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NOMINATION OF CANDIDATES.
Who May Nominate.
2987. [Sec. 48.] Any convention of delegates and any nominating body, and any caucus or meeting of qualified voters as hereinafter defined, and individual voters to the number and in the manner herein specified may nominate candidates for public office whose names shall be placed upon the ballots to be furnished as hereinafter provided.
Who May Nominate.
2988. [Sec. 49.] Any convention of delegates representing a political party or other nominating body, which, at the State, or at the United States Presidential election next preceding the holding of such convention, polled at least ten per centum of the entire vote cast in the State may, in any election district for which said Convention is held, or any convention of delegates who have been selected in caucus called and held in accordance with the provisions of this act, any caucus so called and held in any such electoral district or division of the State, or in the District or division for which the Convention or caucus is held, as the case may be, by causing a certificate of nomination to be duly filed, make therein such nominations, for each office to be filled at the election. Every such certificate of nomination shall state such facts as may be hereinafter required for its acceptance, shall be signed by the presiding officer and by the Secretary of the Convention or caucus, who shall add thereto their places of residence, and shall add thereto their affidavit that the affiants were such officers and that said certificate is true to the best of their knowledge and belief. (Amd. Act 48, 1914, p. 120.)
2989. [Sec. 50.] Nomination of candidates for electoral districts of State or for municipal or for parish or ward officers may be made by nomination papers, signed for each candidate by qualified voters of such district or division, to the number of at least one thousand for any officers to be voted for by the electors of the State at large; one hundred for parish or municipal officers, members of the Legislature or Congress, and twenty-five for ward officers.
Signatures and Affidavits to Nomination Papers.
2990. [Sec. 51.] Each voter signing a nomination paper shall add to his signature his place of residence, with the street
and number thereof, if any; and each voter may subscribe to one nomination for each office to be filled and no more, and all signatures and addresses shall be made in person. The nomination papers shall, before being filed, be respectively submitted to the Registrar of Voters of the parish in which the signers purport to be qualified voters, and each Registrar to whom the same is submitted shall forthwith certify thereon what number of signatures are names of qualified voters, in the parish for which he is a Registrar and in the division for which the nomination is made; and it shall be the duty of the Registrar of Voters to certify to at least fifty per cent. more names of registered voters on application for nomination papers than are required by law to make a nomination under the provisions of this act; one of the signers to each separate paper shall attach thereto his affidavit that the statements therein are true to the best of his knowledge and belief, and he shall also add his postoffice address. A signature once affixed to a nomination paper cannot be withdrawn after certification by the Registrar. (Amd. Act 132, 1900, p. 200.)
What Nomination Papers Shall Contain.
2991. [Sec. 52.] All certificates of nomination and nomination papers, shall, besides containing the names of candidates, specify as to each (1) the office for which the candidate is nominated; (2) the party or political principle which he represents, expressed in not more than three words; (3) his place of residence and his place of business, if any; and in case of nomination for a city office, with street and number thereof, if any. In the case of electors of President and Vice-President of the United States, the names of the candidates for President may be added to the party or political appellation.
What Percentage of Votes Cast Entitles to Use of Party Emblem.
2992. [Sec. 53.] Candidates nominated otherwise than by political parties, which at the preceding State election, or at the preceding United States Presidential election polled at least ten per centum of the entire vote cast in the State, shall not use the name of any such political party designation of their candidates so otherwise nominated; except as describing and preceding some other name or term; and in case a nomination is made by nomination paper, only the words "Nomination Paper" only or abbreviated as "Nom. Paper," shall be added after such desig
nation, which in such cases shall not consist of more than two words. (Amd. Act 58, 1914, p. 148.)
Filing Nomination Certificates.
2993. [Sec. 54.] Certificates of nomination, made under the provisions of this act shall be filed with the Secretary of State before 5 o'clock p. m. on the fifth Tuesday before the day of election; and nomination papers shall be filed with the Secretary of State before 5 o'clock p. m. on the fourth Tuesday before the day of election; provided, that in cases where, under the law, it becomes necessary to hold an election to fill a vacancy such certificate of nominations and nomination papers shall be filed not less than fifteen full days before the day of election. (Amd. Act 132, 1900, p. 201.)
2994. [Sec. 55.] The certificates of nomination and nominating papers being so filed and being in apparent conformity with the provisions of this act, shall be deemed to be regular, unless objection to their regularity is made in writing within the 72 hours after the last day allowed by law for filing of such papers. Such objections arising in relation thereto shall be considered by a Contest Board composed of the Secretary of State, the Auditor and the Treasurer and two electors to be appointed by the Governor within twenty-four hours after the last day and hour for the filing of the objections, and the decision of the majority of these officers shall be final. In case such objection is made, the objector shall at the same time notify the party or parties affected thereby, and shall certify under oath to the Secretary of State in what manner he has notified such party. If for any reason no decision shall be arrived at within said time, the certificate shall be considered regular. It shall be proper for the officers above named, in the decision of any question as to the proper political party designation of candidates nominated by certificates of nomination and those nominated by nomination papers. (Amd. Act 132, 1900, p. 201.)
State ex rel. Tebault vs. Secty. State, 122 La. 188.
2995. [Sec. 56.] Whenever under the provisions of this act a greater number of candidates are nominated for any office, through certificates of nomination bearing the same party designation, than there are persons to be elected to such office, it shall
be the duty of the aforesaid officers (see Section 55) to determine which of said candidates, if any, is entitled to such party designation, and no greater number of candidates for any office shall appear upon the official ballot bearing any one party designation than there are persons to be elected to such office, and the name of no candidate shall appear on the official ballot in more than one place. (Amd. Act 132, 1900, p. 201.)
2996. [Sec. 57.] Any person whose name has been presented as a candidate may cause his name to be withdrawn from nomination by request in writing, signed by him and acknowledged before an officer qualified to administer an oath, and filed with the Secretary of State, within seventy-two hours succeeding the last day fixed for the filing of such certificates and nomination papers, and no name so withdrawn shall be printed upon the ballots. No nomination published as hereinafter provided shall be subsequently omitted as irregular.
2997. [Sec. 58.] In case a candidate who has been duly nominated under the provisions of this act shall cause his name to be withdrawn from nomination as provided in Section 57, or shall be found by the officers named in Section 55 to have been irregularly nominated, the vacancy may be supplied by the political party or other person making the original nomination in the same manner in which the original nomination was made, provided, that the new nomination be filed with the Secretary of State before the four or three weeks prior to the day of election as required by Section 54 of this act. In case of death, and in such case only, this vacancy may be supplied if the nomination was made by a convention or caucus in such manner as the convention or caucus has previously provided for the purpose or in case of no such previous provision, then by regularly chosen general or executive committee representing the political party or persons holding such convention or caucus, provided, such new certificate of nomination or nomination paper shall be filed with the Secretary of State fourteen full days before the day of election. The certificates of nomination made for supplying such vacancy shall state, in addition to the other facts required by this act, the name of the original nominee, the date of his death, withdrawal, or the ascertainment of the irregularity of his nomination certificate or paper, and the measures taken in accordance
with the requirements filling the vacancy; and it shall be signed and sworn to by the presiding officer and secretary of the convention or caucus, or by the chairman and secretary of the duly authorized committee, as the case may be. The name so supplied for the vacancy shall, if the ballots for the office are not already printed, be placed on the ballots instead of the original nomination; or if the ballots have been printed, new ballots containing the new nomination shall, whenever practicable, be printed.
Blanks for Nomination.
2998. [Sec. 59.] The Secretary of State shall furnish, upon application, blank forms for the nomination of candidates. Nomination Papers Open to Inspection.
2999. [Sec. 60.] All certificates of nomination and nomination papers when filed shall be open under proper regulations to public inspection and the Secretary of State shall preserve the same in his office not less than one year.
Promulgation of Nominations.
3000. [Sec. 61.] It shall be the duty of the Secretary of State to promulgate within twenty-four hours of the receipt thereof, in the official journal of the State, the names of all persons nominated under the provisions of this act, together with the office for which such nomination is made, whenever the nominations are made for a State, electoral and congressional office. Nominations for district, judicial or senatorial promulgations shall be made by the Registrar of Voters of the parish where the convention is held or nomination paper certified to, and published in the official journal of, and at the expense of the several parishes of the district. Nominations for parochial, ward and municipal officers by the Registrar of Voters of the parish within which said nominations are made in the official journal of, and at the expense of the parish. (Amd. Act 132, 1900, p. 201.)
How Delay Reckoned.
3001. [Sec. 62.] In reckoning the number of days mentioned in this act, Sundays and holidays shall be included; provided, however, that if the final day mentioned shall fall on Sunday or a holiday, the first day previous to such day or days shall be considered the final day if the period of time precedes a certain day, act or event, and the first day following such day or days shall be conisdered the final day if the period of time follows a certain day, or event.