xt79w08w9v4d https://nyx.uky.edu/dips/xt79w08w9v4d/data/mets.xml Kentucky. 1919  books b98-61-43711284 English State Journal Company, : Frankfort, Ky. : This digital resource may be freely searched and displayed.  Permission must be received for subsequent distribution in print or electronically.  Physical rights are retained by the owning repository.  Copyright is retained in accordance with U. S. copyright laws.  For information about permissions to reproduce or publish, contact the Special Collections Research Center. Election law Kentucky.Lewis, James P. Kentucky election laws, primary law and Corrupt Practice Act  / compiled by James P. Lewis, Secretary of State with the aid and advice of the Attorney General, January 1, 1919. text Kentucky election laws, primary law and Corrupt Practice Act  / compiled by James P. Lewis, Secretary of State with the aid and advice of the Attorney General, January 1, 1919. 1919 2002 true xt79w08w9v4d section xt79w08w9v4d 



     KENTUCKY


     Election Laws


     Primary Law

           AND


Corrupt Practice Act



      COMPILED BY

  JAMES P. LEWIS
    Secretary of State

WITH THE AID AND ADVICE OF THE

  ATTORNEY GENERAL



Jaiuary 1, 1919

 



     KENTUC KY


     Election Laws


     Primary Law

           AND


Corrupt Practice Act



      COMPILED BY

  JAMES P. LEWIS
    Secretary of State

WITH THE AID AND ADVICE OF THE,

  ATTORNEY GENERAL



January 1, 1919

  








































THE STATE JOURNAL COMPANY
  Printer to the Commonwealth
      Frankfort, Kentucky.

 


















      DEPARTMENT OF SECRETARY OF STATE.
James P. Lewis, Whitesburg, Ky ................................ Secretary of State
E. Matt Karr, Lexington, Ky. ......... Ass't Secretary of State

            CORPORATION DEPARTMENT.
J. L. McCoy, Owingsville, Ky .............................  Corporation Clerk
Mrs. Hallie C. Harper, Frankfort, Ky....Ass't Corporation Clerk
A. J. Sturgill, Whitesburg, Ky     ............... ..... General Clerk
John Emerson Lewis, Georgetown, Ky .    .   ............... ..................... ..... Copyist
Marie F. Lockett, Henderson, y   . ........ Private Secretary

  








KENTUCKY STATUTES



                         GOVERNING


         ELECTIONS



                   (Act of June 30, 1892.)

                        ARTICLE I.

                     General Provisions.
     1437. Mcaniing of the word election. Whenever in this
chapter the word "election," or an equivalent expression, is
used in reference to a State, district, county or municipal elec-
tion, it shall be deemed to include the decision of questions
submitted to the qualified voters as well as the choice of offi-
cers by them.
     1438. Powers of sheriff, deputies and acting officers.
Whenever a   duty is imposed upon or a power confided to a
sheriff in reference to an election, the same shall apply to any
other officer or person acting as such concerning an election,
and to the deputies of the sheriff, such other officer or person,
in the same manner as if the duty were imposed upon or the
power confided expressly to such other officer, person or depu-
ties, except that, in canvassing the returns or giving the cast-
ing vote in the election of a county judge to fill a vacancy, no
deputy shall act without the express written authority of the
principal.
     1439. Qualification of voters. Every male citizen of the
United States of the age of twenty-one years, who has resided
in the State one year, and in the county six months, and in the
precinct in which he offers to vote sixty days next preceding
the election, is a voter in said precinct and not elsewhere; but

 



KENTUCKY ELECTION LAWS.



the following persons are excepted and 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 high
misdemeanor as the General Assembly may declare, shall operate
as an exclusion from the right of suffrage; but persons hereby
2xcluded may be restored to their civil rights by executive
pardon. (Con., sec. 150.)
    2. Persons who, at the time of the election, arc 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.)
      1440. Soldiers, seamen and marines-not deemed resi
dents. No person in the military, naval or marine service of the
United States shall be deemed a resident of this State by reason
of being stationed within the same; nor shall any such soldier,
seaman or marine have the right to vote. (Con., sec. 146.)
      1441. Municipal elections-payment of poll-tax. At all
municipal elections, where the charter of a municipality re-
quires the payment of a poll-tax as a prerequisite to vote, the
payment of said tax shall be a condition precedent to said
right.
      1442. Definition of "officers of election." "Officers of
election," as used in this chapter, means a judge, clerk or
sheriff, or person acting as sheriff at an election, also a mem-
ber of the board for canvassing the returns.

                        ARTICLE II.

                          Precincts.
     1443. Election precincts-number of voters in-redivis-
ton-change of voting place. The county court of each county
in this State shall, on or before the August term of said courts,
divide the justices' districts of each of said counties into elec-
tion precincts, and establish the name or number and boun.
daries of same, and place of voting in each precinct. There
shall be but one voting place in a precinct. Each precinct
shall contain, as nearly as practicable, three hundred voters,
based on the number of votes cast at the last election for Pres.



6

 



KENTUCKY ELECTION LAWS.



idential electors; but no precinct shall contain more than three
hundred and fifty voters. If at any election hereafter mores
than three hundred and fifty votes shall be cast at any voting
place, it shall be the duty 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 pos-
sible, so that the new precincts formed thereof shall each contain
three hundred 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
morning 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.
      1444. Power of county court to change boundaries or di-
vide precincts. The county court of any county may change
the boundaries of any precinct within sixch county or divide
any precinct into two or more precincts, or consolidate two or
more precincts into one, or change any place of holding elec-
tions whenever public convenience or the public good may re-
quire it: Provided, That no such change, division or consolida-
tion shall be made after the June term of each court next pre-
ceding 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 circula-
tion therein or by posters put up in four of the most public
places in said precinct: And provided, further, That no precinct
shall be enlarged so as to contain more than three hundred and
fifty voters.
     1445. Towns or cities with corporate limits in several
counties-ballots-mode of conducting and certifying election.
In any town or city 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 bal-
lots prepared for the State, county, district or precinct elec-
tions, shall prepare a ballot book of similar form and requi-
sites 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 pmuni-
cipal officers for such town or city are required to be chosen,



7

 



KENTUCKY ELECTION LAWS.



or at which any question is to be submitted to the voters of
such town or city. Only the names of such persons as are can-
didates for municipal officers 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 elec-
tioIl at which they are to be used. The officers of the election of
the county precinct embracing a part of the territory within the
corporate limits of such toWn. or city, in addition to the bal-
lots for State, county, district or precinct, shall furnish to each
voter residing in such 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 herein provided for such municipal election, which ballot
the voter 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 re-
spect 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 dis-
pose of such municipal ballots at the same time, and shall cer-
tifv 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 embracing 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 such 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 therefrom give triplicate certificates of
election, in writing, over their signatures, of the persons who
appear to have received the highest number of votes for offi-



8

 



KENTUCKY ELECTION LAWS.



cers of such town or city, one copy of the certificate to be re-
tained 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 Secretary of State. The certificate of the votes on any
question submitted to the voters of such town or city shall be
delivered as provided by the law or ordinance under which the
vote was taken. Such town or city shall pay the expenses of
preparing the ballots for such municipal election. (Section as
anteiided by act of March 15, 1894. See, further, sec. 1596a,
sub-sec. 5.)

                        ARTICLE III.
                  Elections, How Conducted.

      1446. Secret ballot. Axcept in school elections. In all
elections hereafter held in this State on any subject which may
by law be submited to a vote of the people, and for all or any
State, district, county or municipal officers, except school trus-
tees and other common school district elections, the voting
shall be by secret official ballots, printed and distributed as
hereinafter provided, and no other ballots shall be used. (Elec-
tion of School Trustees, sec. 4434; Con., sec. 147.)
      1451. Vacancy in office of sheriff or disability-who to
act. If the office of sheriff is vacant, or if the sheriff, or his
deputy, is a candidate at any election, all his duties pertain-
ing to that election shall be performed by the coroner and such
deputies as he may appoint for that purpose. If the coroner
is absent, or his office vacant, or he is a candidatet then such
duties of the sheriff shall be performed by some person ap-
pointed for that purpose by the presiding judge of the county
court, and the deputies of such person.
     1452.  Ballots, printing and   delivery-how   paid for.
The printing and delivery of the ballots and cards of instruc-
tion to voters hereinafter described shall, in municipal elec-
tions, be paid for by the several cities respectively; and in all
other elections the printing of the ballots and cards of instruc-
tions for the voters in each county, and the delivery of them
to the several voting precincts, shall be paid for by the several
counties respectively.



a

 



KENTUCKY ELECTION LAWS.



      1453. Ballots-how names of candidates placed on-de-
 vice indicating party-powers and duties of county clerk.
 The county clerk of each county shall cause to be printed on
 the respective ballots the name of the candidates nominated
 by the convention or primary election of any party that cast two
 per cent of the total vote of the State at the last preceding
 general election, as certified to the said clerk by the presiding
 officer and secretary of said convention, or in the case of a pri-
 mary 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 qualified to vote for such
 candidates, as follows: For a State officer, or any officer for
 whom all the electors of the State are entitled to vote, one
 thousand petitioners; for a Representative in Congress from
 any congressional district, or any other district except as here-
 in provided, four hundred petitioners; for a county officer or
 member of the General Assembly, one hundred petitioners;
 for an officer of a precinct, or any other ward, or other division
 less than a county, twenty petitioners. The signatures of such
 petition need not be appended to one paper, but no petitioner
 shall be counted except his residence and postoffice address be
 designated. Such petition shall state the name and residence
 of each of such candidates; that he is legally qualified to hold
 such office; that the subscribers desire, and are legally quali-
 fied, to vote for such candidate; and shall designate a brief
 name or title of the party or principle which said candidates
 represent, together with any simple figure or device by which
 they shall be designated on the ballot.  The certificate of
 nomination by a convention or primary election shall be in
 writing, and shall contain the name of each person nominated,
 his residence and the office to which he is nominated, and shall
 designate a title for the party or principle which such conven-
 tion or primary election represents, together with any simple
 figure or device by which its list of candidates may be desig-
 nated on the ballots; said certificate shall be signed by the pre-
 siding officer and secretary of such convention, or by the chair-
 man and secretary of the county, city or district committee, who
 shall add to their signatures their respective place of residence,
and acknowledge the same before an officer duly authorized to



10

 




KENTUCKY ELECTION LAWS.



administer oaths. If the certificate of nomination of any State
convention shall request that the figure or device selected by
such convention be used to designate the candidates of such party
on the ballots for all elections throughout the State such figure
or device shall be used until changed by request of a subsequent
State convention of the same party. Such device may be any ap-
propriate symbol; but the coat of arms or seal of the State, or
of the United States, the national flag, or any other emblem com-
mon to the people at large, shall not be used as such device. A
certificate of such acknowledgment shall be appended to such
instrument. In case of death, resignation or removal of any can-
didate subsequent to nomination, unless a supplemental certifi-
cate or petition of nomination be filed, the chairman of the
State, county or city district committee shall fill such vacancy.
Certificates and petitions of nomination of candidates for all
offices to be filled by the electors of a county, or a division or
district of the county, shall be filed with the county court clerk:
Provided, however, That if any political party entitled to nom-
inate by convention shall in any case fail to do so, the names of
all nominees by petition for any office who shall be designated in
their petition as members of, and candidates of, such party, shall
be printed under the device and title on the ballots as if nomi-
nated by a convention. Certificates and petitions of nomination
of candidates for offices to be voted for by the electors of the
State, other than members of the General Assembly, or of any
division or district of the State exclusively, shall be filed with
the Secretary of State. In the event two or more persons who
have filed certificates of nomination with the said Secretary of
State or county clerk shall claim to be the nominee of the same
political party the governing authority of said political party
shall designate, in writing, to said Secretary of State and county
clerk which of said candidates shall be entitled to the party em-
blem; provided, however, If there be two or more contending ex-
ecutive committees of the same party in the county or district,
then that county or district, executive committee which is recog-
nized by the State governing authority of such party, by the
written certificate of the chairman thereof, shall be recognized
by the county clerk and Secretary of State. (This section is



11

 



KENTUCKY ELECTION LAWS.



sec. 1 of an act of October 16, 1900, and, as it covers every part
of the original section, it is inserted as a substitute for it.)
      1454. Certificate and petition of nomination-candidate's
nanic placed on, ballot. If any certificate or petition of nomi-
nation shall contain the name of more than one candidate i'or
any office to be filled, neither name shall be printed as a can-
Jidate for such office. If any person shall join in nominating,
by petition, more than one nominee for any office to be filled,
such person shall not be counted as a petitioner for either
nomiinationi. If any person has been nominated as a candi-
date for any office by convention, and also as a candidate for
the same office by petition, his name shall be placed on the
ballot but once, to-wit: In the list of candidates nominated by
such convention; and the place occupied by his name in such
petition shall be left blank: Provided, That if such candidate
shall, in writing, prior to the last day for filing nominations,
request that his name be printed as nominated by petition, it
shall be so printed, and shall be omitted from the list nominated
by the convention.
      1455. Certificates and petitions preserved. The Secretary
of State and county clerks shall cause to be preserved in their
respective offices all certificates and petitions of nomination filed
therein under the provisions of this act for six months after the
election for which such nominations were made.
      1456. Certificates and petitions to be filed before election.
Certificates and petitions of nomination filed with the Secre-
tary of State shall be filed not more than seventy-five days, and
not less than forty-five days, before the day fixed by law for the
election of the persons in nomination. Certificates and petitions
of nomination herein directed to be filed with the clerk of a
county shall be filed not more than seventy-five and not less than
forty-five days before election. (Act 1892, as amended 1918.)
     1457. Secretary of State to certify to county clerks names
of candidates-vacancy in, General Assembly. Not less than
forty days before the election of such officers as are required
to file their certificate of nomination with the Secretary of State
said Secretary of State shall certify to the respective county
court clerks of the various counties which are entitled under
the law to participate in the election of the respective candi-



12

 



KENTUCKY ELECTION LAWS.



(fates, the name and place of residence of each candidate for
each respective office, as specified in the certificates and peti-
tions of nomination filed with him, and shall designate therein,
subiject to the provisions of this act, the device under which the
group or list of candidates, or candidate, of each party shall be
printed, in the order in which they shall be arranged on the bal-
lot: Protided, however, Should a vacancy occur in the General
Assembly and a writ of election issued to fill said vacancy, the
Ptition or certificate of nomination may be filed ten days before
tihe day of election, and if filed with the Secretary of State shall
be immediately certified to the proper county court clerk. No
writ for the election of a member of the General Assembly shall
be issued, except so as to enable the sheriff to give notice thereof,
as now provided by law at least fifteen days before the day of
election. (This section is sec. 2 of an act of October 16, 1900, as
amended 11918.)
     1457A. Penalty against coiunty clerk for failing to print
ballots correctly. If the county court clerk shall willfully and
knowingly refuse or fail to have the name of any candidate
printed upon the official ballot in the manner provided for in
this act lie shall forfeit his office and be guilty of a felony, and,
upon conviction, be confined in the penitentiary for not less
than one year nor more than three years. (This section is sec.
3 of an act of October 16, 1900.)
     1458. Names certified-when not to be printed on ballots.
The Secretary of State shall not certify the name of a eandi-
date whose certificate of nomination shall have been filed in his
office who shall have notified him in writing, signed and exe-
cuted with the formalities prescribed for the execution of an
instrument to entitle it to record, that he will not accept the
nomination contained in the certificate or petition of nomina-
ion. The county clerk shall not cause to be published on the
regular ballots, according to section 1460 hereof, the name of any
candidate whose certificate or petition of nomination shall have
been filed in his office who shall have notified him in like manner
that he will not accept the nomination. The names of such
candidates shall not be included in the names of the candidates
to be printed in the ballots as hereinafter provided.
     1459. Public measure-constitutional amendment-how



13

 




KENTUCKY ELECTION LAWS.



voted for. Whenever a constitutional amendment or other
public measure is proposed to be voted upon by the peo-
ple, the substance of such amendment or other public meas-
ure shall be clearly indicated upon the ballot, and two spaces
shall be left upon the right of the same, one for votes favoring
the amendment, or public measure, to be designated by the
word "Yes," and one for votes opposing the amendment or
measure, to be designated by the word "No."     The elector
shall designate his vote by a cross-mark thus (X), placed op-
posite the word "Yes," or the word "No." [Whenever an
amendment to the Constitution has been adopted by the Gen-
eral Assembly, the Secretary of State shall cause such proposed
amendment to be published at least four times in two papers of
general circulation, published in the State, and shall also cause to
be published at the same time and in the same manner the fact
that said constitutional amendment will be submitted to the
voters for their acceptance or their rejection at the next gen-
eral election at which members of the General Assembly are to
be voted for. Such publications shall be made so that the last
publications shall be at least ninety days preceding the elec-
tion at which said amendment is to be voted on, as provided in
sections 256 and 257 of the Constitution. It shall be the duty
of the Secretary of State to certify not less than forty days
before the next general election at which members of the General
Assembly are to be chosen, to the county clerk of each county,
the substance of any constitutional amendment which is to be
voted on, and it shall be the duty of each county clerk to have
the substance of such amendment, as certified by the Secretary
of State, indicated on the ballot, as provided in this section. The
votes cast for and against such constitutional amendments shall
be eounted and canvassed and certified to the State Canvassing
Board in the same manner as the votes cast for any officer elect-
ive by the votes of the whole State. If it shall be found that a
majority of the votes cast for and against said amendment are
in favor thereof, then said amendment shall become a part of
the Constitution. The result of such vote shall be published by
the Secretary of State in two daily newspapers, of general cir-
culation, published in this Commonwealth. The expenses of the
publication herein provided for shall be paid as are the expenses



14

 




KENTUCKY ELECTION LAWS.



of other publications which the Secretary of State is required to
make in connection with elections.] (As amended 1918.)
      1460. Ballots-form of-duty of county clerks-effect of
 X mark under device and opposite name of candidate. The
 county clerks of the several counties shall cause the names of
 all candidates of their respective jurisdictions, where nomina-
 tions for any office specified in the ballot have been duly made
 and not withdrawn, in accordance herewith, to be printed on
 one ballot all nominations of any party or group of petitioners,
 as designated by them in their certificate or petition; or if none
 be designated, under some suitable title and device. If the same
 device for designating candidates be selected by two parties
 or group of petitioners it shall be given to the one which
 first selected it, and the clerk shall select a suitable device for
 the other. The arrangement of the ballot shall in general
 conform, as nearly as practicable, to the plan hereinafter given,
 and the devices named and lists of the candidates of the various
 parties shall be printed in parallel columns, in such order as
 the Secretary of State may direct, precedence, however, being
 given to the party which polled the higher number of votes for
 the head of the ticket in the last preceding election. The de-
 vice of each party shall be placed at the head of the list of
 candidates of the party. The device shall. not be enclosed in a
 square, but immediately under the device shall be placed a circle
 of one inch in diameter. Immediately under it shall be placed
 the name or title of the party ticket, and immediately under
 the name or title the list of candidates of the party, the name of
 each candidate having immediately on its right a small square
 large enough to contain the crossmark by which the voter is
 required to designate his vote. Underneath the name of each can-
 didate shall be left a blank space large enough to contain a writ-
 ten name, and the general arrangement shall conform as nearly
as possible to the following:



15

 



KENTUCKY ELECTION LAWS.



Name of voter
Residence.



-Consecutive number ........



DEMOCRATIC PARTY



REPUBLICAN PARTY



PEOPLE'S PARTY



For Governor-          For Governor-          For Governor-

WM. GOBEL.....         W. S. TAYLOR ......D.JOHN G. BLAIR ....

..............    E......E....] .........    .Eli.
For Lieut-Governor-    For Lieut-Governor-    For Lieut-Governor-

J. C. W. BECKHAM.T.] JOHN MARSHALL        ..El  .   .Eli

..                                 ... .....Eli .

         (And continuing in like manner as to all candidates to be
     voted for at such elections.)
     Name of voter -                  Consecutive number ......
         The secondary stub shall be on the end of the ballot oppo-
    site to that of the several party devices.
         On the back shall be printed "official ballot," the date of the
    election and fac simile of the signature of the clerk who Iias



16

 



KENTUCKY ELECTION LAWS.



caused the ballot to be printed. Should any elector desire to
vote for each and every candidate of one party lie shall make
a cross mark (X) in the circle under the device of said party,
and the vote shall be counted for all the candidates under said
device: Provided, however, If a crossmark (X) be made in a
circle under a party device and a crossmark (X) be also made
after one or more candidates of a different party, or parties, the
vote shall be counted for the candidates so marked, and not
for the candidates for the same offices of the party so marked,
gut the vote shall be counted for the other candidates of said
party. (This section is sec. 4 of an act of October 16, 1900, and,
as it covers fully the original section, it is inserted in its place.)
(See, f urther, sec. 1471.)
      1461. Ballots to be printed and bound in books-stubs-
duties of clerk. They shall be printed on the same leaf with a
double stub, and separated therefrom by a perforated line, and
shall be bound, with stubs attached thereto, into books, one for
each voting precinct, which book shall contain at least fifty per
cent more ballots than the votes cast at such precinct at the
preceding election; except in precincts where registration is
required, the books shall contain as many ballots as there are
registered voters therein, with a reasonable number added to
supply ballots that may be spoiled. Upon the covers of such
books shall be printed the designation of the precinct for which
the ballots have been prepared, and on the -inside of one of the
covers of the book shall be printed the form hereinafter given
for the election return. The main stub shall be printed as
follows: Consecutive number,                (after these words
the consecutive numbers shall be printed, beginning with one
and increasing in regular numerical order); name of voter,
              (after these words the clerk shall set down the
voter's name). In all precincts where registration is required,
in addition to the foregoing, there shall be printed on the main
stub as follows: Residence,              (after this word the
clerk is to set down the voter's residence or registered number).
     1462. Ballots, how printed-duties of Secretary of State
and county clerks-penaltiek. All ballots shall be printed on
plain white paper, sufficiently thick that the printing cannot
be distinguished from the back, which paper shall be of number



17

 



KENTUCKY ELECTION LAWS.



one white book paper, and when 26x40 inches shall weigh 80
pounds to the ream, or if doube cap 40 pounds to the ream; and,
except in elections for a municipal office, shall be furnished to
the county court clerk by the Secretary of State, and it shall be
the duty of the county clerk to notify the Secretary of State
forty-five days before the day of election of the size and the num-
ber of ballots which shall be necessary for said county, estimating
fifty per cent more to the precinct than there were ballots cast at
the last preceding State election, and the Secretary of State shall
furnish the paper as herein provided within five days after said
notification by the county court clerk. If upon any ticket there
be no candidate or candidates for a designated office a blank
space equal to the space that would be occupied by such name
or names, if they were printed thereon, with the blank spaces
herein provided for, shall be left. Should the Secretary of State
fail or refuse to so furnish said paper for the ballots he shall
be guilty of a misdemeanor, and upon trial and conviction by
indictment in the Franklin Circuit Court be fined not less than
one thousand (1,000) dollars and not more than five thousand
(5,000) dollars, in the discretion of the jury. Provided, That
in the year 1900 the notice herein provided for to be given to the
Secretary of State by the county court clerk, shall not be given,
but immediately after the passage of this act and at least fifteen
(15) days before the day of the next ensuing election the Secre.
tary of State shall furnish to the various county court clerks
the paper upon which the ballots shall be printed, which shall
be of the quality as herein provided, and each county shall be
furnished fifty per cent more ballots than were cast in the re-
spective counties at the last precedi