The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-08-18
PRIMARY ELECTION LAW.

FhImAH1 ELEG iON LAW
An act to regulate so-caned primary
elections of recognized political parties
in the state Of Alabama
Section l. Be 1t enacted by the general
assembly OF Alabama, That It shall be
unlawful In said state for any person
to purchase, or offer to purchase for
money or other valuable consideration,
the vote of any voter In any so-called
primary election of any recognized politi-
cal party. Any person so doing shall be
deemed guilty of mjsdemeauor, and up
On conviction thereof shall be fined not
less than fifty nor more than five hun
dred dollars. and any candidate for Of
| flee, or for the party nomination to any
| office, in any such election, upon convic-
ton of this offense shall, besides paying
the above-named fine, be declared in
eligible for the office to which he aspires,
for the ensuing term.
| Sec. 2. Be II further enacted, That il
shall be unlawful IN said state for any
person to sell or to offer ror sale, his
vite or suffrage, In any sucn primary
election; and any person so doing shall
be guilty of a misdemeanur, ana upon
conviction thereof, shall be fined not less
than twenty-five nor more than one hun
dred dollars, or sentenced to hard labor
not less than ten or more than twenty
days.
Sec. 3. Be 1t further enacted, That it
shall be the duty OF the sheriff of each
| county on the day of such so-called pri-
mary election, to he present, in person
or by deputy at all election precincts
where such elections are held IN his
county, and 1t shall be his duty to pre-
| serve coed order end for the PURPOSE
of maintaining good older. Said sheriff or
his deputy may specially deputize a suf-
| hcient force to act at all erection pre-
cincts on the day of such election that
he may deem necessary; and, in case of
necessity, may raise a posse comitatus
to put down all riots or attempted riots
or dist urbances.
Sec. 4-Be 1t further enacted That no
person entitled to vote unaer the rules of
the political party holding sucn primary
election shall be arrested on the day Of
such election unless 1t be for a felony or
for bi each of the peace or for viola
tion on that day OF the provisions of this
act. For such breach of the pefce, or
attempted breach of the peace or VIC
lation of the provisions of this act the
sheriff or his deputy may arrest without
process and commit to jail until the Of
fender shall give bond with good and
sufficient surety, to be approved by the
sheriff, for his appearance at the next
term of the circuit or city court to an
swer any indictment that may be found
against him.
Sec. 5.zBe it further enacted, That
any person found drunk or intoxicated
about any polling place during any such
primary election shall be deemed guilty
of mitdeneanor, and upon conviction
thereof shall be fined not less than ten
nor more than one hundred dollars, or
sentenced to hard labor for not less than
five nor more than ten days; and he shall
be arrested by the sheriff or his deputy
and dealt with as prescribed in the pre-
oedng section.
Sec 8. Be 1t further enacted, That 1t
shall be unlawful for any person to sell
or give away any liquors of any kind or
description during the day on which any
such election shall be held or on the pre-
ceding day; and any person violating this
section shall be guilty of a misdemeanor,
and upon conviction ther cor shall be
fined not less than one hundred nor
more than eight hundred dollars; and it
shall be the duty of the sheriff deputy
sheriff or any constable to arrest any
person violating the provisions of this
section and de6l with them as above pre-
soribed.
SEQ. Z. Be 1t further enacted, That any
funds from fines. forfeitures or proceeds
of hard labor arising under this act shall
first be applied toward the payment of
any special deputy or deputies who were
necessary to be employed in carrying out
the provisions of this act and who shall
be compensated as Dow provided for spe-
cial deputies according to law and any
other funds arising fl fines forfcitures
or hard labor proceeds under the pro-
visions OF this act which are not ex-
pended as above described in this section
shall oe devoted to the public schools of
the county; provided, that each school
district shall receive the funds arising
from violation of this act III such district
Sec. 8. Be it further enacted That JUS
ticCso The peace shall have jurisdiction
of all violations of the provisions of this
act.
Sec. 9. Be 1t further enacted, That the
provisions of this act shall not be con-
strued as making primary elections as
the means of selecting its nominees OBJ
ligatory upon any political party In this
state
Sec 10 Be 1t further enacted, That all
managers, inspectors clerks and other
officers and returning officers both I'M
der the general law and unuer the rules
of any political party holding a primary
election, shall. before entering upon their
duties as such officers, be required to
take the oath administ cred to such Of
flee holders holding elections under the
general election laws of this state, and
shall also swear to discharge the duties
of the office upon which they are enter
Ing In accordance with the laws of the
state and the rules of the party hold
ing such election, and to accurately and
truly count and return the vote as cast
In such primary election: Provided, That
this oath may be administered by any
officer authorized to administer oaths, or
in the absence of such officer may be
1 fltaffat uf aTn.. 1.Fr
ayers or inspectors authorized to hold
such primary election.
Sec. II. Be 1t further enacted, That
any clerk, manager, inspector or other
officer who violates any provision of this
act shall be guilty of misdemeanor and
upon conviction thereof shall be fined
not less than twenty-five nor more than
one hundred dollars.
Anproved February s. 1899.