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proceed jointly, or in default of either one of such persons to attend at the time and place fixed upon, the one attending shall proceed to hear and reduce to writing the testimony of all witnesses who may be produced by either of said parties, and may adjourn from day to day until all said testimony shall have been taken and reduced to writing: Provided, That such testimony shall be finally closed on or before the 29th of December following.

SEC. 129. No testimony shall be received by the person officiating at the taking of the depositions on the part of the contestant which does not relate to the points specified in the notice, a copy of which notice shall be delivered to the person or persons so officiating, and said testimony, together with a copy of the notice, when taken, shall be certified by the person or persons before whom the same is taken, enveloped, sealed up, indorsed "depositions taken in the matter of the contest of the election of A. B. to the office of ......," and directed to the Secretary of State, who shall preserve the same, unopened, till the meeting of the Legislature. SEC. 130. If, at the time of taking depositions to be used before the Legislature, or either branch thereof, in the case of a contested election, the notice shall allege that it is necessary for the determination of such contest that the ballots or the poll books of any election district or districts should be inspected, the officer or officers before whom such depositions shall be taken shall, on the request of either party to the contest, issue an order requiring the county auditor, or other person in whose custody or possession the ballots or poll books may be, naming the district or districts mentioned in the notice, to deliver them to the person or persons therein named, who shall deliver them to the person or persons issuing such order. Such officer or officers shall transmit such ballots or poll books, unopened, in the same envelope with the depositions, as provided in the preceding section.

SEC. 131. On the second day of the organization of the Legislature, the Secretary of the State shall deliver to the speaker of the House all papers relating to the contested elections of executive officers, and to the presiding officers of each house all papers relating to contested elections of the members of their respective houses.

SEC. 132. Upon the reception by such presiding officers of papers relating to contested elections, they shall immediately give notice to their respective houses that such papers are in their possession. Where the papers relate to the contest of an executive State officer, the House of Representatives shall notify the Senate, and a day shall be fixed by both houses, by concurrent resolution, for the uniting of the two houses to decide upon the same, in which decision the yeas and nays shall be taken and entered upon the journal.

SEC. 133. The papers relating to any such contest shall be opened only in the presence of the body by the presiding officer, to whom the same shall be delivered. If ballots or poll books are contained therein, they shall after being opened, remain in the custody of such presiding officer, subject to the inspection of the members, unless they shall by vote be temporarily committed to the chairman of a committee, in which case such chairman shall return them to the proper presiding officer; and they shall, upon the decision of the contest, be again sealed up in an envelope and returned by mail or otherwise to the office of the county auditor in which they were first required to be filed.

SEC. 134.

All the evidence in any contest provided for in the last preceding section, except ballots or poll books, shall, after a decision thereof, be preserved in the office of the Secretary of State.

SEC. 135. The election of any person declared elected to any office, other than executive State officers and members of the Legislature, may be contested by any elector of the State, judicial district, county, township, precinct, city or incorporated village in and for which the person is declared elected.

SEC. 136. The contestants shall file in the proper court, within twenty days after the votes are canvassed, a complaint, setting forth the name of the contestant, and that he is an elector competent to contest such election; the name of the incumbent, the office contested, the time. of the election, and the particular causes of contest, which complaint shall be verified by the affidavit of the contestant, that the causes set forth are true as he verily believes. The contestant must also file a bond, with security, to be approved by the clerk of the court, or district judge, as the case may be, conditional to pay all costs in case the election be confirmed, the complaint dismissed, or the prosecution fail.

SEC. 137. When the reception of illegal or the rejection of legal votes is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, if known, with the precinct, township or ward where they voted or offered to vote, shall be set forth in the complaint.

SEC. 138. Upon the filing of such complaint summons shall issue against the person whose office is contested, in the same manner as in civil actions, and a copy of the complaint shall in all cases accompany the summons.

SEC. 139. The cause shall stand for trial at the expiration of thirty days from the time of service of the summons and complaint, if the court shall then be in session; otherwise, on the first day of the next term thereafter.

SEC. 140. The trial shall proceed at the time appointed, unless postponed for good cause shown by affidavit, the terms of which postponement are in the discretion of the court.

SEC. 141. The proceedings shall be similated to those in an action, so far as practicable, but shall be under the control and direction of the court, which shall have all the powers necessary to the right hearing and determination of the matter; to compel the attendance of witnesses, swear them and direct their examination; to punish for contempt in its presence or by disobedience to its lawful mandate; to adjourn from day to day; to make any order concerning immediate costs, and to enforce its orders by attachment. It shall be governed by the rules of law and evi

dence applicable to the case.

SEC. 142.

The testimony may be oral, or by depositions taken as in other actions in the court where the case is tried. Subpoenas for witnesses may be issued as in other cases any time after the filing of the complaint.

SEC. 143. The proceedings shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the real grounds of contest. If any part of the causes are held insufficient they may be amended, but the incumbent will be entitled to an adjournment if he state on oath that he

has a matter of answer to the amended causes, for the preparation of which he needs further time. Such adjournment shall be upon such terms as the court deem reasonable; but if all the causes are held insufficient, and an amendment is asked, the adjournment shall be at the cost of the contestant. If no amendment is asked for or made, or in case of entire failure to prosecute, the proceedings may be dismissed.

SEC. 144. The style, form and manner of service of process and papers, and the fees of officers and witnesses shall be the same as in other cases in the court where the cause is tried.

SEC. 145. The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer such questions no part of his testimony on that trial shall be used against him in any crim- . inal action.

SEC. 146. If an inspection of the ballots or poll books of any election. district in this State shall become necessary for the determination of any election contest before any court, the presiding judge thereof may by order, naming the district or districts, require the proper officer to procure the same from the county auditor, or other person in whose possession or custody the same may be, and such clerk or person shall deliver the same to said officer, who shall deliver them unopened to such presiding judge.

SEC. 147. The presiding officer shall open and inspect the same in open court, in the presence of the parties or their attorneys, and immediately after such inspection shall again seal them in an envelope and return them, by mail or otherwise, to the office of the county auditor in which they were at first required to be filed.

SEC. 148. The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs; and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.

SEC. 149. The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected. SEC. 150. If it appears that two or more persons have-or would have had if the legal ballots cast or intended to be cast for them had been counted-the highest and equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall by written order direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly.

SEC. 151. When either the contestant or incumbent shall be in possession of the office by holding over, or otherwise, the court shall, if the . judgment be against the party so in possession of the office and in favor of his antagonist, issue an order to carry into effect the judgment of the court, which order shall be under the seal of the court, and shall command the sheriff of the county to put the successful party into possession of the office without delay, and to deliver to him all books and papers belonging to the same; and the sheriff shall execute such order as other writs.

SEC. 152.

When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void.

SEC. 153. The party against whom judgment is rendered in cases tried in the district court may appeal to the supreme court, and if the appellant be in possession of the office, such appeal shall not supersede the execution of the judgment of the court, as provided in the preceding section, unless he give a bond with security, to be approved by the court, in a sum to be fixed by the court, and which shall be at least double the probable compensation of such officer for six months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed, he will pay over to the successful party all compensation received by him while in possession of said office after the judgment appealed from was rendered, and such bond shall contain the express consent that judgment may be rendered against the sureties on the appeal as provided in the following section..

SEC. 154. If upon the appeal the judgment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with the costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

SEC. 155. If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.

SEC. 156. It shall be the duty of the Secretary of State to cause to be published in pamphlet form and distributed through the county clerks of the respective counties, a sufficient number of copies of this law, and such other laws as bear upon the subject of election, as will place a copy thereof in the hands of all officers of elections.

SEC. 157. Special elections shall be conducted and the results thereof canvassed and certified in all respects, as near as practicable, in like manner as general elections, except as otherwise provided; but special elections shall not be held, unless when required by public good, and in no case within ninety days next preceding a general election.

SEC. 158. In all cases where special elections are to be held to fill vacancies in offices mentioned in the preceding subdivision, the board of canvassers shall meet at twelve (o'clock) m. on the third day after such election, to canvass the votes cast at such election, and the county auditor, within four days after any special election for a member of the Leg. islature, or Representative in Congress, shall transmit to the Secretary of State an abstract of the votes cast at said election, if there be more than one county in the district.

SEC. 159. Within ten days after said election in the case last mentioned, the Board of State Canvassers shall meet and canvass the votes cast to fill such vacancy, and if the returns have not been received from all the counties composing said district, they may adjourn to such day as they deem necessary, not exceeding five, for the purpose of receiving said returns.

SEC. 160. The provisions relating to general elections shall govern special elections, except where otherwise provided for.

SEC. 161. Whenever a special election is ordered by the board of commissioners, notice must be issued and posted in the same manner as for a general election.

SEC. 162. All acts and parts of acts enacted by any Territorial Legislature relating to election be and the same are hereby repealed: Provided, That nothing in this Act contained shall be construed as repealing any of the provisions contained in the penal code.

SEC. 163. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved February 2, 1899.

H. B. NO. 31.

AN ACT

CONCERNING ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES, PRESCRIBING THEIR DUTIES; THE MANNER OF FILLING VACANCIES THEREIN AND FIXING THEIR COMPENSATION.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1.

Meeting of Electors.

The electors chosen to elect a President and Vice-President of the United States shall at 12 o'clock on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this State, and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.

Duties of Electors, Penalties.

SEC. 2. Each elector of President and Vice-President of the United States shall, before the hour of twelve o'clock on the day next preceding the day fixed by the law of Congress to elect a President and Vice-President, give notice to the Governor that he is at the seat of government and ready at the proper time to perform the duties of an elector; and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors; and if any elector named therein fails to appear before nine o'clock on the morning of the day of election of President and Vice-President as aforesaid, the electors then present shall immediately proceed to elect, by ballot, in the presence of the Governor, persons to fill such vacancies.

Vacancies in Electors, How Filled.

SEC. 3. If more than the number of persons required to fill the vacancies, as aforesaid, have the highest and an equal number of votes, then the Governor, in the presence of the electors attending, shall decide by lot which of said persons shall be elected; otherwise they, to the number required, having the greatest number of votes, shall be considered elected to fill such vacancies.

Persons Elected to Fill Vacancies to be Notified.

SEC. 4. Immediately after such choice is made the names of the persons so chosen shall forthwith be certified to the Governor by the electors making such choice; and the Governor shall cause immediate notice to be given in writing to the electors chosen to fill such vacancies; and the said persons so chosen shall be electors, and shall meet the other electors at the same time and place, and then and there discharge all and singular the

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