party to select challenger to stand without election room

Judges to select

event of failure to select as

above

OF THE GENERAL ELECTION.

Each political accredit some suitable person as a challenger to stand without the door or entrance of the room in which the election is to be held, and by the side of the passage hereinbefore provided for; and in case of failure of any or all of the political parties to select such person or perInspectors and sons as challenger or challengers it shall be the duty of challenger in the Inspector and Judges to make such selection or selections, provided that the challengers may be exchanged and their places filled, in like manner during the day. The said challengers shall be peace officers of the State with the same powers for preserving the peace as the Inspectors of Election now have. Any person resisting such challenger or challengers shall be deemed guilty of a misdemeanor and upon conviction thereof by indictMisdemeanor ment shall be fined not more than one hundred dollars and may at the discretion of the Court be imprisoned for a term not exceeding one year. Such challengers shall be appointed by the respective County Committees of each of the political parties.

Challengers to cers of State

be peace offi

to resist a Challenger

Penalty

Definition of a

Section 3. A political party within the meaning of Political Party this Act shall be an organization of bona fide citizens and voters of any county in this State, which shall by means of a convention, primary election or otherwise, nominate candidates for public offices to be filled by the people at any general or special election within the State. No organization shall be regarded as a political party that does Must name 500 not represent at least five hundred bona fide citizens and in each county voters of the county in which it exists. If the Clerk of the Peace should have any doubt as to the sufficiency of the number of bona fide voters represented by any organization in any county, he may demand a certificate mi cert containing the signatures, and addresses of two hundred sufficient num- and fifty voters belonging to such an organization, as to that fact.

bona fide voters

Clerk of the.
Peace may

de

cation to show

ber

Clerks of the

Peace to print ballots

Section 4. The Clerks of the Peace for the several counties shall cause to be printed on the ballots herein

OF THE GENERAL ELECTION.

inees to be cer

of the Peace

provided for, the names of the candidates nominated by
the parties recognized by them as political parties within
the meaning of this act. The nomination of the condi-
dates for the office of Governor, Representative in Con- Names of nom-
gress and Presidential Electors and all other State offi-tified to Clerks
cers shall be certified to the several Clerks of the Peace by officers of
nominating
by the presiding officer and secretary of the several State Convention or
Committees
party conventions or committees, and the nominations of
the candidates for the county, hundred and district offi-
ces shall be certified to the respective Clerks of the Peace
of the county in and for which such nominations have
been made by the presiding officer and secretary of the
proper party convention or committee. The certificates
shall be in writing and shall contain the name of each
person nominated, his residence and the office for which Form of
he is nominated. The persons making such certificate
shall add to their signatures their respective places of
residence and shall acknowledge said certificate before
an officer duly authorized to take acknowledgments of
deeds, and a certificate of such acknowledgment shall be
affixed to the instrument.

certificate

designate title

as party device

be used uni

throughout

The No one device more more than

to be used by

The certificate shall also designate a title for the party Certificate to which such convention or committee represents together of party as well with any simple figure or device by which its list of candidates may be designated on the ballot. Provided that the figure, or title or device selected and designated by Party device to the State convention or committee of any party shall be formly used by that party throughout the State; only one figure the State or device shall be used by a party at any election. same title, figure or device shall not be used by than one party, and the party first certifying a name, title, figure or device to the Clerks of the Peace shall have device and the prior right to use the same. Such figure or device ed by Clerks of may be the figure of a star, an eagle, a plow, or some such in dispute appropriate symbol, but the coat of arms or seal of the United States State, or of the United States, or the flag of the United States, shall not be used as such figure or device.

one Party

Prior right to

title determin

the Peace when

and State seal,

coat of arms or

flags shall not be used as a party symbol

156

་་་

LAWS OF DELAWARE.

Death, resigna

tion or removal

In case of fac

in a Party the Clerks of the Peace to assem

the dispute or

symbol

Clerks of the

OF THE GENERAL ELECTION.

In case of death, resignation or removal of any candi of a candidate date subsequent to nomination a supplemental certificate of nomination may be filed by the proper officers of the State, county, district or hundred committees. In case tional division of a division in any party and claim by two or more factions to the same party name or title, figure or device, if ble and decide the division occurs at a State convention, or extends to name title, throughout the State, the Clerks of the Peace of the several counties shall, within ten days after any one of them has received the certificates of the contending factions, assemble in the office of the Clerk of the Peace at Dover and determine which faction the name, title or figure properly belongs to, giving the preference to the convention held at the time and place designated in the call of the regularly constituted party authorities; and if within five days thereafter the other faction shall present no other party name or title, figure or device and certify the same to the Clerks of the Peace the latter shall again immediately assemble and select some suitable title, figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certificate of the contending factions shall not be received by the Clerks of the Peace in time for them to asClerks of the semble at Dover before publishing the device and list of candidates in the newspapers, then and in that case each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for tl: other faction. Provided that in case of division in any when a county party extending only throughout a county, district or hundred, the Clerk of the Peace in the county in which such division occurs upon the receipt of certificates from the contending factions shall determine which faction is entitled to the party name, figure or device and to have their nominations printed in the proper party column, and should the other faction fail to do so the Clerk of

Peace to select

Party name,

title or device

Peace to decide individually when time is too short

Clerk of the
Peace to act

or district division takes

place

OF THE GENERAL ELECTION.

the Peace shall select for them a name or title, figure or device.

Peace to pre

icates of nomi

Section 5. The Clerks of the Peace of the several Clerks of the counties shall cause to be preserved in their respective serve all certifoffices all certificates of nominations filed under the pro- nations for six visions of this act for six months after the date of the filing thereof.

months.

nominations to days before

Section 6. Certificates of nominations herein directed Certificates of to be filed with the Clerks of the Peace shall be filed not be filed twenty less than twenty days before the day fixed by law for the election day election of the persons in nomination.

of nominees

election in

In cities having

parties to be

publication

Section 7. At least ten days before an election to fill To publish list any public office the Clerk of the Peace of each county ten days before shall cause to be published in at least two newspapers newspaper within his county the nominations to office certified to him as directed in Section 4. He shall make no less than two publications in each of such newspapers before election. Such publications shall be made in two newspapers representing the two principal political parties. Provided, that in all cities where a daily newspaper is published such notice shall also be published in two daily papers a newsparepresenting such political parties, if such there be. The pers political lists of nominations published by the Clerk of the Peace recognized in shall be arranged as far as practicable in the order and whenever form in which they will be printed upon the ballots, and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of the Peace shall not include in the publication to be made according to this section the name of any candidate whose certificate of nomination shall have been filed in his office who shall have notified him in writing duly signed Clerck not to and acknowledged that he will not accept the nomina publish name tion. The names of such candidates shall not be included declines a nomin the names of the candidates to beprinted on the ballot notifies the as hereinafter provided.

possible

of the

of man who

ination and so

Clerk of the

Peace

Names of can

didates printed

OF THE GENERAL ELECTION.

Section 8. The Clerk of the Peace in each county shall

in parallel col-cause the names of all candidates to be voted for in his

umns under

party device

uniform size

county and the several hundreds or districts in the same to be printed in parallel columns in one ballot, all nominations of any party being placed under the title and device of such party as designated by its authorized agent or agents in the certificate or certificates, or if none be designated under some suitable title and device to be selected by the Clerk of the Peace. The ballots shall be of Ballots to be of uniform size and of the same quality and color of paper and same qual- and sufficiently thick that the printing cannot be distinguished from the back. The arrangement of the ballot shall in general conform as nearly as possible to the plan Arrangement hereinafter given, and the device named and chosen and the list of candidates of the Democratic party shall be placed in the first column on the left hand side of said ballot; of the Republican party in the second column and of any other party in such order as the Clerk of the Peace shall decide.

ity of paper

of the ballot