Death, resignation or division and parties, who or device. How decided. OF ELECTIONS. In case of death, resignation or removal of any candidate removal of subsequent to nomination a supplemental certificate of nomcandidates. ination may be filed by the proper officers of the State, In case of county, district or hundred committees. In case of a divifactions in sion in any party and claim by two or more factions to the shall use same party name or title, figure or device, if the division ocparty figure curs at a State convention, or extends 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 assemble 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 the other faction. Provided that in case of division in any party extending only throughout a county, district or hundred, the Clerk of the Peace of 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 the Peace shall select for them a name or title, figure or device. Clerk of the SECTION 5. The Clerks of the Peace of the several Peace to pre- counties shall cause to be preserved in their respective offices tificates of all certificates of nominations filed under the provisions of this act for six months after the date of the filing thereof. nominations Time of filing certifi cates of nominations SECTION 6. Certificates of nominations herein directed to be filed with the Clerks of the Peace shall be filed not less than twenty days before the day fixed by law for the election of the persons in nomination. OF ELECTIONS. of nomina newspapers ment of nom SECTION 7. At least ten days before an election to fill Publication any public office the Clerk of the Peace of each county shall tions. cause to be published in at least two newspapers 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 publica- In what tions shall be made in two newspapers representing the two published. principal political parties. Provided, that in all cities where a daily newspaper is published such notice shall also be published in two daily papers representing such political parties, if such there be. The lists of nominations published by the ArrangeClerk of the Peace shall be arranged as far a practicable in inations for the order and form in which they will be printed upon the publication. ballots and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of What nomithe Peace shall not include in the publication to be made ac- be excluded cording to this section the name of any candidate whose cer- cation and tificate of nomination shall have been filed in his office who from the shall have notified him in writing duly signed and acknowledged that he will not accept the nomination. The names of such candidates shall not be included in the names of the candidates to be printed on the ballot as hereinafter provided. of nations shall from publi ballots. Peace to SECTION 8. The Clerk of the Peace in each county shall Clerks of the cause the names of all candidates to be voted for in his print ballots. county and the several hundreds or districts in the same to be printed in parallel columns on one ballot, all nominations. 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 uniform size and of the same Size, form, quality and color of paper and sufficiently thick that the color of balprinting cannot be distinguished from the back. The lots. arrangement of the ballot shall in general conform as nearly as possible to the plan 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. style and Death, removal or re SECTION 9. In case of the death, removal or resignation signation of of any candidate after the printing of such ballots and before after print such election, it shall be lawful for the chairman of the State, ing of ballots county, hundred or district political organization by which candidates ation, pas ters, etc. such candidate was nominated to make a nomination to fill such vacancy and to provide the election officers of each election district in which such candidate is to be voted for New nomin- with a number of pasters containing only the name of such candidate at least equal to the number of ballots provided for each election district, but no pasters shall be given to or received by any one except such election officers and such chairman, and it shall be the duty of the clerks of election to put one of such pasters in a careful and proper manner and in the proper place in each ballot before they shall sign their initials thereon. Duty of clerks of election in using such pasters. Printer of ballots to al taken be in any other form. SECTION IO. If the printer of such ballots or any person low no bal- employed in printing the same shall give or deliver or lokut, knowingly permit to be taken any of said ballots by any nor to print person other than the Clerk of the Peace for whom such ballots are being printed or shall print, or cause or permit to be printed any ballot in any other form than the one prescribed by this act or with any other names thereon than those authorized by the Clerk of the Peace or with the names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the said Clerk of the Peace, he shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than one nor more than five years or both at the discretion of the Court. Penalty. Number of ballots to be SECTION II. The Clerk of the Peace in each county printed. shall cause to be printed within the State of Delaware in the OF ELECTIONS. voters; how form herein before provided four ballots for every voter in each hundred or election district in his county, and the number of voters shall be ascertained in each hundred or Number of election district by reference to the highest number of votes scertained. polled therein at any preceeding election with due allowance for any estimated increase thereof. If a new election district has been established in his county the number shall be estimated by said Clerk of the Peace according to the best information he can obtain. ballots. The Clerk of the Peace shall cause the ballots for each Packages of hundred or election district to be carefully wrapped and tied in two packages each containing the same number of ballots, which packages shall be plainly marked and securely sealed with wax. The Clerk of the Peace in each county shall also provide Stamp. and enclose in each of said sealed packages one stamp for every three hundred ballots contained in the package, bearing a (*) or such other device as he may select together with ink pads or other necessary apparatus ready for use. of Peace to re on day be SECTION 12. It shall be the duty of each inspector of Duty of Inelection outside of the city of Wilmington to appear at the election to office of the Clerk of the Peace of his county on the day appear at the preceding the election before the hour of three o'clock in the Clerk of the afternoon and the Clerk of the Peace shall deliver to him one ceive ballots of the sealed packages of ballots and stamps for his hundred fore election. or election district and the said inspector shall safely keep To keep safe the said package and produce the same at the place of election and at the time of the opening of the election, provided, however, that in case there shall be a vacancy in the office of Failure of any inspector on the day preceding the election or any in- to call for spector for any cause shall not apply to the proper Clerk Clerk of the of the Peace for the package of tickets printed for his hun- Peace to dedred or election district by the hour of three o'clock in the whom. afternoon of the day preceding the election the said Clerk of the Peace shall deliver said package to some trusty person who shall deliver it on the day of the election to the inspector of election of such hundred or election district at the place of election and immediately upon the qualification of the election officers. the inspector tickets, liver to tickets de In the city of Wilmington it shall be the duty of the To whom President of the Department of Elections or in case he can- livered in not attend some other member of the Department of Elec- Wilmington. the city of Penalty of election offi containing OF ELECTIONS. tions authorized in writing by the President of the Depart- SECTION 13. Any inspector or any other election officer cer or other or any other person whatever who shall break any package Breaking containing ballots and stamps or take any ballot there from, package or suffer the same to be done by another, before the opening ballots, etc., of the election shall be deemed guilty of a misdemeanor and ing of elec- upon conviction thereof by indictment shall be fined not less tion. than three hundred dollars nor. more than five hundred dollars and may at the discretion of the court be imprisoned for a term not less than one year nor more than two years. before open Loss or distruction of ballots. of ballots. SECTION 14. If by any accident or casualty the ballots delivered to any inspector or other person by any Clerk of the Peace shall be lost or destroyed it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the same were obtained and make affidavit of the circumstances New supply of the loss whereupon such Clerk of the Peace shall at once re-supply such person. In case such person having in custody said package fails or refuses to report and make proof of the loss, any qualified elector may do so, and thereupon such Clerk of the Peace shall at once send a new supply by In case elec- some trusty person as provided in other cases. In case, for find no bal- any reason, there should be found no ballots or other necessary of voting at means or contrivances for voting, at the opening of the elecelection. tion it shall be the duty of the election officers at such election place to secure the same as speedily as possible, and, if necessary, such election officers shall have ballots printed or written; provided, however, that such ballots shall conform as nearly as possible to the official ballots and the printing and the preparation and the care of the same shall be under the same provisions and penalties as the printing and the care of the other ballots prescribed in this act. tion officers lots or means Proviso. |