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order, showing the regiment, battalion, squadron, battery and company, or other division to which each elector belongs, also the county and precinct in which he is entitled to vote.

The state constitution provides that the right of suffrage shall be enjoyed by all persons otherwise entitled to the same who may be in the military or naval service of the United States, sec. 252.

1888. Certified copies to be transmitted to commanding officer.

SEC. 2. The secretary of state shall immediately transmit duly certified copies of such proper lists to the commanding officer of each said organizations of which electors may be members.

1889. Manner of taking votes of volunteers.

SEC. 3. Between the hours of eight o'clock a. m. and six o'clock p. m. on the day of election, a ballot-box, or other suitable receptacle, shall be opened under the immediate charge and supervision of the three officers highest in command, for the reception of votes from the electors whose names are upon said lists, at each place where a regiment, battalion, squadron, battery, company or other division of soldiers from this state in the military service of the United States may be on that day, at which time and place said electors shall be entitled to vote for all officers, for which by reason of their residence in the several counties of this state, they are entitled to vote, as fully as they would be entitled to vote if present in the respective counties and precincts of their residence; and the votes so given by such electors, at such time and place, shall be considered taken, held, canvassed and counted by the respective canvassing boards of election in this state as if they had been given by them in the respective counties and precincts in and of which they were qualified electors at the time of their enlistment.

1890. Ballot to be official-Board of officers to count the votes-Form of certificate.

SEC. 4. The ballot to be cast by such electors shall be the official ballot provided by law. The name of each elector voting as aforesaid shall be checked at the time of voting, by one of said officers in charge of the ballotbox, upon said list. The said officers having charge of the said election shall proceed to count the votes and compare the numbers with the checked lists immediately after the close of the polls, and on completing the count the said officers shall make and sign a return or certificate of the result, in substance as follows, to wit:

Return of soldiers' vote in the (here insert the regiment or other command as the case may be). We, the undersigned (here insert rank and command), do hereby certify that on the the electors belonging

day of

to our said command cast the following number of votes for the several persons and the officers herein named, to wit:

For governor (here name each person voted for for governor, to the number of votes each received, written in full, also in figures, against and following the name of each person). For lieutenant-governor (here insert names of all voted for, number of votes for each, written in full, also in figures, against and following the name of such person), and so continue until the list is completed. Witness our hands this day of....

A. B. (with rank and command).
C. D. (same).
E. F. (same).

1891. Transmission and receipt of returns-Canvassing of.

SEC. 5. All the ballots cast, together with the said voting lists, checked as aforesaid, and said return, shall be immediately sealed up and sent forthwith by the commanding officer to the secretary of state at the seat of gov

ernment, on receipt of which the secretary of state shall, in the presence of the chief justice of the supreme court, open said returns and immediately certify to the board of county commissioners of the proper county the soldier vote of such county for the various officers as returned to him, and such board of county commissioners shall canvass and count such vote, as soon as practicable after receiving the same.

1892. State and district officers.

SEC. 6. For state and district officers the said returns shall be canvassed by the state board of canvassers.

Const. 297.

1893. Secretary of state to furnish necessary ballots and supplies.

SEC. 7. The secretary of state is hereby required to furnish, prepare and have printed the necessary ballots, and if he is not in possession of the names of the candidates for county and township officers, said names may be omitted from the ballot. He shall also furnish each commanding officer the necessary check and poll-lists, together with the proper and sufficient blanks for said returns and all necessary instructions for the taking of the votes in their respective commands.

An Act limiting the time in which proceedings for contesting the election of any officer may be begun.

[Secs. 1 and 2 are repealed.]

See sec. 5821.

Approved March 25, 1903, 219

1894. When time begins to run.

SEC. 3. Delays arising from any cause tending to prevent the obtaining of evidence upon which a contest is brought shall not cause such contest to fail, but the time provided in this act shall begin to run only from the day when such evidence may be freely available to the person contesting the election of another, and from and after the passage of this act.

See sec. 1805.

1895. When demand for recount must be made.

SEC. 4. Demands for recounts must be made within sixty days from the day of election, or after the passage of this act if the recount is to be had of votes cast at the last general election preceding the passage of this act.

See sec. 1805.

ELECTION OF UNITED STATES SENATOR

An Act to secure the election of United States senator in accordance with the will of the people and the choice of the electors of the state, and to obtain an expression of such choice, and to prevent fraud and official dereliction of duty in connection with such election.

Approved March 14, 1899, 86

1896. Candidates nominated, how.
1897. Certificates of nomination filed with
the secretary of state-Ballot, how
prepared.

1896. Candidates nominated, how.

1898. Candidates to be submitted at general election Secretary of state to transmit result of official canvass to the legislature.

1899. Not to apply to vacancies, when. 1900. No reward used in aid of candidates.

SECTION 1. At the general election next preceding the expiration of the time for which any United States senator was elected or appointed to represent the State of Nevada in Congress, candidates for the choice of the electors of this state for United States senator may be nominated in the same

manner as provided by law for the nomination of state officers, and they may be nominated either by certificate of nomination, by a party convention, or under the provisions of any direct primary law which may now or hereafter be enacted, or by certificate of nomination signed by electors equal to ten per cent of the entire vote cast at the preceding election. As amended, Stats. 1909, 158.

See sec. 1737.

1897. Certificate of nomination filed with the secretary of state-Ballot, how prepared.

SEC. 2. Such certificates of nomination shall be filed with the secretary of state, who shall certify the names of all candidates as shown therein to the various county clerks as now required by law in case of candidates for state offices, and the several county clerks in preparing the ballots to be voted at any such general election shall place thereon the names of all such candidates under the words "Choice for United States Senator, vote for one," and there shall be a margin at the right-hand side of these names, at least onehalf inch wide, where the voter may indicate his choice of said candidates by making a cross or X.

See secs. 1840, 1844.

1898. Candidates to be submitted at general election-Secretary of state to transmit result of official canvass to the legislature.

SEC. 3. The names of all candidates so nominated shall be submitted to the electors of the state for them to express their choice at every such general election, and the vote upon such choice shall be taken, returned, canvassed and certified by the same authority and in the same way as the vote for state officers is taken, canvassed, returned and certified, and in manner and form complying with the requirements and provisions of an act relating to elections and to more fully secure the secrecy of the ballot, approved March 13, 1891, and of the various acts amendatory thereof and supplementary thereto, and the secretary of state shall, within five days after the convening of the next session of the legislature following any such election, transmit to each branch thereof the result of the official canvass of the vote upon said choice and candidates.

1899. Not to apply to vacancies, when.

SEC. 4. The provisions of this act shall not apply to the filling of any vacancy in the office of United States senator which may occur by death, resignation or removal between the date sixty days prior to any general election and the adjournment of the next session of the legislature.

1900. No reward used in aid of candidate.

SEC. 5. No person shall, either in aid of his own candidacy or election, or in aid of the candidacy or election of any other person for the choice of the electors for United States senator, give, pay, expend or promise any money or reward to any one whomsoever.

STATUTES OF THE UNITED STATES RELATIVE TO ELECTION OF UNITED

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SEC. 14. The legislature of each state which is chosen next preceding the

expiration of the time for which any senator was elected to represent such state in Congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in Congress.

Nevada Const. 292.

1902. Mode of election.

SEC. 15. Such election shall be conducted in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for senator in Congress from such state, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof; or if either house fails to give such majority to any person on that day, the fact shall be entered on the journal. At twelve o'clock meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But if the same person has not received a majority of the votes in each house, or if either house has failed to take proceedings as required by this section, the joint assembly shall then proceed to choose by viva voce vote of each member present, a person for senator, and the person who receives a majority of all the votes of the joint assembly. a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a senator is elected.

1903. Vacancy occurring before meeting of legislature, how filled.

SEC. 16. Whenever on the meeting of the legislature of any state a vacancy exists in the representation of such state in the senate, the legislature shall proceed, on the second Tuesday after meeting and organization, to elect a person to fill such vacancy, in the manner prescribed in the preceding section for the election of a senator for a full term.

1904. Vacancy during session of legislature, how filled.

SEC. 17. Whenever during the session of the legislature of any state a vacancy occurs in the representation of such state in the senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the legislature has organized and has notice of such vacancy.

1905. Election of senators certified.

SEC. 18. It shall be the duty of the executive of the state from which any senator has been chosen, to certify his election, under the seal of the state. to the president of the senate of the United States.

1906. Countersign of certificate.

SEC. 19. The certificate mentioned in the preceding section shall be countersigned by the secretary of state of the state.

An Act prescribing the manner of electing United States Senators.

1907. Elections, when held.

Approved March 7, 1865, 238

1908. Joint convention to proceed to elect. 1909. How held-Voting viva voce-Majority necessary to elect.

1910. Absence of majority causes adjournment until next day.

1911. When governor shall convene joint convention.

1912. Presiding officer.

1913. Certificate of election.

1914. Temporary appointment, how made and transmitted.

1907. Elections, when held.

SECTION 1. All regular elections of United States senators for this state shall be held at the regular session of the legislature which convenes next preceding the commencement of the term which is to be filled. All special elections shall be held by the legislature in session at the time any vacancy or vacancies may occur in such senatorial representation, or at the succeeding session of the legislature which may convene after the occurrence of such vacancy.

Nevada Const. sec. 292; U. S. Const. sec. 93.

1908. Joint convention to proceed to elect.

SEC. 2. Whenever an election is to be held for a United States senator, in pursuance of the constitution of the United States, the senate and assembly shall, within twenty days after the commencement of the session of the legislature, meet together in joint convention, in the assembly chamber, on such a day, and at such an hour, as may by joint or concurrent resolution of the two houses be agreed upon, and by joint vote proceed to such election; and until an election is had, such joint convention may adjourn from time to time as may be determined by a majority of the members comprising such joint convention, upon a vote to be taken by "ayes and noes."

1909. How held-Voting viva voce-Majority necessary to elect.

SEC. 3. At all such elections the voting shall be viva voce, and a majority of all the votes given shall be necessary to elect a senator.

Const. sec. 254.

1910. Absence of majority causes adjournment until next day.

SEC. 4. The joint convention shall do no act, except to adjourn, during the absence of a majority of all the members-elect of either the senate or assembly; and the withdrawal or absence of such majority shall cause an adjournment of such joint convention until the succeeding legislative day, at twelve (12) m.

1911. When governor shall convene joint convention.

SEC. 5. If the legislature shall, at any time as herein provided, fail to unite in joint convention within twenty days after the commencement of the session of the legislature for the election of such senator, it shall be the duty of the governor of this state, by proclamation, to convene the senate and assembly in joint convention within not less than five days, nor exceeding ten days, from the publication of his proclamation for such purpose; and the joint convention, when so assembled, shall proceed to elect the senator or senators as herein provided.

1912. Presiding officer.

SEC. 6. At all sessions of such joint conventions the president of the senate, or, in his absence, the president pro tem. of such senate shall be the presiding officer.

1913. Certificate of election.

SEC. 7. When any such election is made, the presiding officer of the senate for the time being, and the speaker of the assembly, shall certify the same to the governor of the state, and he shall cause a credential thereof to be made out, with the great seal of state affixed thereto, certifying to such election and deliver or transmit the same to the person so elected.

1914. Temporary appointment, how made and transmitted.

SEC. 8. Whenever the executive of this state shall, by virtue of the constitution of the United States, make a temporary appointment of a senator,

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