of not exceeding ten thousand (10,000) dollars to be collected as other claims or demands for money are collected; and if a domestic corporation, in addition to said penalty, it may be dissolved; and if a foreign or non-resident corporation, in addition to said penalty, its right to do business in this state may be declared forfeited. SEC. 27. Any officer, employe, agent, or attorney or other representative of any corporation, acting for or in behalf of such corporation who shall violate this act, shall be punished upon conviction by a fine of not less than one hundred nor more than five thousand dollars, or by imprisonment in the state prison for a period of not less than one nor more than five years, or by both such fine and imprisonment in the discretion of the court or judge before whom such conviction is had. SEC. 29. Any person or persons who shall aid, abet, or advise a violation of this act, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished as provided in this act. SEC. 33. Any twenty-five voters of the state, or of any political division thereof, may contest the right of any person to nomination, position, or office for which said voters had the right to vote, on the ground of deliberate, serious and material violation of the provisions of this act or of any other provisions of law relating to nominations and elections. Any defeated candidate for said nomination, position or office may make said contest. Said procedure shall be commenced by petition filed in the district court of the county in which the candidate whose election is contested resides, and the contest shall be carried on according to law. SEC. 35. Any proceeding under this act contesting any nomination or election must be commenced within ten days after the day of the primary or thirty days after a general election, unless the ground of action is discovered from the statements filed under this act, in which event the action must be commenced within ten and thirty days after such discovery, respectively. SEC. 36. A candidate elected to an office, and whose election thereto has been annulled and set aside for any offense mentioned in this act, shall not, during the period fixed by law as the term of such office, be appointed to fill any vacancy which may occur in such office. . . . Any appointment to an office made in violation of or contrary to the provisions of this section shall be void. SEC. 41. Any person violating any provisions of this act except as otherwise provided herein, shall upon conviction thereof be punished by imprisonment in the county jail for a period of not less than one month nor more than one year, or by imprisonment in the state prison for a period of not less than one year nor more than three years, or by a fine of not less than twentyfive dollars nor more than one thousand dollars, or by both such fine and imprisonment; and no person so convicted shall be permitted to take or hold office to which he was elected, if any, or receive the emoluments thereof. 55. Sample Ballots The election laws of each state prescribe the kind of ballot to be used in each election, and consequently there are practically as many forms of ballots as there are state laws on the subject. It is possible, however, to group the kinds of ballots used into a small number of types, and the sample ballots given on the following pages illustrate certain of the more significant kinds now in use. With the exception of the recall ballot, all are taken from the primaries and elections of 1924. Each ballot has been greatly reduced in size to make it more easy to handle. The primary ballot of South Dakota illustrates all of the features of the ballots commonly used in primary elections. In addition, it contains some features peculiar to the Richards primary law of that state. It shows the form of ballot used in the presidential preference primary. The voter is given an opportunity, not only to help choose the delegates to the national convention, but to express his preference among the aspirants for the nomination. The ballot as actually used is fourteen inches square. The Indiana ballot is typical of the party column type, which is more prevalent than any other. The candidates are arranged in columns according to their party endorsements, and at the head of each column is a party circle with a distinctive emblem to aid the uninformed or illiterate voter. By marking a cross inside the circle a vote is cast for all of the candidates in the list under it. The size of the ballot is twenty-four by thirty, inches. The Massachusetts ballot is a good illustration of the "office block" type of arrangement, in which the names of the candidates are listed under the office to be filled rather than under a party name or emblem; although each candidate is designated as "Republican," "Democrat," etc. There is no opportunity to cast a "straight” vote for all of the candidates of one party by a single operation, but only one cross is necessary to vote for all the presidential electors favoring one candidate. The ballot contains an additional column with seven referendum measures and is sixteen by twenty-four inches in size as actually used. One method of preventing a common type of election fraud is shown in the California ballot. Each voting paper has a number which is torn off when it is deposited in the ballot box. This number is compared with the stub showing the number on the ballot given to the voter before he entered the booth. By this device it is possible for the election officials to make sure that none but the official ballots given to the voters and marked in the booth are cast. The manner in which the initiative and referendum measures are arranged on the ballot in California is also shown. The reproduction is from an official sample ballot which was sent to every registered voter by the county clerk in each county. The actual ballot is nineteen inches square. The recall ballot shows the form used in a recall election in Wildwood, N. J., on July 12, 1921. The ballot is marked as it should be in order to make the recall effective, and shows not only the proposal of recall, but the simultaneous election of a successor to fill the place of the recalled official. In this particular election, one of the three commissioners resigned before the election and thus escaped recall. SOURCES-The recall ballot is used through the courtesy of Messrs. Harper and Brothers, and is taken from R. C. Brooks, Political Parties and Electoral Problems (New York, 1923), 494. The other ballots were furnished through the courtesy of Dr. Harold F. Gosnell, of the University of Chicago. |