The Nevada County picayune., 1916-08-17

shalf De answered within 10 days. l If the complaint is sufficiently den- | nite to make & prima facie case, the ! judge shall unless the Circuit Court In which 1t is filed Is in session or Is to
 convene within 30 days. call a special term, which shall possess the powers , of a court convened in regular term, 1 and shall proceed at once to hear the case. If the case comes in regular
 be speedily determined. The judge
 may adjourn other courts in order to 1 hear such cases. and may call another , judge in exchange to sit in other ] courts. or vacate the bench in other ! courts and cause a special judge to be l elected to hold the same; and the ses- 1 sion of the special term to hear sUch l cases shall not interfere with the va l lidity of other courts proceeding at | the same time in said circuit,
 | The cause shall be tried by the CIT | cult judge in open court, without i jury; an appeal may be taken from l the Judgment. provided, how WeVer, that
 the appeal shall not operate as su- | pcrsedeas. by judicial order or other ] wise, and the judgment of the Circuit 1 Court shall, until reversed, be obeyed | by political committees and their of i ficers and all election officers; further i provided, it shall be the duty of the | Supreme Court to advance the hearing 1 of any such appeal
 The Circuit Court. or. when neces-
 sary, the circuit judge in vacation:
 shall. by mandamus to the officers of 1 i cers, or both, or the secretary of state, ] enforce the proper certification and
 proper ballot in accordance with the 1 Judgment of the court, and shall pun
 i,h the failure of any such officers to ] obey the mandamus by imprisonment l in the county jail.
 Sec. 13. Should 10 reputable citi-
 zens of any county file complaint
 with the circuit judge within 20 days
 after primary election. alleging that l illegal or fraudulent votes were cast. | or fraudulent returns certification
 made or the corrupt practices act vfo- l lated, the circuit judge Shall If in his l opinion there Is good ground to be l lieve the charges to be true, convene special term at once, unless the reg | ular term is in session or will con- vene within 30 days. If the charges i come in a regular term. the judge shall specially charge the Grand Jury as to them. Should a special term be called, it shall In all respects be as If convened by law. and the circuit judge shall cause to be summoned grand and petit jurors, either on lists selected by the Jury commissioners or by the sher- fir, or by disinterested persons select ed by him for that purpose according to his opinion as to the best method to select unbiased jurors. Should fn- dictments be returned either at spe-
 cial or regular term. for violating the primary election laws. the defendants shall be given speedy trial at said term (and the court may adjourn terms of other courts in order that they may be tried), unless for good cause shown or in the interests of justice a contfn- uance or change Of venue be granted. No change of venue shall be granted in such cases except after hearing and finding by the court that the de fendant can not obtain fair and i'm
 partial trial in the district of the county where said indictment Is pend ing.
 Sec. 14. Should it he proved to the
 satisfaction of the trial judge. in a instituted under Section 2 prosecution as contemplated by Section 13. that a successful candidate has been guilty of violating any provision | of the corrupt practices act, or any 1 other violation of the laws regulating
 primary elections. the Circuit Court 1 shall enter such finding as a part of 1 the Judgment, irrespective of the de termination of the issues In the suit 1 instituted under Section 12. or the yer l dict of the jury in a criminal prosecu-
 ton; and the Judgment to that effect | shall operate to deprive the candidate
 of the nomination and right to have l his name on the ballot, and the va
 cancy shall be filled by a special prl-
 mary or otherwise. as may be deter mined bv the party organization. Sec. lS. Should proceeding under
 Section 12. or a criminal prosecution
 under Section 1s he not determined 1 finally until after the election. and the
 defendant in such proceeding Is elect
 cd to the oFrce as the nominee of the
 party. and it is determined that he
 was not entitled to the nomination. or | tho judgment contains s finding that l he violated the laws. ss provided In
 Section l4. then such Judgment shall l operate custer from office. and
 provided by law for filling vacancies In l such once In case Of death or resigrs- 1 tion.
 See. ls. No person shall be allowed | 10 vote at any primary election held
 under the laws of this state. who shall
 not exhibit poll tan receipt. or other | evidence that he has paid his poll tax
 within the time prescribed sy law to 1 entitle him to vote at the succeeding l general state election. Such other ev-
 idence shall be:
 tsl A copy of such receipt duly cer-
 tifed by the clerk of the County Court
 paid.
 Ch) Or such persons name shall sp- i pear upon the list required to be cer-
 tthed to the judges Of election sy Sec
 tion three tS) of Act $20 of the Acts | of 19oa.
 Or if any person offering to vot. l shall have attained the age Of 2l years
 since the time of assessing taxes next | preceding such election. which period
 Of assessment t' here declared to mean
 between the second Mondav in May ! prd the second Monday in September ! of each year. and possesses the other | necessary notifications and shall sub l nit svi '""ce hr- written affidavit. sat 1 isfactorN to the judges of election. es . 1 rnitted to vote. All such original and certified copies ! Of noll tax receipts and written af1da- | wits shall be filed with the judges of ! election and returned by them with i their other returns Of election. and the ! said Judges Of election shall. in sddi- ! tion to their regular list Of voters 1 mako an additional list upon their poll 1 books or all such persons permitted bv ! them to vote. whose names de not sp- l pear on the certified list of poll tax ! psvcre. and such poll books have | separate page for the purpose of re- 1 cordinC names of such persons. It shall he the duty of each elector.
 at the time of payment of his poll tax, l to state and it shall be the duty of ! the collector to record and certify in l his receint evidencing the payment of
 such poll tax. the color. residence. | poStofice address (rural route. town or
 street address), voting precinct. and ] school district of such person at the
 time of the payment of such tax. and ] all poll tax receipts not containing
 such requirements shall he void and
 shall not be recognized by the judges I of election; provided, however, it shall