xt759z908v79 https://nyx.uky.edu/dips/xt759z908v79/data/mets.xml Kentucky. 1901  books b98-61-43711250 English G.G. Fetter, : Louisville : Contact the Special Collections Research Center for information regarding rights and use of this collection. Election law Kentucky. Kentucky election laws  / comp. by the secretary of state, with the aid and advice of the attorney-general. February 15, 1901. text Kentucky election laws  / comp. by the secretary of state, with the aid and advice of the attorney-general. February 15, 1901. 1901 2002 true xt759z908v79 section xt759z908v79 





     KENTUCKY



ELECTION LAWS.




         COMPILED BY THE


     SECRETARY OF STATE,


       WITH THE AID AND ADVICE
             OF THE


      ATTORNEY=QENERAL.



FEBRUARY 15, 1901.




   LOUIS VLLE:
Gfo. G. FETTER PRINT ING CO
     1901.

 
This page in the original text is blank.

 










                      I IND IDX




                                                                     Section
Appeals in Contested Election .    ........................................  79
Arrest of Offender Against Law ......................................... 148
Assessor-time of election ............................................     88
      vacancy in office-how filled .    .....................................  95
Attorney, County-time of election ..............    .....................  88
      vacancy in office-how filled ................   .....................  95
Attorney, Commonwealth-time of election .........      ...................  88
     vacancy in office-how filled ...............    .....................  95
Attorney, General-time of election ..............    ......................  88
      vacancy, how filled ...............................................  91
Auditor-time of election ..............................................    88
     vacancy in office-how filled ................   .....................  91
Ballot, Secret...............      ................................     10
      book-to be bound ..............................................      19
      candidates' names on ........................................... 11-14
      clerk, county-duty concerning .................................. 11-14
      distribution of ................ ..................................  19
      defacing-penalty  .......         .........................        41
      destroying-penalty  ........        ........................       38
      device on ................................                         14
      form of ........................ I.........                       14
      marking-penalty . . ..........         ......................     41
      officer not to deposit........      ........................       41
      paym ent  for  ....................................-. 27
      printing, selling-penalty ....................................     29
      printed, to be ........         ...........................        15
      delivery of ...................................                    27
      voting, manner of ..        ................................... 14-36-37
Ballot Boxes-how provide, paid for .................................       33
     destroying, penalty............      .......................      134
     electinu officers, duty concerning ................................  33
Blind Persons-manner of voting ...................................      40
Booths-provision concerning .    ...................................    32
     penalty for injuring  ...............     ....................    129
Bribery defined ...................................                    147
     disfranchises .......         ............................        147
     punishment for...................................            147-148
Candidate-death-removal-withdrawal...............................        11
Cards of Instruction...................................               30-31
Certificates of Nomination............      .......................     11
     of election, granting and form ..........................           73-74
     refusal to give-penalty ............................. 143

 







4                              INDEX.

                                                                   Section
Challenger of Votes ....................................................     42
Challenger, Appointment of       ...........................................  35
Citizenshaip of Voter-how determined      .      ................... 43-44-45
City in Two Counties ...........................                              9
Clerk Court of Appeals-Election, time ...............       .................  86
     vacancy in office-how filled      ................. ...................  91
Clerk, Circuit-time of election     ................... .....................  87
Clerk, County-time of election ............      .............................   6
     vacancy in office-how filled     ................. ....................  95
Commissioner of A. L. and S.-election-time ............        ..............  85
     vacancy-how   filled  .............................................   91
Congressional Election-time of       .................. ....................  84a
Constable-time of election ............................................      95
Contested Election-how to proceed with State offlce, Governor and L. G.      75
     other State officers .    .............................................  'r9
     members of General Assembly .........       .........................  100
Constitutional Amendments-how    voted .......      .......................28
Construction-how-law construed ..........           .......................... 152
Coroner-time of election ...................     ...........................  88
     vacancy in office-how filled ..........      ...........................  95
Counting Vote ........................................................       20
Device .    .......................................................    14
Disabled Persons-Voting .................        ............................  40
Election Commissioners, State Board .........        .........................  69
Election Commissioner, County Board ........           ........................  70
Election-Meaning of the Word ............        ............................  1
Electioneering near Polls .................     ............................ 130
Employes-time to vote ................................................ 135
Expenses of Election-how paid ..................................... 101-102
False Swearing, Subornation of ..................................... 150-151
Felony-disfranchises    ............    .....................................  3
Fiscal Court-time of electing members ..        ...............        88
     vacancy in membership-how filled .95
Governor-time of election .85
     contest, election of .75
     vacancy in office-how filled .94
Grand Jury-Charge to .152
Hours of Election .34
Idiots-Disfranchised.                                                         3
Illiterate persons-manner of vot Lg .40
Insane Persons-Disfranchised.                                                 3
Interfering with Election-penalty .149
jailer-ttime of election .88
     vacancy in office-how filled .95
Judge, Circuit-time of election .87
     v cancy in office-how filled .91
Judge, County-time of election .88
     vacancy Lu office-how filled ........       ..............................  98

 







                                 INDEX.

                                                                     Section
Judge, Court of Appeals-time of election .........    ....................  89
     vacancy in office-how filled .............   .......................  91
Justices of the Peace-time of election ..........    .....................  88
     vacancy-how   filled .  ............................................  96
Lieutenant-Governor-time of election ...........    ......................  85
Limitation of Prosecutions .  ............................................ 156
Liquors, Sale on Election Day ...................  ...................... 136
     local optioU  ...................................................  157
Officersof Election-appointment and qualification .....................  71
     compensation ...................................................  102
     definition of ...................................................    6
     notice of appointment .    ..........................................  71
     oath to be taken by ...............................................  72
     removal of ...................................................    71
     sheriff to notify.......................                          71
     voter may elect, when .    ..........................................  72
Officers not Otherwise Provided for-time of election of .....   ...........  89
Petition, Nominating Candidate ...............    .......................  11
Penalties-Ballots-Printing-Selling   ...........   .......................  29
     defacing or marking .   ............................................  41
     destroying ........................                               134
     disclosing-how marked .....            ...................       132
     having out of room ........................                      128
     wrongful removal of ........................                    128a
     ballot boxes-injury to........................                   134
     booths-injury to ........................                        129
     bribery-punishment ...............................            147-148
     certificate-refusal to give........................              143
     'electioneering near ,polls ...........   ....................    130
     employes-refusing time to vote .....      ...................    135
     false swearing........................                        150-151
     interfering with election......          ..................      149
     officers of election-refusing to obey ................  ........ 137
     violation of duty by ...............................      138-139-140
     canvassing board-acting corruptly ................     ........ 141
     personating voter ........................                        133
     poll books-destroying ........................                   142
     primary election-altering returus .............     ........... 123
     primary election-offenses against ................     ........ 113
     registration book-altering ...............................       117-118
     registration-illegal  ........................                     66
     registration-interfering with  .........      ...............     6t
     registration book-destroying .........       ...............     66a
     vote-receiving Illegal........................                    144
     voter not qualified........................ .                 145-146
Personating Voter-penalty .........          .....                     133
Poll Book, Altering- penalty.......................               .    142
Poll Tax-town election ................................................    6

 







6                              INDEX.

                                                                    Section
Polls to Open and Close ...............      .......................    34
Precincts-Creation of-Altering ...................................... 7-8
Presidential Electors-Meeting of ......................................  104
     payment of ........          ..............................      106
     vacancy-how   filled . ...................................... 105
Primary Election-defined .    ......................................   111
     application of law .   ...................................... 126
     ballots, printing of .  ...................................... 125
     candidates' name on ballot ...................................... 122
     ehallenger for ..........       ............................     127
     committee may order .   ......................................  114
     vote counted by oath of ......................................   124
     expenses of-how paid ....................................... 125
     manner of conducting ....................................... 112
     offenses against ............      ..........................    113
     officers of election ...............   ....................... 121
     registration of voters . ...................................... 116
     books concerning ...       .................................... 117-118
     returns of election to committee .................................. 123
     alteration-penalty .   ...................................... 123
     tie vote-how decided ..........       ................................. 124
     voter-qualification of ..........    .................................  115
     challenging  vote  ............   ....................................  120
Prisoners,  Disfranchised  ............  ..................................  3
Pubie Measure-how voted for .........        ...............................  28
Register of Land Office time of election .......     .......................  85
      vacancy-how   filled.......................                     91-92
Registration-Officers of ...................... 50a-51
      additional registration  ...........   ..............................  54
      aliens may register ..............   ...............................  55
      books-duty of clerk .............     ...............................  52
      copies of book-custody ............    ..............................  57
      delivery of books to officers .......... ............................  65
      challenges to voter................                         51 and 62
      clerk, county-compensation of ........      ..........................  68
      compensation of officers ...........   ..............................  68
      may register persons-when .........        ...........................  62
      county court may strike name from book ......       ................  64
      doubtful voter-marking ..........       ..............................  64
      expenses-how paid .............     .................................  68
      officers of registration-duties ........   ..........................  68
      penalty for false ................ .................................  63
      penalty for violation of law ................................. 66, G6a, 67
      precincts-removal from   ..............     ..................    60
      sickness-absence from ...........       .....................     61
      special registration ........       ........................ 58-59
      time to register .......         .........................        53
Residence of Voter-how determined ................................ 43, 45

 







                                 INDEX.                                      7

                                                                     Section
Resignation-to whom    tendered ................    .......................  99
Rqpresentative at Polls-candidate may have ........          ..................  46
School  Election  ..................................................... 10,158
Seamen-when not to vote ............................................           4
Secretary of State-duties concerning ............       ......................  12
     must furnish ballot paper ....................    ....................  15
     time of election ................................................       85
     vacancy-how   filled .............................................. 91-92
Senator, United States-electioin of ..............     ......................  107
     certificate of election to . .........................................  110
     vacancy in office-how     filled .................................. 108-109
Sheriff s-duties of .........................................2..........      2
     chairman county commissioners ...........      ......................  FiG
     persons who may act in his place ..........       ......................  26
     penalty for failing to perform duty .........      .....................  139
     time of election of ..............................................      88
     vacancy-how    filled ............................................. 91-92
Soldiers- vheau not to vote .............................................      4
Stencils-furnished, how     ..............................................    30
Superintendent of Public Instruction-time of election ......       ...........  85
      vacancy in office-how filled ..................................... 91-92
Superintendent of Schools-time of election ........        ....................  88
      vacancy in office-how filled ..................................... 91-92
Surveyor-time of election .............................................       88
      vacancy-how    filled  ............................................. 91-92
Testimony to Convict Offenders ..................      ......................  155
Tie Vote-how determined by State Board .........           ....................  77
      in two or more counties .    ..........................................  78
      presidential electors .............................................     77
Towns in Two Counties ................................................         9
Treasurer, State-time of election ...............     .......................  85
      vacancy in office-how filled ...................................... 91-92
Voters-cqualificatiknh  of ................................................    3
     challenging-manner of ........................................ 18, 42
     number of, in precinct .    ..........................................   7
     residence-citizenship .    ........................................ 43-44-45
Vote, Counting of ..................................................           20
Voting for person not on ballot ..................     ......................  14
Writ of Election-when to issue ...............        ....................... 92-98

 
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KENTUCKY ELECTION LA WS.






Compiled by the Secretary of State, with the aid

        and advice of the Attorney-General.




                    FEBRUARY 15, 1901.



                    C HAEPTERER             I.



Article
   I.
   II.
 III.
 IV.
   V.
   VI.
 VII.
 VIII.
 IX.
 X.
 XI.
 XII.
 XIII.
 XIV.
 XV.



Section



General Provisions .............................................
Precincts .......................................................
Ballots, Etc. ...................................................
Registration  ...................................................
Commissioner, State and County, Election Officers, Etc..........
Time of Holding Election ......................................
Vacancies, How    Filled  .......................................
General Assembly, Contest Board .............................
Compensation of Officers .......................................
Election of President ..........................................
United States Senator, How Elected ............................
Primary Elections .............................................
Frauds in Election, Etc..........................................
Local Option ...................................................
School Electices ...............................................



1
7
10
50
69
84
90
100
101
104
107
111
128
152
153



   ARTICLE I.

General Provisions.



   1. MEANING
ever in this chapter
pression, is used in



OF THE WORD ELECTION.-When- Constitution,
                                         sec. 147; Gen.
the word "election," or an equivalent ex- Stat., chap 3S,
reference to a State, district, county or art. 1, see. 1.



 1. ELECTION-MEANING OF TERM.
-The word "election," In its constitutional
sense Is used to designate a selection by
the popular voice of a district, county, town
or city, or by some organized body, In con-



tradistinction to the appointment by some
single person or officer. Police Coin'rs v.
pity of Louisville, 3 Bush, 697; Speed v.
Crawford, 3 Met., 207.

 






1  KENTUCKY ELECTION LAWS.



            municipal election, it shall be deemed to include the decision
            of questions submitted to the qualified voters as well as the
            choice of officers bv them.
 (;en. Stat.,   2  POWERS OF SHERIFF, 1)EPUTIES AN) ACTING
see 2.     OFFICERS.-Whenever a duty is imposed upon or a power
            eonfided to a sheriff in reference to an election, the same shall
            apply to any other officer or person acting as such concern-
            ing an election, and to the deputies of the sheriff, such other
            officer or person. in the same muanner as if the duty were im-
            posed upon or the power confided expressly to such other
            officer, person or deputies, except that, in canvassing the re-
            turns or giving the casting vote in the election of a county
            judge to fill a vacancy, no deputy shall act without the ex-
            press written authority of the principal.



Constitution,
sec. 145.





















Constitution.
see. 146.



   3. QUALIFICATION OF VOTERS.-Every male citi-
zen of the United States of the age of twenty-one years, who
has rtesided in the State one year, and in the county six
niontlhs, and in the precinct in which he offers to vote sixty
days next preceding the election, is ta voter in said precinct
and not elsewhere; but the following persons are excepted,
andi shall not have the right to vote. (See Con., sec. 145.)
  1. Persons convicted in any court of competent jurisdiction
of treason or felony or bribery in an election, or of such highi
nlisdemcanor as the General Assembly may declare, shall
operate as an exclusion from the right of suffrage; but per-
sons hereby excluded may be restored to their civil rights
by exe(utive pardon. (Con., see. 150.)
  2. Persons who, at the time of the election, are in confine-
ment under the judgment of a court for some penal offense.
  3. Idiots and insane persons. (See U. S. naturalization
law, page 32, Ky. Stat.)

   4. SOLDIERS, SEAMEN            AND     MARINES-NOT
DEEMED RESIDENTS.-No person in the military, naval or
marine service of the United States shall be deemed a resi-



 3. (1)NATURALIZATION.-A  person
of foreign birth, who made his declara-
tion of Intention to become a citizen in 1870.
a nd had resided in the State and exrerised
without question the right of suffrage, was
ehi sntitled to vote in 1890, althouligh ni
r,-ier admlitting hinll to eitizenshlp was ever
   Cowae. 4'iwn  v. Prowse, 93 Ky.. 156; and
-e Morgan v. iudley, 18 B. M., 693.



(2) PERSONS  DISFRANCHISED   BY
CRIME,.-Under Constitution of 1849, per-
sons convicted of bribery, perjury, forgery,
or other crimes or high misdemeanors, were
excluded from  the right of suffrage. An-
flerson v. Winifree, 85 Ky., 597, Cowan v.
Prowse, 93 Ky., 156; but, under present
Constitution, persons eonvicted of any fel-
ony are excluded. Con.. sec. 145.



10

 





KENTUCXY ELECTION LAWS.



dent of this State by reason of being stationed within the
same; nor shall any such soldier, seamen or marine have the
right to vote.
   5. MUNICIPAL ELECTIONS-PAYMENT OF POLL- Act 1892.
TAX.-At all municipal elections, where the charter of a
municipality requires the payment of a 10oll-tax as a prerequii-
site to vote, the payment of said tax shall be a condition pre-
cedent to said right.



 6. DEFINITION OF "OFFICERS OF ELECTION."-
"Officer of election," as used in this chapter, means a judge,
clerk or sheriff, or persons acting as sheriff at an election, also
a member of the board for canvassing the returns.


                      ARTICLE II.

                        Precincts.



   7.--ELECTION PRECINCTS-NUMBER OF VOTERS
IN-RED1)IVISION--CIIAN(0AE OF VOTINGi PLACE.-The
olluuty court of aealc county in this State shall, on or before
tIhe August ternm of said courts, divide the justices' districts
of each of said counties into election precincts, and establish
the name or nullllm)er and boundaries of same, and place of vot-
ing in each precinct. There shall be but one voting place in a
plrecinct. Each precinct shall contain, as nearly as prac-
ticable, three hundred voters, based on the number of votes
cast at the last election for Presidential electors; but no pre-
cinet shall contain more than three hundred and fifty voters
If at any election hereafter more than three hundred and
fifty votes shall be cast at any voting place, it shall be the
dilly of the sheriff of the election in such precinct to report
the same to the county court, which shall, at its next regular
term, divide such precinct as equally as possible, so that the
new precincts formed thereof shall each contain three hun-
dred voters, as nearly as practicable. If for any good cause,
an election can not be held at the house appointed as the
place of voting, the judges of the election may, on the morn-
ing of the election, adjourn it to the most convenient place,
after having publicly proclaimed the change and posted notice
of the same on said house.



Gen. Stat.,
chap. 33, art. 1,
sew-



Gen. Stat.,
chap. 33, art. 2,
sees. 1. 2.



11l

 





21ENTMIJCKY ELECTION LAWS.



Gen. Stat,-   8. POWER OF COUNTY COURT TO CHANGE BOUN-
ser. 3.    DARIES OR DIVIDE PRECINCTS.-The County Court of
           any county may change the boundaries of any precinct with-
           in such county, or divide any precinct into two or more pre-
           cincts, or consolidate two or more precincts into one, or
           change any place of holding elections whenever public con-
           venience or the public good may require it: Provided, That
           no such change, divison or consolidation shall be made after
           the June term of each court next preceding an election:
             And provided further, That no such change, division, or
           consolidation shall be valid without giving due notice, at least
           one month before any election, by one publication in the
           newspaper published in said county having the largest circu-
           lation therein, or by posters put up in four of the most pub-
           lic places in said precinct: And provided further, That no
           precinct shall be enlarged so as to contain more than three
           hundred and fifty voters.
 Act March    9. TOWNS OR CITIES WITH CORPORATE LIMITS
15, I1K    IN SEVERAL COUNTIES-BALLOTS-MODE OF CON-
           DUCTING ANI) CERTIFYING ELECTION.-In any town
           or city of of the fifth or sixth class, where corporate limits
           include parts of two or more counties, the clerk of the county
           court of each of such counties, in addition to the ballots pre-
           pared for the State, county, district or precinct elections,
           shall prepare a ballot-book of similar form and requisites,
           for the use of voters who reside in that part of such town
           or city that lies in his county, at every election at which mu-
           nicipal officers for such town or city are required to be
           chosen, or at which any question is to be submitted to the vo-
           ters of such town or city. Only the names of such persons
           as are candidates for municipal offices in such town or city,
           or questions submitted to the voters of such town or city,
           shall be placed or printed on said ballots, and then only in
           conformity with, and in pursuance of, the regulations of this
           chapter, or other laws relating to the preparation of ballots
           and applicable to the election at which they are to be used.
           The officers of the election of the county precinct embracing

     8. CHANGING PRECINCT LINES.- another without making any change in the
     The court may ebange the boundary of vot- boundary of the precincts. Cowan v
     Ing precincts, but can not change the vot- Pro.e., 93 Ky., 156.
     lg place of a citizen from one precinct to



12

 




13



a part of the territory within the corporate limits of such
town or city, in addition to the ballots for State, county,
district or precinct, shall furnish to each voter residing in
stuch town or city, and entitled to vote at the precinct for
municipal officers, or upon a municipal question submitted
to the voters of such town or city, a ballot prepared as here-
in provided for such municipal election, which ballot the vo-
ter will mark and fold in the same manner and at the same
time, and deliver to the proper officer of the election in the
same manner and at the same time as is required in respect
to the State, county, district or precinct ballots, and the
same shall be deposited by the officer in the -ballot box with
the other ballots. The officers of the election shall count
and dispose of such municipal ballots at the same time,
and shall certify and return the result thereof in the same
manner as of the other ballots. It shall be the duty of the
canvassing board of elections of the respective counties em-
bracing parts of such town or city, to make duplicate written
certificates over their signatures of the number of votes
given in the county for municipal officers, or upon questions
submitted to the voters of such town or city, one copy to be
retained in the clerk's office of suich county, and the other to
be sent immediately by mail by said canvassing board to the
canvassing board of the county, embracing a part of such
town or city having the largest population, which last named
board shall, between the hours of ten and twelve o'clock
in the morning of the first Tuesday after the election, meet
in the clerk's office of their county, compare the certificates
of the canvassing boards of the several counties, and there-
from give triplicate certificates of election. in writing, over
their signatures, of the persons who appear to have re-
ceived the highest number of votes for offices of such town or
city, one copy of the certificate to be retained in the clerk's
office, another delivered to the clerk of the board of council
of such town or'city, and the other forwarded to the Secre-
tary of State. The certificate of the votes on any question
submitted to the voters of such town or citv shall be deliv-
ered as provided by the law or ordinance under which the
vote was taken. Such town or city shall pay the expense
of preparing the ballots for such municipal election.



KENTUCKY ELECTION LAWS.

 




14                            KENTUCKY ELECTION LAWS.


                                    ARTICLE III.

                                        Ballots.

 Colntitutlon   10. SECRET BALLOT, EXCEP'T IN SCHOOL EIEC-
 sec. 147.   TIONS.-In all elections hereafter held in this State on any
            subject which may by law be submitted to a vote of the lpeo-
            pie, and for all or any State, district, county or inunicip)al
            officers, excelpt school trustees and other common school
            district elections, the voting shall be by secret oflicial bal-
            lots, printed and distributed as hereinafter provided, and no
            other ballots shall be used. (Election of School Trustees,
            sec. 153.)
 Regulating    11. The county clerk of each county shall cause to be print-
 elections.  ed on the respective ballots the name of the candidates nomi-
            nated by the convention or primary election Gf any party that
            cast two per cent. of the total vote of the State at the last pre-
            ceding general election, as certified to the said clerk by the
            presiding officer and secretary of said convention, or in the
            case of a primary election by the secretary and chairman of
            any district committee; and also the names of any candidates
            for any office, when petitioned so to do by electors qualifit d
 Number of pe-to vote for such candidates, as follows: For a State officer.
 titions requir-
 ed.         or any officer for whom all the electors of the State are enti-
            tled to vote, one thousand petitioners; for a Representative
            in Congress from any congressional district, or any other dis-
            trict except a