The Newark journal., 1916-08-24

l cation in one county, and within 20
 days if against the certifcation in
 more than one county The complaint l shall be answered within 10 days. If the complaint is sufficiently den
 mite to make a prima facie case, the
 judge shall unless the Circuit Court in which 1t is filed is in session or IS ,o2 a9 l convene within 30 days, call a special
 term, which shall possess the powers of court convened in regular term
 and shall proceed at once to hear Ihe i ease. If the case comes in regular
 term it shall be given precedence ana i be speedily determined. The judge may adjourn other courts in order 10 hear such cases. and may call another l judge in exchange to sit in other
 courts or vaeate the bench in other
 courts and cause a special judge to De
 elected to hold the same; and the ses-
 sion ef the special term to hear such
 cases shall not interfere with the va
 1idity of other courts proceeding at
 the same time in said circuit.
 The cause shall be tried by the cir
 cult Judge in open court, without
 jury; an appeal may be taken from 1 the Judgment. provided, however, that
 the appeal shall not operate as su- persedeas. by judicial order or other
 wise, and the judgment of the Circuit 1 Court shall, until reversed. be obeyed l by political committees and their of l ficers and all election officers; further
 provided. 1t shall be the duty of the 1 Supreme Court to advance the hearing l of any such appeal.
 The Circuit Court. or, when neces- 1 sary, the circuit judge, in vacation,
 shall. by mandamus to the officers or 1 political parties and election of off, i cers, or both, or the secretary of state.
 enforce the proper certification and proper ballot In accordance with the i judgment of the court, and shall pun
 ish the failure of any such officers to 1 obey the mandamus by Imprisonment
 In the county jail.
 Sec. f3 Should 10 reputable citi- ] Ia 1,frf with the circuit judge within 20 days after a primary election, alleging that illegal or fraudulent votes were cast. or fraudulent returns or certification
 made, or the corrupt practices act vfo- lated, the circuit judge shall if in his opinion there is good ground to be- lieYe the charges to be true, convene ] special term at once, unless the reg vene within 30 days. If the charges 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- if. 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 in dictments be returned. either at a 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 tried1, unless for good cause shown or in the interests of justice q contin- uance or change of venue be granted. No change of venue shall be granted In such cases except after hearing and a finding by the court that the de- fendant can not obtain a fair and im- partial trial in the district of the county where said indictment is pend
 Sec. 14 Should it be proved to the satisfaction of the trial judge. In q case instituted under Section F. or prosecution as contemplated by Section 13, that successful candidate has been guilty of violating any provision
 of the corrupt practices act. or any other violation of the laws regulating primary elections. the Circuit Court sl II enter such finding as part of the judgment, irrespective of the de- termination of the issues In the suit
 instituted under Section 12. or the yer
 dict of the jury in criminal prosecu- tion; and the judgment to that effect shall operate to deprive the candidate of the nomination and right to have | his name on the ballot. and the va cancy shall be filled by a special tpri- | mary or otherwise, as may be deter 1 mined by the party organization. Sec. 15. Should a proceeding under l Section 12 or criminal prosecution ! | finally until after the election, and the l defendant in such proceeding is elect 1 ed to the office as the nominee of the | party. and it Is determined that he l was not entitled to the nomination, or l the judgment contains finding that l he violated the laws, as provided in Section II. then such judgment shall operate as an custer from office, and the vacancy in it shall be filled as provided by law for filling vacancies in such office in case of death or resigna- tion.
 Sec. 16. No person shall be allowed to vote at any primary election held under the laws of this state, who shall
 not exhibit a poll tax receipt, or other evidence that he has paid his poll tax within the time prescribed by law to entitle him to vote at the succeeding general state election. Such other ev- idence shall be:
 Gal A copy of such receipt duly cer-
 tified by the clerk of the County Court
 of the county where such tax was paid.
 (b) Or. such persons name shall ap- pear upon the list required to be cer- tified to the judges of election by Sec tion three (3) of Act 320 of the Acts of 1909.
 Or. if any person offering to vote shall have attained the age of 21 years since the time of assessing taxes next preceding such election, which period of assessment Is here declared to mean between the second Monday in May and the second Monday Tn september of each year. and possesses the other necessary qualifications. and shall sub init evidence by written affidavit, sat isfactory to the judges of election, es-
 tablishing that fact. he shall be per mitted to vote,
 All such original and certified copies
 of poll tax receipts and written afrda-
 wits shall be filed with the judges of
 election and returned by them with
 their other returns of election and the
 said judges of election shall, In addi- tion to their regular list of voters. make an additional list upon tn cir poll hooks of all such persons permitted by them to vote, whose names do not ap- pear on the certified list of poll tax payers. and such poll books have separate page for the purpose of re- cordiug names of such persons. II shall be the duty Of each elector | at the time of payment of his poll tax | to state. and 1t shall be the duty of 1 the collector to record and certify in his receipt evidencing the payment of | such poll tax. the color, residence, | postofce address (rnral route. town or 1 street address). voting precinct. and | school district of such person at the | time of the payment of such tax. and 1 all poll tax receipts not containing | such requirements shall be void and | shall not be recognized by the judges l of election: provided. however, 1t shall I |