GENERAL ELECTION

An Act relating to elections.

Approved March 12, 1873, 197

SECTION 1. A general election shall be held in the several election precincts in this state, on the Tuesday next after the first Monday of November, one thousand eight hundred and seventy-four, and every two years thereafter, at which there shall be chosen all such officers as are by law to be elected in such year, unless otherwise provided for.

See Const., sec. 373.

Justice of the peace, registry agent, sec. 4926.
Election of county commissioners, sec. 1531.

Recount, sec. 1513.

Board of county commissioners to canvass returns, sec. 1513.

District judge to canvass returns of legislators and commissioners, sec. 1513.

An election can only be held by virtue of some constitutional provision or legal enactment, either expressly or by direct implication authorizing that particular election. Sawyer v. Haydon, 1 Nev. 75.

An election cannot be held at a time not fixed by law for such election. Daggett v. Collins, 2 Nev. 351.

An election for removal of county-seat must be held within fifty days after petition. Hess v. Washoe County, 6 Nev. 104.

Where the attorney-general refuses to

bring an action against any person he has reason to believe unlawfully holds a state office, a person claiming an election to such office may, by leave of court, bring quo warranto on his own relation where he has no other remedy.

Quo warranto is the only remedy a person, who may be duly elected to a state office, has to oust one unlawfully holding the same, and have himself instituted. State ex rel. McMillan v. Sadler, 25 Nev. 131, 165 (58 P. 284, 59 P. 546, 63 P. 128).

1768. Precincts, how, when and where established-Inspectors of elec tion-How appointed and notified.

SEC. 2. It shall be the duty of the boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate and abolish the same as public convenience or necessity may require; provided: First-That no new precinct shall be established except upon the petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling-place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said. precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling-place or precinct. Second-That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding an election therein shall be given. Third-All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections are given, shall be entitled to register and vote in the election precinct having a polling-place nearest their residence, by the usual traveled route. FourthThat no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county. unless there shall have been polled, at said voting place, at the next preceding general election, not less than fifty votes. It shall also be the duty of said boards of commissioners, at their first regular meeting in October preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons, possessing the qualifications of electors (who shall not all be of the same political party), to act as inspectors of elections at each election precinct; and the clerk of said boards shall forthwith make and deliver to said inspectors personally, notice thereof in writing, or deposit the same in the postoffice, registered, and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors is appointed, and it shall be the duty of said registry agents. within ten days after the receipt thereof, to serve the same upon each of said inspectors of elections. As amended, Stats. 1875, 59; 1885, 21.

Where a new polling place is carved out of the territory of an established election precinct after all the electors residing therein have been properly registered, it is the duty of the registry agent to prepare a duly certified check list of the electors registered by him, residing within the limits of the new polling place, and deliver the same to the inspectors thereof. Stinson v. Sweeney, 17 Nev. 310, 316 (30 P. 997).

The provision of this section that inspectors and clerks of election "shall not be appointed from the same political party" is directory, and noncompliance therewith, in the absence of fraud, is not sufficient ground for rejecting the vote of a county or preeinet. State ex rel. McMillan v. Sadler. 25 Nev. 131, 166, 176 (55 P. 284, 59 P. 546, 63 P. 128).

It is only those provisions of the election

law relating to time and place of holding elections, the qualifications of voters and such others as are made essential prerequi

sites to the validity of an election, that are mandatory. Idem.

1769. Poll-books and supplies, how furnished and distributed.

SEC. 3. It shall be the duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll-books and all other supplies required to be provided by said board for the inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballotboxes and keys, the official ballots, the sample ballots and the printed instructions which he is required to give for the guidance of voters for obtaining and marking their ballots, and the sheriff shall deliver said poll-books, supplies, ballot-boxes and keys, and said official ballots, sample ballots and printed instructions altogether to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election. As amended, Stats. 1899, 107.

1770. Notice of election sent by clerk-Form of notice.

SEC. 4. The several boards of county commissioners shall cause their clerks at least twenty (20) days before any general election and at least fifteen (15) days before any special election, to make out, and send by mail to the respective registry agents of their counties, three (3) written or printed notices for the election, to be, as nearly as circumstances will admit, as follows: Notice is hereby given that on the first Tuesday, the day of next, at the house of

, in the county of

(in city, town, district or precinct) of , an election will be held for state, county, district, town or township officers (naming the offices to be filled, as the case may be), which election shall be opened not later than 8 o'clock a. m., and shall continue until 6 o'clock p. m. of the same day. Dated this day of (Signed) A. B., Clerk of the Board of County Commissioners. As amended, Stats. 1899, 108. Cited, State ex rel. Perry v. Arrington, 18 Nev. 413 (4 P. 735). Cited, State ex rel. Winnie v. Stoddard, 25 Nev. 456 (62 P. 237).

A. D.

1771. Notice of election posted.

SEC. 5. The respective registry agents, to whom such notice shall be delivered, shall put up in three of the most public places of each precinct the notices referring to such precincts at least fifteen days previous to the time of holding any general election, and at least eight days previous to the time of holding any special election; one of said notices to be posted at the house where the election is authorized to be held, and the others at two of the most public and suitable places in the precinct. As amended, Stats. 1899, 108. 1772. Inspectors to notify board of unwillingness to serve Failure to notify-Penalty.

SEC. 6. If in any precinct any of such inspectors are unwilling to serve as inspectors, they shall notify the board of county commissioners thereof, within five days after the receipt of the notice of their appointment, who shall immediately appoint some suitable person to fill the vacancy and to serve at such election. A failure to notify the board of county commissioners of an unwillingness to serve as an inspector, as herein provided, shall subject the person to a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered by said board of county commissioners, for the use of the county, before any justice of the peace of such county. If, through any accident, sickness, or inability, on the day of election, of such inspectors, or any one thereof, to serve, the inspector or inspectors present on the morning of the election may appoint some suitable person to fill the vacancy.

1773. Inspectors to appoint clerks-Term of service.

SEC. 7. The said inspectors shall choose two persons having similar qualifications with themselves to act as clerks of the election. The said inspectors shall be and continue inspectors of all elections of civil officers to be held at their respective precincts, until other inspectors shall be appointed as hereinbefore directed; and the said clerks of election may continue to act as such during the pleasure of the inspectors of election.

McMillan v. Sadler, 25 Nev. 131.

1774. Oath to be taken by inspectors and clerks.

SEC. 8. Previous to votes being taken the inspectors and clerks of election shall, severally, take the prescribed official oath, and, in addition thereto, an oath or affirmation in the following form, to wit: "I, A. B., do solemnly swear (or affirm, as the case may be) that I will perform the duties of inspector (or clerk as the case may be) of the election to be held this day, according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in any manner, in conducting the same. So help me God (or, if an affirmation, under the pains and penal

ties of perjury).

1775. Inspectors may administer oaths.

SEC. 9. In case there shall be no judge or justice of the peace present at the opening of the election, or in case such judge or justice shall be appointed inspector or clerk of the election, they are hereby empowered to administer the oath or affirmation to each other, and to the clerks of the election, and the person administering the oath or affirmation shall cause an entry thereof to be made and subscribed by him in the poll-books.

1776. Opening and closing polls-Adjournment.

SEC. 10. At all elections to be held under this act, the polls shall be opened at the hour of eight o'clock in the forenoon, and continue open until six o'clock in the afternoon of the same day, at which time the polls shall be closed; and, upon opening the polls, one of the clerks, under the direction of the inspectors shall make proclamation of the same; and thirty minutes before closing of the polls, proclamation shall be made in like manner, that the polls will be closed in half an hour; but the board may, in their discretion, adjourn the polls for one hour at any time they may think proper during the day, before four o'clock in the afternoon, proclamation of the same being made.

1777. Ballot-box, how provided and kept.

SEC. 11. There shall be provided and kept by the county commissioners of each county, at the expense of the county, a suitable ballot-box, with a lock and key, and furnish the same to the inspectors of each election precinct or district within their county.

1778. Ballot-box, form and care of.

SEC. 12. There shall be an opening through the lid of each box of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot-box shall be carefully examined by the inspectors of election, that nothing may remain therein; it shall then be locked and the key thereof delivered to one of the inspectors, to be designated by the majority thereof, and shall not be opened during the election except in the manner and for the purposes hereinafter mentioned.

1779. Ballots; form, color and size.

SEC. 13. Every elector shall, in full view, deliver to one of the inspectors of the election a single ballot or piece of paper, on which shall be written or

printed the names of the persons voted for, with a pertinent designation of the offices to which each person so named is intended by him to be chosen. Said ballot may be open or folded, as the voter may choose, and the said ballot shall, in color, size, form, and texture, conform to the requirements set forth in the proclamation of the county commissioners of each county; and further, that said ballot or ticket shall be free from marks, characters, or device or thing that would enable any person to distinguish by the back, or when folded, from any other legal ticket or ballot.

The ballots are required to be printed on tinted watermarked paper, furnished by secretary of state, for general elections, sec. 1843, and on white watermarked paper, furnished by him, for primary elections, sec. 1747.

1780. Manner of voting-Must be registered to vote-Answer under oath. SEC. 14. It shall be the duty of the board of county commissioners at the time of issuing their election proclamation, as provided in section 4 of this act, which shall be a part of the said proclamation, to designate fully the color, size, form and texture of all ballots to be used at the ensuing election. Said ballot shall be of sufficient width to allow names to be written thereon. It shall be the duty of the inspectors of election at each poll, at every election, to have before them a certified copy of the register of voters of the precinct or district for which they are the inspectors provided by law; and the inspector to whom any ticket may be delivered, shall, upon receipt thereof, pronounce with an audible voice the name of the person offering to vote, and another one of the inspectors shall examine the certified copy of the register; and if the name of the person is found thereon, his ticket shall immediately be put in the ballot-box without being inspected, if it be a folded ballot. The name of the elector shall then be checked on the certified copy of the register, and the clerks of election shall enter his name and number in the poll-book. No person shall be permitted to vote whose name is not on the register, and who shall refuse to comply with the requirements of section 13 of this act. Said register shall be to said inspectors of election conclusive evidence of the right of the person to vote whose name appears upon the same; provided, that said inspectors of election may require any person to give true answers under oath or affirmation, to all such questions as they may desire to ask touching the identity of the person with the name in or under which he may wish to vote; provided, that in all cases said ballots shall be printed on a good quality of white book paper.

See note under last preceding section, and see secs. 1833 and 1840.
Sees. 1731 and 1825 provide for oath and identification of voter.
Regarding ballots for primary elections, see sec. 1747.

Sec. 1851.

Under sec. 1714 certain electors may vote upon presentation of certificate and affidavit without being upon the register.

1781. Poll-lists to correspond.

SEC. 15. At each adjournment of the polls, the clerks shall, in the presence of the inspectors, compare their respective poll-lists, compute and set down the number of votes, and correct all mistakes that may be discovered, according to the decision of a majority of the inspectors, until such poll-lists shall be made in all respects to correspond.

1782. Care of ballot-box and poll-books.

SEC. 16. The ballot-box shall then be opened and the poll-books placed therein; and such box shall then be locked, and a covering, which shall be indorsed by one of the inspectors, sealed or pasted over the opening in the lid of the said box so as to entirely cover the same, and the key delivered to another of the inspectors, and the box to a third, to be designated by a majority of the inspectors.