, statements of votes, delegates' certificates of election; also all other blanks, papers and supplies necessary to carry out the provisions of this act.

2-3-9. The expenses of conducting such primary election shall be paid by the city to which this act shall apply, as hereinafter provided, including the salaries of judges and clerks, the cost of ballot boxes, registry books, poll books, return sheets, stationery, supplies, polling places and such other expense as are necessary and incidental to carry out the provisions of this act.

The board of election commissioners shall audit all the claims of such judges and clerks of such primary election: Provided, that all expense

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