or canvassed, or abstracts any ballots lawfully polled, at any other time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy, any poll-list or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or wilfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with voters lawfully exercising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be guilty of felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment. See sec. 1780. 1827. Fraudulent attempt to vote, misdemeanor. SEC. 86. Every person not entitled to vote who fraudulently attempts to vote, or who being entitled to vote, attempts to vote more than once at any election, or who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment. 1828. For prying into secrecy of ballot, felony. SEC. 87. Every inspector, judge, or clerk of an election, who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in, to be opened or examined previous to putting the same into the ballot-box, or makes or places any mark or device on any folded ballot, with the view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward, when no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in the place of the true returns of a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term of not less than two nor more than ten years. [Secs. 88, 89, 90 omitted, being now, respectively, secs. 537, 538 and 540 of crimes and punishments act, secs. 6802, 6803, 6319.] 1829. Offering to appoint or procure appointment to any office in con sideration of votes-Felony. SEC. 91. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, position, or employment as an inducement or consideration to any person to vote for, or procure, or aid in procuring the election of such candidate, or person not being a candidate, who communicates any offer made in violation of this and the preceding section, to any person with intent to induce him to vote for, or to procure or aid in procuring the election of the candidate, shall be deemed guilty of felony, punishable by imprisonment not exceeding five years or a fine not exceeding five thousand dollars, or by both such fine and imprisonment. 1830. Selling liquor on election day-Misdemeanor. SEC. 92. No person shall sell, give away, or furnish, or cause to be sold, given away, or furnished, either for or without pay, within this state, on any day upon which any general election is held, nor within the limits of any county or city on any day upon which any special or municipal election is held therein, any spirituous, malt, or fermented liquors or wines; and any one so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the court; and it shall be the duty of judges of the district courts of the several judicial districts in this state, to specially give this act in charge to every grand jury impaneled in their respective districts. 1831. Governor to offer rewards for arrest and conviction. SEC. 93. The governor is hereby authorized and directed, at least thirty days previous to any general election and fifteen days previous to any special election, to issue a proclamation offering a reward of one hundred dollars for the arrest and conviction of any person violating any of the provisions of this act, when the crime is a misdemeanor; and a reward of two hundred dollars for the arrest and conviction of any person guilty of a felony, as herein provided; and such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars, payable out of any moneys in the state treasury not otherwise appropriated. And all moneys collected under the provisions of this act shall revert to the general school fund of the several counties where such case was brought. 1832. Secretary of state to issue this act in pamphlet form. SEC. 94. It shall be the duty of the secretary of state to cause to be printed in pamphlet form a requisite number of copies of this act, with marginal notes and properly indexed, a suitable number of which shall be forwarded by him to the county clerks of the several counties of this state, at least sixty days previous to the holding of any general election, and at least twenty days. previous to the holding of any special election; and it is hereby made the duty of the said county clerks to inclose in each and every ballot-box sent out by them to be used at the various precincts of their respective counties, five or more copies of said act, as in their judgment they may deem proper. An Act relating to elections and to more fully secure the secrecy of the ballot. 1835. Nominations, how certified. 1837. Certificates filed with secretary of state 1838. Restrictions in making nominations. 1840. Secretary of state to certify names— 144. Ballots, how made-What to contain- 1833. Ballots furnished by county. 1845. Number of ballots and how bound. 1846. Number per registered voter. 1847. Error in or omission of name-How corrected. 1848. New elections may be held. 1849. How ballots to be furnished to voters. 1857. Sample ballots-Instructions to voters. 1859. False or fraudulent certificate of nomi- 1860. Destruction of supplies. 1862. Various acts made misdemeanors. SECTION 1. All ballots cast in elections for public officers within this state shall be printed and distributed at public expense, as hereinafter provided. The printing of general tickets and cards of instruction for the electors of each county, and the delivery of the same to the election officers, as provided for in this act, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses, and in case of separate elections for city, town or district officers, the printing and delivery of tickets and cards of instruction shall be a charge upon the city, town or district in which said tickets and cards are to be used, the payment of which shall be provided for in the same manner as the payment of other city, county or district expenses. See secs. 1779, 1780, 1858, 1861. Regarding supplying and expense for ballots and supplies for primary election, see sec. 1744 and note. 1834. Nominations, how made-Convention defined. SEC. 2. Any convention, as hereinafter defined, held for the purpose of making nominations for public office, and also electors to the number hereinafter specified, may nominate candidates for public offices, to be filled by election within the state. A convention within the meaning of this act is an organized assemblage of delegates. representing a political party, which, at the last election, before the holding of such convention, polled at least three per cent of the entire vote cast in the state, county, district or other political division, for which the nomination is made. As to nominations for most offices, see secs. 1737-1740. 1835. Nominations, how certified. SEC. 3. All nominations made by any such convention shall be certified as follows: The certificate of nomination, which must be in writing, shall contain the name of each person nominated, his residence and the office for which he is nominated, and shall designate the party or principle which such convention represents. It shall be signed by the chairman and secretary of such convention, who shall add to their signatures their respective places of residence, and make oath, before an officer authorized to administer the same, that the matters stated in such certificate are true to the best of their knowledge and belief, and a certificate of the said oath shall be annexed to said certificate of nomination. See sec. 1737. 1836. Nominations otherwise than by convention, how made. SEC. 4. A candidate for public office may be nominated otherwise than by a convention in the manner following: A certificate of nomination containing the name of the candidate to be nominated, with the other information required to be given in the certificate provided for in section 3 of this act, shall be signed by electors residing within the district or political division for which candidates are to be presented equal in number to at least ten per cent of the entire vote cast at the last preceding election in the state, district or political division for which the nomination is to be made; provided. that such certificate shall not be valid unless signed by five voters. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such certificate shall swear that the statements therein made are true to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such certificate of nomination shall have the same effect as the certificate of nomination made by a party convention. As amended, Stats. 1893, 113. See sec. 1737. 1837. Certificates filed with secretary of state for state offices: with county clerk for other offices. SEC. 5. Certificates of nomination of candidates for offices to be voted for by the electors of the entire state, shall be filed with the secretary of state. Certificates of nomination of candidates for all other public offices shall be filed with the clerks of the respective counties wherein the officers are to be voted for and where a district embraces more than one county, such certificate shall be filed with the clerk of each of said counties. See sec. 1741. 1838. Restrictions in making nominations. SEC. 6. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. No person shall join in nominating, under the provisions of section 4 of this act, more than one nominee for each office to be filled, and no person who has voted in a convention, either in person or by proxy, for or against a candidate for any office, shall join in nominating, in any manner, any other nominee for that office, and no person shall accept a nomination to more than one office. 1839. Certificates of nomination, when filed-Vacancy, how filled. SEC. 7. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days nor less than fifty days before the day of election when the nomination is made by a convention, and not more than sixty days and not less than forty-five days before the day of election when the nomination is made under the provisions of section 4 of this act. Certificates of nomination required to be filed with the county clerks shall be filed not more than fifty days nor less than forty days before the day of election, when the nomination is made by a convention, and not more than fifty days nor less than thirty days before the day of election, when the nomination is made under the provisions of section 4 of this act. Should a vacancy occur from any cause in the list of nominees for any office, such vacancy may be filled at any time before the day of election by the convention or by a committee to which the convention has delegated power to fill such vacancies, or by petitioners as provided for by section 4 of this act. The chairman and secretary of such convention, or of such committee, or such petitioners, shall make out and file with the proper officer a certificate setting forth the name of the person nominated to fill such vacancy, the office for which he is nominated, the name of the person for whom the new nominee is to be substituted, and such further information as is required to be given in an original certificate of nomination. When such certificate is filed the officer with whom it is filed shall substitute the name of the person therein for the original nominee, by printing, if practicable, or by writing the name of the person there substituted. As amended, Stats. 1891, 88; 1893, 113. No provision is made for the resignation of a candidate nominated for a public office. If such right exists it is wholly by implication under a strained construction of this section. State ex rel. McMillan v. Sadler, 25 Nev. 190 (58 P. 284, 59 P. 546, 63 P. 128). This section recognizes that vacancies may exist "for any cause" which includes withdrawal after nomination. See sec. 1761. The candidate, having the unquestioned power to withdraw, when he gives proper notice of such withdrawal, a vacancy is created in the nomination for such office, which vacancy the proper committee has the power to fill, if it sees fit so to do. (Per Norcross, J., dissenting.) State ex rel. Donnelley v. Hamilton, 33 Nev. - (111 P. 1030, 1032). 1840. Secretary of state to certify names-County clerks to have ballots printed; maximum cost, fifty dollars per thousand. SEC. 8. Not less than thirty-five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within this state the name of each person and the name of the office for which he is nominated, as specified in the certificate of nomination filed with him. As amended, Stats. 1893, 113. (Section four.) The county clerks of the several counties of this state shall supervise the printing of the ballots, and such ballots, shall be printed at some newspaper or printing office in the county where the ballots are to be voted, and in case there is no newspaper or printing office in the county in which the work can be done, then said clerk is hereby authorized, empowered and directed to have said printing done in any newspaper or printing office in the state; provided, that the cost of printing said ballots shall not exceed the sum of fifty dollars per thousand. As supplemented, Stats. 1893, 114, and amended, Stats. 1899, 92. Names of candidates for United States senator to be certified and placed on the ballot, sec. 1897. The secretary of state is required to furnish to the county clerks tinted paper for ballots, with watermark, for general elections, sec. 1843, and to furnish white watermarked paper for primary elections, sec. 1747. Separate ballots without the names of candidates for town or city officers are to be provided for voters residing within the precinct but without the limits of the city or the town, sec. 1868. Clerk is to have the sample ballots for primary elections printed on yellow paper, sec. 1748. The provisions of the law governing elections are made applicable to primary elections, except as otherwise provided, sec. 1765. Regarding expense for ballots and supplies for primary elections, see sec. 1744. 1841. Nominations published. SEC. 9. Not less than ten days before an election to fill any public office or offices, the county clerk shall cause to be published all the nominations certified to or filed with him. Said nominations shall be published in a newspaper printed within the county. When no newspaper is printed within the county, the publication shall be made by posting a copy of the ballot in a public place in each election precinct within the county, one of which copies shall be posted at the court house door. When publication is made by printing in newspapers, at least two publications by such newspaper shall be required, one of which shall appear in the last regular issue of such paper before election day. 1842. Secretary of state to certify questions. SEC. 10. When any proposed constitution, constitutional amendment or other question is to be submitted to the popular vote, the secretary of state shall, within ninety days before the election at which such constitution, constitutional amendment or question is to be voted upon, certify the same to each county clerk of this state, sending to each of said clerks enough copies of such constitution, constitutional amendments or other questions to supply each inspector of election and enough additional copies to carry out the provisions of this act. And it is hereby made the duty of the county clerks of each county to have posted, ten days before the election, in each election precinct, three copies of said constitution, constitutional amendments or other questions to be voted on, one of which copies shall be posted at the place of holding the polls. If there is a newspaper published in the county, the county clerk shall cause to be published said constitution, constitutional amendment. or other questions therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days, and the other not more than ten days before said election. Any secretary of state or county clerk of this state who shall fail to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not less than $100, nor more than $500. As amended, Stats. 1903, 204. Const. 283; see secs. 1796–9, 1880, 1881. 1843. Ballots, how furnished-Secretary of state to provide paper. SEC. 11. It shall be the duty of the county clerk to provide printed ballots for every election for public offices, in which any voters within the county participate, and to cause to be printed in the ballot prescribed herein, the |