b98-61-43711013

xt7m0c4sjp2n https://exploreuk.uky.edu/dips/xt7m0c4sjp2n/data/mets.xml Kentucky. 1900 books b98-61-43711013 English Secretary of State], : [Frankfort, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Election law Kentucky. Amendments to the state election laws of Kentucky . text Amendments to the state election laws of Kentucky . 1900 2002 true xt7m0c4sjp2n section xt7m0c4sjp2n

AMENDMENTS

TO THE

State Election Laws

OF KENTUCKY.

HOUSE BILL, NO. 19.

Be it enacted by the General Assembly of the Common-
wealth of Kentucky:
Section 1. The County Clerk of each county shall cause to
be printed on the respective ballots the names of the candi-
dates nominated by the convention or primary election of any
party that cast 2 per cent. of the total vote of the State at the
last preceding general election, as certified to the said clerk
by the presiding officer and secretary of said convention, or
inthe case of a primary election by the secretary and chairman
of any district committee; and also the names of any candi-
dates for any office, when petitioned so to do by electors qual-
ified to vote for such candidates, as follows: lFor a State of-
ficer, or any officer for whom all the electors of the State are
entitled to vote, one thousand petitioners; for a Representa-
tive in Congress from any congressional district, or any other
district except as herein provided, four hundred petitioners;
for a county officer or member of the General Assembly, one
hundred petitioners; for an officer of a precinct, or any other
ward, or other division less than a county, twenty petitioners.
The signatures of such petition need not be appended to one

paper, but no petitioner shall be counted except his residence
and postoffice address be designated. Such petition shall
state the name and residence of each of such candidates; that
he is legally qualified to held such office; that the subscribers
desire, and are legally qualified, to vote for such candidate;
and shall designate a brief name or title of the party or prin-
ciple which said candidates represent, together with any sim-
ple figure or device by which they shall be designated on the
ballot.

CERTIFICATE OF NOMINATION.

The certificate of nomination by a convention or pri-
marv election shall be in writing, and shall contain the name
of each person nominated, his residence and the office to
vihich he is nominated, and shall designate a title for the
party or principle which such convention or primary election
represents, to-ether with any simple figure or device by which
its list of candidates may be designated on the ballots: said
certificate shall be signed by the presiding officer and secre-
tarv of such convention, or bv the chairman and secretary of
the countv, city or district committee, who shall add to their
signatures their respective places of residence, and acknowl-
edge the same before an officer duly authorized to administer
oaths. If the certificate of nomination of any State Conven-
tion shall request that the figure or device selected by such
convention be used to designate the candidates of such party
on the ballots for all elections throu-hout the State such
figure or device shall be used until changed by request of a
subsequent State Convention of the same party. Such device
may be any appropriate symbol; but the coat of arms or seal
of the State, or of the United States, the National flag, or any
other emblem common to the people at large, shall not be
used as such device. A certificate of such acknowledgment
shall be appended to such instrument. In case of death, res-
ignation or removal of any candidate subsequent to nomina-
tion, unless a supplemental certificate or petition of nomina-
tion be filed, the chairman of the State, county or city district
committee shall fill such vacancy. Certificates and petitions
of nomination of candidates for all offices to be filled by the

electors of a county, or a division or district of the county,
shall be filed with the County Court Clerk: Provided, how-
ever, That if any political party entitled to nominate by con-
vention shall in any case fail to do so, the names of all nomi-
nees by petition for any office who shall be designated in their
positions as members of, and candidates of. such party, shall
be printed under the device and title on the ballots as if nom-
inated by a convention. Certificates and petitions of nomina-
tion of candidates for offices to be voted for by the electors of
the State, other than members of the General Assembly, or of
any division or district of the State exclusively, shall be filed
with the Secretary of State. In the event two or more per-
sons who have filed certificates of nomination with the said
Secretary of State or County Clerk shall claim to be the nom-
inee of the same political party the governing authority of
said political party shall designate, in writing, to said Secre-
tary of State and County Clerk which of said candidates shall
be entitled to the party emblem: Provided, however, if there
be two or more contending executive committees of the same
party in the county or district, then that county or district
executive committee which is recognized by the State govern-
ing authority of such party, by the written certificate of the
chairman thereof, shall be recognized by the County Clerk and
Secretary of State.

DESIGNATION OF DEVICE.

Sec. 2. Not less than twenty (lays before the election of
such officers as are required to file their certificate of nomina-
tion with the Secretary of State said Secretary of State shall
certify to the respective County Court Clerks of the various
counties which are entitled under the law to participate in the
election of the respective candidates, the niame and place of
residence of each candidate for each respective office, as speci-
fied in the certificates and petitions of nomination filed with
him, and shall designate therein, subject to the provisions of
this act, the device under which the group or list of candidates
or candidate of each party shall be printed, in the order in
which they shall be arranged on the ballot Provid'Ied, how-
ever, Should a vacntyV occur in the General Assembly and a
writ of election issued to fill said vacancy, the petition or

certificate of nomination may be filed ten days before the day
of election, and if filed with the Secretary of State shall be
immediately certified to the proper County Court Clerks. No
writ for the election of a member of the General Assembly
shall be issued, except so as to enable the Sheriff to give
notice thereof, as now provided by law, at least fifteen days
before the day of election.
Sec. 3. If the County Court Clerk shall willfully and know-
ingly refuse or fail to have the name of any candidate printed
upon the official ballot in the manner provided for in this
act, he shall forfeit his office and-be guilty of felony, and, upon
conviction, be confined in the penitentiary for not less than
one year nor more than three years.

CI1RCLE UND)ER DEVICE.

See. 4. The County Clerks of the several counties shall
cause the names of all candidates of their respective jurisdic-
tions, where nominations for any office specified in the ballot
have been duly made and not withdrawn, in accordance here-
with, to be printed on one ballot all nominations of any
party or group of petitioners, as designated by them in their
certificate or petition; or if none be designated, under some
suitable title and device. If the same device for designating
Candidates be selected by two parties or groups of petitioners,
it shall be given to the one which first selected it, and the
Clerk shall select a suitable device for the other. The ar-
rangnement of the ballot shall in general conform, as nearly
as practicable, to the plait hereinafter given, and the devices
named and lists of the candidates of the various parties shall
be printed in parallel columns, in such order as the Secretary
of State may direct, precedence. however, being given to the
party which polled the higher number of votes for the head
of the ticket in the last preceding election. The device of each
party shall be placed at the head of the list of candidates of
the party. The device shall not be inclosed in a square, but
immediately under the device shall be placed a circle of one
inch in diamter. Immediately under it shall be placed the
name or title of the party -ieket, andi iiatej ly under the
name or title the list of candidates of the party, the name of

each candidate having immediately on its right a small square
large enough to contain the cross mark by which the voter is
required to designate his vote. Underneath the name of each
candidate shall be left a blank space large enough to contain
a written name, and the general arrangement shall conform as
nearly as possible to the following:
Name of voter ...................... Consecutive number.
Residence.............................

DEMOCRATIC PARTY. REPUBLICAN PARTY. P.CPLE'S PARTY.
For Governor- For Governor- For Governor-
WM. GOEBEL ....... W. S. TAYLOR ..... JOHNG. BLAIR ...j

For Lieutenant Governor- For Lieutenant Governor- For Lieatenant Governor-
.T. C. BECKHAM .... JOHN MARSHALL ................. .....-

(and continuing in like manner as to all candidates to be voted
for at such elections).
Name of voter .......... Consecutive number .
The secondary stub shall be on the end of the ballot oppo-
site to that of the several party devices.
On the back shall be printed "official ballot," the date of
the election and fac simile of the signature of the clerk who

has caused the ballot to be printed. Should any elector de-
sire to vote for each and every candidate of one party he shall
make a cross markl (X) in the circle under the device of said
party, and the vote shall be-counted for all the candidates un-
der said device: Provided, however, if a cross mark 4X) be
made in the circle under a party (evice and a cross mark (X)
be also made after one or more candidates of a different
party, or parties, the vote shall be counted for the candidates
so marked, and not for the candidates for the samne offices of
the party so marked, but the vote shall be counted for the
other candidates of saidl party.

PAPER FOR BALLOTS.

Sec. 5. All ballots shall be printed on plain white paper,
sufficiently thick that the printing can not be distinguished
from the back, which paper shall be of No. 1 white book paper,
and when 26 by 40 inches shall weigh eighty pounds to the
ream, or if double cap forty pounds to the ream; and, except
in elections for a municipal office, shall be furnished to the
County Court Clerk by the Secretary of State, and it shall be
the duty of the County (Clerk to notify the Secretary of State
thirtv days before the day of the election of the size and the
uniuber of ballots which shall be necessary for said county,
estimating 50 per cent. more to the precinct than there were
ballots cast at the last preceding State election, and the Sec-
retarv of State shall furnish the paper as herein provided
within ten days after said notification by the County Court
(Cerk. If upon anv ticket there be no candidate or candidates
for a designated office a blank space equal to the space that
would be occupied by such name or names, if they+ were
printed thereon, with the blank spaces herein provided for
shall be left. Should the Secretary of State fail or refuse to
so furnish said paper for the ballots, le shall be guilty of a mi-
demeanor, and upon trial and conviction by indictment in
Franklin Circuit Court, be fined not less than one thousand
i1,000) dollars and not more than five thousand (5,000) dol-
lars, in the discretion of the jury.
Provided: That in the year 1900 the notice herein provided
for to be given to the Secretary of State by the County Court
Clerk shall not be given, but immediately after the passage of
6

this act, and at least fifteen (15) (lays before the day of the
next ensuing election the Secretary of State shall furnish to
the various County Court Clerks the paper upon which the
ballots shall be printed, which shall be of the quality as herein
provided, and each county shall be furnished 50 per cent.
nore ballots than were cast in the respective counties at the
last preceding State election.
Provided, however: That the clerks of the various counties
of the State shall furnish the paper of the kind and weight
as herein provided for the ballots in the year 1900, if the Sec-
retary of State does not furnish same twelve (12) days before
the day of the next ensuing election.
Said clerk shall be subject to the same penalties prescribed
for failure to print on paper furnished by the Secretary of
State if he fails to have ballots printed on the kind and qual-
ity of paper as set out herein.

PENALTIES.

Sec. 6. If any County Court Clerk shall refuse or fail to
have ballots, which are herein required to be printed on paper
furnished by the Secretary of State, printed upon paper so fur-
nished by said Secretary, he shall be fined five hundred dol-
lars, or imprisoned in the county jail for six months, or both
so fined and imprisoned.
Sec. 7. If any election'officer at any precinct shall refuse
to permit any challenger or inspector of any regular political
party having ticket to be voted for at the election, who has
been dulv appointed and presents a certificate thereof duly at-
tested, to perform his duties as challenger or inspector, as the
case may be, he shall be fined not less than fifty nor more than
five hundred dollars.
Sec. 8. The officer who furnishes the ballots to the election
officers of the precincts shall, at the time he delivers said bal-
lots, furnish to the election officers aforesaid a number of
copies of the following oath, equal to 5 per cent. of the ballots
furnished said precinct, which shall be printed on paper suit-
able for writing with ink, to-wit:
"State of Kentucky, County of ...................... ss.:
"I do solemnly swear that I am of the age of not less than
7

twenty-one years; that I have resided in the State of Ken-
tucky one year and in the county of ........ six months, and
in precinct -No ............. sixty days next preceding the .
........ election, A. D. 19 I reside at No.
street (if said person claims to reside in a city.) My two near-
est neighbors are ............. and that I have never been
convicted in any court of treason, or of any felony or bribery
and not pardoned therefor, and that I know of no legal dis-
(qualification which should prevent my vote from being cast
and counted at this election.
"This the ............. day of ....., A. D. 19.
........... ..................................................................................................
"Subscribed and sworn to before me this the .....day of...
A. D. 19...
........ ........
"Judge of the Election."

QUALIFICATION OF VOTERS.
Whenever the officers of election disagree as to the quali-
fication of any one who offers to vote, one of the judges of
the election shall administer the oath prescribed in the form
set out in this section, and shall correctly fill out with ink the
blanks in, and require the person offering to vote to sub-
scribe his name thereto, with pen and ink, and upon his fail-
ure or refusal to take said oath and to subscribe his name
thereto, the person so offering to vote shall not be permitted
to vote. If the person offering does take said oath and
subscribe his name thereto and no counter affidavit is filed,
he shall be permitted to vote, and one of the judges shall cer-
tify the same, and the oath so subscribed and certified shall
be returned to the County Clerk of the county with the poll
books, who shall safely keep the same, and shall deliver the
same to the foreman of the grand jury on the first day of the
next term of the Circuit Court held in said county, and for his
failure to do so he shall be fined not less than ten nor more
than one hundred dollars.
It shall be the duty of the Commonwealth's Attorney and
Countv Attorney to investigate each of these certificates and
cause to be summoned before the grand jury such witnesses
as they, or either of them, shall determine proper, and it shall
be the duty of the grand jiirv to make a thorough investiga-
8

tion of all votes so cast, and return indictments against all
persons so illegally voting.
Any person who shall falsely take the oath prescribed in
this section, or shall subscribe his name to the oath therein
prescribed, if said oath shall be false and untrue as to any
statement therein; shall be deemed guilty of felony, and shall,
on conviction, be confined in the penitentiary not less than
two nor more than ten years.
It shall be the duty of the foreman of the grand jury to
return all the certificates upon which no indictments shall
be found to the County Clerk, who shall safely keep the same
as a part of the records of the office, and shall produce them,
or any of them, when required, to any subsequent grand jury.
Any election officer who shall fail or refuse to perform any
of the duties imposed by this section shall, upon conviction,
be fined not less than fifty nor more than two hundred and
fifty dollars, or be confined in the county jail not less than
thirty days nor more than six months, or be both fined and im-
prisoned in the discretion of the jury.

DITTIES OF THE CLERK.

Se.c 9. It shall be the duty of the County Court Clerk to cause
to be printed, bound and ready for distribution one book of
stubs and ballots for each voting precinct in his county, an(d
shall furnish 50 per cent. more ballots for each precinct than
there were votes cast in said precinct at the last State or
national election. He shall also have made for each voting
precinct in his county one metal stamp at least one inch in
diameter, which shall be known as the county election seal.
It shall have upon it the word "election" straight across the
center; the name of his county around the circle inside the
rim above the word "election," and the name of the precinct
for which it is made around the circle inside the rim below the
word "election," together with one stick of best sealing wax,
such as is used by the United States Government and by ex-
press companies for sealing packages containing money. He
shall also have made for each precinct in his county one ad-
justable linen envelope sufficiently large to hold all the ballots
that may be voted at such precinct, with a gummed seal on
the back thereof, and a place on the point of the seal for the
9

county election seal. He shall also have made ofie linen en-
velope for the purpose of holding the tally sheet, with a
gummed seal on the back thereof, and a place on the point
of the seal for the county election seal. He shall also have
made one adjustable linen envelope sufficiently large to hold
all the ballots of which there is any doubt or difference
of opinion in the minds of the judges concerning their legality
or regularity. He shall deliver said ballot book and ballots,
together with the election seal for the different precincts and
the two large and one small linen envelopes for holding the
ballots and tally sheet, and all necessary black ink, stencils,
sample ballots and cards of instruction as herein provided, to
the clerks of such precincts and take their receipts for the
same. One of such ink stencils shall be safely placed in the
booth, the other preserved by the clerk, to be used in case any
are lost, stolen or destroyed. Should any person steal or will-
fully destroy either of said stencils, or any of the election sup-
plies required to be furnished herewith, he shall, upon coln-
viction, be fined not less than fifty dollars nor more than two
hundred dollars, and be confined in the couinty jail not less
than one nor more than six months.

PRESEIlVATION-N OF BALLOTS.

Sec. 10. WAs soon as the polls are closed on the day of the elec-
tion, and without adjournment or separation of the officers,
they shall, in the voting room, open the ballot box and imme-
diately count the ballots and make a tally sheet of the count.
Wihen the result of the ballot is ascertained it shall be imme-
diately announced by one of the judges in front of the voting
room. All the ballots which have been counted, and over
which there is no question of regularity, shall consecutively
be placed on a string, to be furnished by the County Court
Clerk, as near as possible in the middle of the ballot, and
when the count is completed the ballots so strung shall be
wrapped twice around each way with the string upon which
the ballots are strung, and tied in a hard bow knot, and the
knot shall then be sealed with sealing wax, and stamped with
the county election seal by the judges of the election, in the
presence of the clerk and sheriff, while the wax is hot, so as
10

that the impression of the county election seal can be plainly
read. Provided: That if there are any ballots cast and
counted or left uncounted, concerning the legality or regular-
ity of which there is any doubt or difference of opinion in the
minds of the judges of the election, said ballots shall be placed
in the large linen envelope furnished by the County Court
Clerk for that purpose, and sealed up, and across the seal
thereof the officers of the election shall plainly write their
names, and at the point of the seal indicated for that purpose
the judges of the election shall, in the presence of the clerk
and sheriff, place the county election seal in hot wax, as above
described, so that it can plainly be read, and the same shall be
returned to the Clerk of the (,ountv Court with the returns of
the election, for such judicial or other investigation, as may
be necessary, with a true statement as to whether they have
or have not been counted, and if counted what part and for
whom. The tally sheet shall be placed in the linen envelope
furnished for that purpose and sealed up separately, and
across the seal thereof the judges of the election shall plainly
write their names, and at the point of the seal indicated for
that purpose the judges of the election shall, in the presence
of the clerk and the sheriff, place with wax, as above required,
the county election seal. After the certificatesl have been pre-
pared and signed and delivere(l as required by law, by the offi
cers of election, then the ballots that h1a)e been counted and
tied and sealed, as above require(l (and none other), together
wvith the tally sheet, after it has been stamped and sealed, as
above required,shiall all be placed in the large adjustable linen
envelope prepared and furnished for that purpose, then the
sai(l envelope shall be sealed and across the seal thereof the
officers of the election shall each write his name in a plain
and legible hand and the judges shall, in the presence of the
clerk and sheriff, at the point on the seal of said envelope indi-
eated for that purpose, place the county election seal in hot
wax, as above described, so that it can be plainly read, and the
envelope so sealed shall then be placed in the ballot box and
securely locked with the two locks hereinbefore required to be
furnished, and the keys to said ballot box, and the county elec-
tion seal shall then be placed in the possession of the judge of
the opposite political faith to that of the sheriff of election, and
the sheriff of the election shall then take possession of said bal-
11

lot box containing the ballots and tally sheet, and also take
possession of the stub books containing the certificate of elec-
tion and the envelopes containing the spoiled and mutilated
and uncounted and questioned ballots. And the judge of elec-
tion holding the keys to the ballot box and county election
seal shall go with and accompany the sheriff of election, with-
in two days thereafter, for which he shall receive the same
compensation as the sheriff of election now receives by law
for delivering the poll books and election returns to the
County Court Clerk's office, and shall, in the presence of each
other, deliver to the County Court Clerk the ballot box and the
poll books, certificates and the envelope containing the
spoiled, mutilated and questioned ballots, and the keys to the
ballot box, together with the county election seal, and the
Countv Court Clerk shall then and there, in the presence of
the said sheriff and judge, unlock the ballot box and ascertain
if the package containing the ballots and tally sheet is prop-
erly sealed, according to the requirements herein, and if it
is he shall then issue his receipt in duplicate for said ballot
box and ballots, one to the sheriff and one to the judge, which
shall be in form as follows, or as near as can be to conform to
the facts:

FORM OF RECEIPTS.

Received of ........., sheriff of election for
.... ... precinct, the ballot-box, and of ............-
jud e of the election of said precinct, the kevs to said ballot-
box and the county- election seal for said precinct. I hereby
certify that I find upon examination, in the presence of said
officers, that the package in said box is properly sealed and
stamped, according to law; that I have replaced said pack-
age in said ballot-box and relocked the same, and delivered to
each of them a key to said ballot-box, and to the judge of the
election, the county seal of election, and taken their receipt for
same.
The clerk, after having satisfied himself as to the condition
of said ballots, shall again replace said ballots in the ballot-
box and relock said box in the presence of the judge and
sheriff, and then and there deliver to each of them a key to
said box, and the seal of election to the judge who gave it to

him, and take their receipt therefor. The form of receipt
shall be, as near as can be to conform with the facts, as fol-
lows:
Received of ................. Clerk of .
County Court, one key each to the ballot-box that has been
delivered to him this day by ............... sheriff of election
in .precinct .county, Kentucky, after
having first seen him unlock said ballot-box and examine the
package therein, and, finding it to be sealed and stamped ac-
cording to law, and that we saw him replace said package
in said ballot-box and relock the same and .................
judge of election, hereby acknowledges receipt of the county
election seal for his precin(t this ....... day of ...., 1900.

Judge of ... Precinct.
............. I...................
Sheriff of ... Precinct.

SHALL BE KEPT SIX MONTHS.

The judge and sheriff shall retain said keys for the period
of six months, at which time, if there has not been a contest
filed,thentheyshalldeliversaid keys to the County Court Clerk,
together with the county election seal, and it shall be his duty
to destroy said ballots: Provided, however, if there be a con-
test filed, then the judge and sheriff of the different precincts,
who hold the keys to the ballot-box of their respective pre-
cincts, shall, upon notice of the filing of the contest, deliver
the keys to the Judge of the court having jurisdiction to try
the contest, and the officer so holding the county election seal
shall then deliver the same to the County Court Clerk.
Sec. 11. At the close of the polls, and before the ballot-
box is open, the officers of election shall count the remaining
ballots that have not been used and tear them from the book
and destroy them by burning, and in their certificate of the
result of the election they shall certify how many ballots were
not used and destroyed.

PENALTIES PRESCRIBED.

Sec. 12. Any officer of the election who shall knowingly
and willfully give or certify to an improper certificate of the
election as herein required, or shall mutilate or tamper with
any of the seals, or destroy or remove any of the ballots re-
quired to be preserved herein, shall be guilty of felony, and
upon conviction thereof shall be confined in the penitentiary
for a period of not less than one nor more than three years.
Sec. 13. Any County Court Clerk who shall knowingly and
willfully unlock or break open and remove or destroy, or in
any way tamper with a ballot box and ballots left in his care
and custody, or permit any other person to do so during the
period of six months which they are so required to remain in
his office, or until they are removed from his office by order of
the court hearing any contest, shall forfeit his office and be
deemed guilty of a felony, and upon conviction thereof shall
be confined in the penitentiary not less than one nor more
than three years.
Sec. 14. Any person or persons who shall in any way re-
move, mutilate or destroy, or add any new ballots to, the
regular ballots that have been counted and prepared for pres-
ervation, or have already been preserved, as required herein,
so that the result of the election in such precinct or county is
changed thereby, shall, upon conviction, be deemed guilty of
a felony and confined in the penitentiary for not less than one
nor more than three years.
Sec. 15. Any person or persons who shall unlawfully at-
tempt to prevent, or prevent, any voter from casting his ballot,
or shall attempt to, or intimidate, any person or voter so as
to prevent him from casting his ballot, or who shall unlaw-
fully interfere with the officers of election in the discharge
of their duties as such, shall be deemed guilty of a felony, and,
upon conviction, be confined in the penitentiary for a period of
years, of not less than one nor more than five years, for each
offense. The fact that the person or persons so offending
may be an officer or officers of the Federal Government, or of
the State or anv district, county, town or city thereof, or of
election, shall not relieve them of the responsibility or penalty
for the violation of this section.

All acts or parts of acts in conflict with this act are, to the
extent of such conflict, hereby repealed.
Sec. 16. Because of the dissatisfaction that now exists
against the present election law in this Commonwealth, and
that it is desirous and necessary that the coming election in
November be held under the provisions of this act, there is
an emergency that this act take immediate effect, and this
act shall take effect and be in force upon its approval by the
Governor.

1 I

b98-61-43711013
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Amendments to the state election laws of Kentucky .
Kentucky.

Secretary of State],
[Frankfort, Ky. :
1900.

15 p. : ill. ; 26 cm.
Coleman
Caption title.
"House Bill, no. 19."
Microfilm. Atlanta, Ga. : SOLINET, 2000. 1 microfilm reel ; 35 mm. (SOLINET/ASERL Cooperative Microfilming Project (NEH PA-23166-98) ; SOL MN08695.04 KUK) s2000 gaun a
Printing Master B98-61.

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