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any corporation, company, individual or association of individ uals organized under the provisions herein to discriminate against. any person, corporation, firm, association or place in the charges for such storage, transportation or conveyance or in the service rendered; but shall receive, store, transport or convey salt, alkali brine and other mineral solutions or the products thereof for any person, corporation, firm or association upon equal terms, charges and conditions with all other persons, corporations, firms or association for like service.

Sec. 10. Emergency. Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval.

Approved, April 19, 1917.

CHAPTER 176.

(House Roll No. 42.)

[Introduced by Mr. Hoffmeister.]

AN ACT to require election boards to prepare and return to the county clerks a summary of the votes cast for each candidate or measure voted for at all general or primary elections.

Be it Enacted by the People of the State of Nebraska:

Section 1. Election-summary of votes-election board prepare. That upon the completion of the canvass of the vote cast in their respective precincts, the judges and clerks of election shall, from the completed tally lists, prepare a separate summary of the vote in their precinct showing the name of each candidate and the office he was voted for together with the total vote cast for and against each measure submitted at the election, stating the total vote cast in the precinct for each candidate and measure. The statement shall be certified to by all of the judges and clerks as showing the correct total votes received by each candidate and measure at the election, and shall be sealed in a separate envelope and returned to the county clerk along with the poll books and ballots as required by Section 2075 of the Revised Statutes for 1913. The county clerk shall open such envelope upon its receipt by him and such

Ch. 177)

Elections-Ballots of Soldiers

395

returns shall be filed and preserved as part of the records of his office and kept for public inspection.

Approved, March 23, 1917.

CHAPTER 177.

(Senate File No. 166.)

[Introduced by Messrs. Lahners and Cronin.]

AN ACT providing for the exercise of the elective franchise by electors of this state who are in the military service of the United States, and to declare an emergency..

Be it Enacted by the People of the State of Nebraska:

Section 1. Elections-ballots of soldiers.-At the first general or special election after the second Monday of January, 1917, every elector in this State who is in the military service of the United States and, because of said service, is absent, on said day, from the city, village, town or voting precinct in which he is entitled to vote as an elector, shall have the same right to give, in the manner hereinafter provided, his ballot for candidates for all officers voted for at said election, and to have said ballot counted for all candidates for said offices, as he would have if present at the time of voting in said election in said city, village, town or voting precinct. The provisions of this act shall not, however, extend to persons in the regular army of the United States.

Sec. 2.

Election commission-votes how cast. The Governor shall, within ten days after the taking effect of this act, appoint two electors of this state who shall serve for a period. of two years. The said commissioners first appointed shall serve for a period of two years commencing on the second Monday of January, 1917, and thereafter on the second Monday of January every two years thereafter, one from the party which polled the highest number of votes for Governor at the last preceding general election for said office at said election, commissioners to receive the ballots of said soldiers pursuant to this act. Said commissioners shall be sworn to faithfully perform

the duties of their appointment, and shall, in proper season to perform said duties, proceed to the several camps, fortresses, military posts, and other places, where Nebraska military organizations or units are then stationed or located, to receive the ballots of such soldiers as are electors of this State, which ballots shall be received by said commissioners not more than thirty nor less than ten days prior to the first Monday preceding any special or general election. The Governor shall fill any vacancy in said commission from whatever cause arising.

Sec. 3. Ballots-form.-Not less than thirty days before said election the Secretary of the State shall prepare and cause to be printed and deliver to said commissioners a sufficient number of official ballots for the use of said soldiers in voting as hereinafter provided. Said ballots shall be prepared and printed in the manner provided for by the general election laws of this State and amendments thereof, except as herein otherwise provided. The names of the candidates for State Senator, County Judge, Representatives, and Justices of the Peace need not be printed on said ballots under the titles of said offices, but the space thereon for the names of said candidates may be left blank. On the back of all said ballots shall be printed, instead of the designation of the city, village, town, ward, or voting precinct, as required by said general election law, the words, "Nebraska Soldier Vote." The Secretary of the State may make such other changes in the form of said ballots and in instructions printed on the stubs thereof as may be found necessary to conform to the provisions of this act, and is hereby authorized to adopt and enforce any rule or order for the purpose of carrying into effect any of said provisions.

Sec. 4. Return of ballots.-Said ballots shall be enclosed and sealed in packages, upon the wrapper of each of which shall appear the number of ballots contained therein, the congressional district for which they are intended a facsimile of the State seal, and such other markings, as the Secretary of the State may deem necessary. Said commissioners shall, on receiving said ballots, give a receipt to the Secretary of State for the ballots so delivered. Said packages shall be opened only by said commissioners at the time when and the place where said ballots are to be delivered to soldiers for marking as hereinafter provided.

Ch. 177)

Sample Ballots-Voting

397

Sec. 5. Sample ballots.-In addition to said official ballots the Secretary of State shall cause to be printed, on pink paper, a number of sample ballots equal to twenty-five per centum of the total number of official ballots printed and delivered as aforesaid, and shall deliver such sample ballots to said commissioners.

Sec. 6. Poll book of soldiers votes.-The Secretary of State shall also provide and deliver to said commissioners a sufficient number of envelopes of suitable size to contain one of said ballots when folded, which envelope shall have printed thereon. suitable blanks for the name of the soldier whose ballot is placed therein, the letter of his company or troops, the proper designation of the military organization or unit to which he belongs or is attached, and the name of the city, town or voting precinct in which said soldier claims the right to vote, and for the signatures of the commissioners, and a facsimile of the signature of the Secretary of the State.

Sec. 7. Voting-how.-Said commissioner shall deliver to each soldier claiming the right to vote under the provisions of this act, one of the said official ballots and give any necessary instructions as to the manner of marking the same. Said soldier shall mark his ballot in the manner provided by the general election laws of this State and amendments thereof, except as otherwise provided by this act. If the party column which he has designated by a crossmark in the circle at its head does not contain the names of candidates for all offices for which he is entitled to vote, he may write, in the space in said column designated for such office, the name of any person for whom he desires to vote for said office. He shall then fold said ballot so that the entire face shall be concealed and, in the presence of said commissioners, shall place said ballot so marked and folded in one of the envelopes provided for the purpose as aforesaid, securely seal said envelope and deliver the same to said commissioners, who shall write upon the outside of said envelope the name of the soldier whose ballot it contains, the proper designation or description of the military organization or unit to which he belongs or is attached, and the name of the city, village, town or voting precinct in which the soldier claims the right to vote, and said commissioners shall endorse thereon their own names and official position.

Sec. 8. Record of votes cast.-Said commissioners shall keep a record of the name, company or troop, and the military organization or unit, of all soldiers whose votes are received by them, and the city, village, town or voting precinct in which each claimed the right to vote, and said commissioners shall certify, in said record, that they delivered to said soldiers the ballots that were received by them, and that they or either of them did not attempt to influence any soldier whose vote they have received as aforesaid either for or against any candidate. Said record, upon the return of the commissioners to this State, shall be sworn to before some proper officer of this state and filed by said commissioners in the office of the Secretary of the State.

Sec. 9. Returns by commissioners. Said commissioners, upon their return to this State, shall forthwith transmit to the clerks of the several cities, villages, towns or voting precincts the envelopes containing the ballots of those soldiers who claim. the right to vote in said cities, villages, towns or voting precincts, respectively, and said commissioners shall return to the Secretary of the State all unused official ballots remaining in their possession, all mutilated ballots, and all unused or mutilated envelopes, with a statement of the number of envelopes and ballots received by them, the number delivered to soldiers by them, the number transmitted by them to each town clerk, and the number returned to said Secretary of State.

Sec. 10. Ballots delivered to election judges. Each city, village, town or precinct clerk receiving any of said envelopes shall before noon on the day of said election, in public meeting, deliver said envelopes to judges of election in the city, town or voting precinct, or if such city, village or town be divided into wards or voting districts, he shall deliver to the judges of election of each ward or voting district the envelopes containing the ballots of soldiers who are duly registered electors in such ward or voting district. Said Judges of Election, if they find that the soldier whose name is endorsed upon the envelope is a duly registered elector of said city, town, ward or voting precinct, shall open said envelope.

Sec. 11. Canvass of votes.-The ballots given, received, and cast under the provisions of this act shall require no further formalities and, except as herein provided, shall be

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