Smith v Allwright Petitioners Appendices

    I N  T HE

Supreme Court of the United States
October Term, 1943 

No.

L O N N IE  E. S M IT H , 

vs.
Petitioner,

S. E. A L L W R IG H T , Election Judge, and JA M E S E. L IU Z Z A , 
Associate Election Judge, 48th Precinct of Harris County, 
Texas, Respondent.

PETITIONER’S APPENDICES.

T hurgood Marshall,
New York,

W . J. Durham,
Sherman, Texas,

Attorneys for Petitioner.

W illiam H. Hastie,
Washington, D . C.,

W . Robert M ing, Jr.,
Chicago, 111.,

George M. Johnson,
Berkeley, Calif.,

Leon A . Ransom,
Columbus, Ohio,

Prentice T homas,
Louisville, Ky.,

Carter W esley,
Houston, Texas,

Of Counsel.



APPENDIX A .

The Constitution of the United States:

Article I, Section 2: “ The House of Representa­
tives shall be composed of Members chosen every sec­
ond Year by the People of the several States, and 
the Electors in each State shall have the Qualifications 
requisite for Electors of the most numerous Branch 
of the State Legislature.”

Article I, Section 4: “ The Times, Places and 
Manner of holding Elections for Senators and Repre­
sentatives, shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any 
time by Law make or alter such Regulations, except 
as to the Places of chusing Senators.”
Fourteenth Amendment to the Constitution of the 

United States:
Section 1, “ All persons born or naturalized in the 

United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside. No state shall make or enforce 
any law which shall abridge the privileges or im­
munities of citizens of the United States; nor shall 
any State deprive any person of life, liberty, or prop­
erty, without due process of law; nor deny to any 
person within its jurisdiction the equal protection of 
the laws.”
Fifteenth Amendment to the Constitution of the 

United States:
Section 1, “ The right of citizens of the United 

States to vote shall not be denied or abridged by the 
United States or by any State on account of race, 
color, or previous condition of servitude.”
Seventeenth Amendment to the Constitution of the 

United States:



2

“ The Senate of the United States shall be com­
posed of two Senators from each State, elected by the 
people thereof, for six years; and each Senator shall 
have one vote. The electors in each State shall have 
the qualifications requisite for electors of the most 
numerous branch of the State legislatures.”
* * * * * * * * *
Section 31 of the United States Code:

“ Eace, color, or previous condition not to affect 
right to vote.”

“ All citizens of the United States who are other­
wise qualified by law to vote at any election by the 
people in any State, Territory, district, county, city, 
parish, township, school district, municipality, or 
other territorial subdivision, shall be entitled and al­
lowed to vote at all such elections, without distinction 
of race, color or previous condition of servitude; any 
constitution, law, customs, usage, or regulation of any 
State or Territory, or by or under its authority, to 
the contrary notwithstanding.”
Section 43 of Title 8, United States Code:

“ Civil action for deprivation of rights”
“ Every person who, under color of any statute, 

ordinance, regulation, custom, or usage, of any State 
or Territory, subjects, or causes to be subjected, any 
citizen of the United States or other person within 
the jurisdiction thereof to the deprivation of any 
rights, privileges, or immunities secured by the Con­
stitution and laws, shall be liable to the party injured 
in any action at law, suit in equity, or other proper 
proceeding for redress.”



3

APPENDIX B.

Comparative Table— Texas and Louisiana Constitu­
tional and Statutory Provisions Applicable, 

to Primary Elections.

(Note: This comparison is based upon the case of U. S. 
v. Classic and the specific statutory provisions relied upon 
there as showing the primary election to be an integral part 
of the election machinery of the state.)

L ouisiana

1. All political p a r t i e s ,  
which are defined as 
those that have cast at 
least 5 per cent of the 
total vote at specified 
preceding elections, are 
required to nominate 
their candidates for rep­
resentatives by direct 
primary elections. (Lou­
isiana Act No. 46, Reg­
ular Session, 1940, Sec­
tions 1 and 3.)

2. The primary is con­
ducted by the state at 
public expense. (Act No. 
46 supra, sec. 35.)

'Texas

1. All political p a r t i e s ,  
which are defined as 
those that cast 1000 or 
more votes at the last 
general election, are re­
quired to nominate their 
candidates for repre­
sentatives, etc., in pri­
mary elections. (Ver­
non ’s R e v i s e d  Civil 
Statutes (19 3 6), Art. 
3101.)

2. The primary is con­
ducted by an election 
j u d g e  and associate 
e l e c t i o n  judge, ap­
pointed by the chair­
man of the c o u n t y  
executive committee of 
the party ( R e v i s e d  
Statute s u p r a ,  Art. 
3104), at the expense of



4

L ouisiana

3. The ballots are printed 
at public expense (Sec. 
35 of Act No. 46, supra).

4. Are furnished by the 
Secretary of State (Sec. 
36).

5. In a form prescribed by 
statute (Sec. 37).

6. Close supervision of the 
delivery of the ballots 
to the election commis­
sioners is prescribed 
(secs. 43-46).

7. The polling places are 
required to be equipped 
to insure secrecy (Sec. 
48-50; secs. 54-57).

8. The selection of elec­
tion commissioners is 
prescribed (Sec. 6).

the candidate for nomi­
nation at the various 
primary elections (Art. 
3108).

3. The ballots are printed 
at the expense of the 
candidates (Art. 3108, 
supra).

4. Are furnished by the 
c o u n t y  committee in 
each county (Art. 3109)

5. In a form prescribed by 
statute (Art. 3109).

6. C l o s e  supervision of 
and responsibility for 
the delivery to the pre­
siding judge of the sup­
plies necessary to hold 
the e l e c t i o n  is pre­
scribed (Art. 3119).

7. “ The same precautions 
required by law to se­
cure the ballot box in 
general elections, in re­
gard to the ballot boxes, 
sealing the same, watch­
ful care of them, the 
secrecy in preparing the 
ballot in the booth or 
places prepared for vot­
ing shall be observed in 
all primary elections.”  
(Art. 3122)

8. The selection of the pre­
siding judge and other 
primary officials is pre­
scribed (Art. 3104).

T exas



5

9. And their duties de­
tailed.

10. The commissioners must 
swear to conduct the 
e l e c t i o n  impartially 
(sec. 64).

11. And are subject to pun­
ishment for deliberately 
falsifying the returns or 
destroying the lists and 
ballots.

12. They must identify by 
certificate the b a l l o t  
boxes used (sec. 67).

13. Keep a triplicate list of 
voters (sec. 68).

14. Publicly canvass the re­
turn (sec. 74).

L ouisiana

15. And certify the same to 
the Secretary of State 
(sec. 75).

16. The Secretary of State 
is prohiibted from plac­
ing on the official ballot 
the name of any person 
as a candidate for any 
political party not nomi­
nated in accordance with 
the provisions of the 
Act (Act 46, sec. 1).

9. And their duties de­
tailed (Art. 3105).

10. The election judges are 
required to take the oath 
required of such offi­
cers in general elections 
(Art. 3104).

11.

T exas

12. They must identify by 
certificates the ballot 
boxes used (Art. 3124).

13. Keep a triplicate list of 
voters (Art. 3124).

14. Returns canvassed by 
the c o u n t y  executive 
committee of the party 
(Art. 3124-3125).

15. And certify the same to 
the county clerk (Art. 
3125, 3127).

16. “ . . . N o  n a m e  shall 
appear on the official 
ballot except that of a 
candidate who was ac­
tually nominated (either 
as a party nominee or 
as a non-partisan or 
independent candidate) 
in accordance with the 
provisions of this title 
. . . ”  (Art. 2978).



6

17. One whose name does 
not appear on the pri­
mary ballot, if otherwise 
eligible to b e c o m e  a 
candidate at the general 
election, may do so 
either of two ways: by 
filing nomination papers 
with the requisite num­
ber of signatures or by 
having his name “ writ­
ten in”  on the ballot 
of the final election. 
(Louisiana Act. No. 224, 
Regular Session 1940, 
sec. 50, 73.) “ No one 
who participates in the 
primary election, of any 
political p a r t y  shall 
have the right to par­
ticipate in a primary 
election of any political 
party with the view of 
nominating opposing 
candidates or c a n d i- 
dates; nor shall he be 
permitted to be himself 
a candidate in opposi­
tion to anyone nomi­
nated at or through a 
primary e l e c t i o n  in 
which he took part.”  
(Sec. 87).

18. “ No person whose name 
is not authorized to be 
printed on the official 
ballot, as the nominee 
of a political party or 
as an independent candi-

L ouisiana

17. One whose name does 
not appear on the pri­
mary ballot, if other­
wise eligible to become 
a candidate, may do so 
by securing and filing 
nomination papers with 
the requisite number of 
signatures, p r o v i d e d  
that one who has voted 
in a primary election in 
w h i c h  candidate was 
chosen for office may 
not sign petition in 
favor of a n o t h e r ’ s 
nomination to said office 
(Art. 3159-3160).

One who was defeated in 
a primary election which 
selected a candidate for 
U. S. Senator, may not 
seek nomination as an 
independent or non-par­
tisan candidate in opo- 
sition to the candidate 
selected in the primarv 
(Art, 3096).

Texas

18. (See Art. 3159, supra) 
A citizen in whose favor 
an application is made 
for a place on the ballot 
as an independent can­
didate, “ shall first file



7

date, shall be consid­
ered a candidate”  un­
less he shall file in the 
appropriate office at 
lease ten days, before 
the general election a 
statement containing the 
c o r r e c t  name under 
which he is to be voted 
for, and containing the 
further statement that 
he is willing and con­
sents to be voted for 
that office. (Sec. 15, 
Article VIII of the Con- 
s t i t u t i o n  of La. as 
amended by Art. 80 of 
1934)

L ouisiana

his written consent with 
the Secretary of State”  
to become a candidate, 
within thirty days after 
primary election day 
(Art. 3161).

T exas



8

APPENDIX C.

Summary and Comparison of Provisions of Revised 
Statutes of Texas for Elections.

E lection L abeled ‘ ‘ Gen­
eral E lection”  and 

H eld November 5,
1940

1. Held under compulsion 
of Article 2930 of Re­
vised Civil Statutes of 
Texas, 1925.

2. Date fixed by Article 
2930.

3. Article 2930 fixes time 
of day for holding elec­
tion.

4. Article 2930 requires 
that all election officials 
shall be qualified voters.

5. Article 2933 fixes same 
qualifications for vot­
ing in this election as 
in ‘ ‘ statutory primary 
election.”

6. Article 2956 (Absentee 
Voting) is same for this 
election as for “ statu­
tory primary election.”

7. Article 2978 provides 
that only Official Ballot 
shall be used.

E lection L abeled ‘ ‘ P ri­
mary E lection”  H eld 

J uly 27, 1940

1. Held under compulsion 
of Article 3101 of Re­
vised Civil Statutes of 
Texas, 1925.

2. Date fixed by Article 
3102.

3. Article 2930 fixes time 
of day for holding elec­
tion.

4. Article 2930 requires 
that all election officials 
shall be qualified voters.

5. Article 2955 fixes same 
qualifications for voting- 
in this election as in 
election labeled “ gen­
eral election.”

6. Article 2956 (Absentee 
Voting) is the same for 
this election as for gen­
eral election.

7. Article 2978 provides 
that only Official Ballot 
shall be used.



9

8. Articles 2980-2941 pro­
vide form of ballot and 
how to mark ballot.

“ General E lection”

9. Article 2984 fixes the 
number of ballots to be 
provided.

10. Articles 2986, 2987, and 
2990 provide for voting 
booths, guard rails, and 
ballot boxes for this 
election.

11. Article 2998 fixes oath 
to be taken by officials 
in this election.

12. Power of judges fixed 
by Article 3002 as fol­
lows :

“ Judges of election 
are authorized to ad­
minister oaths to ascer­
tain all facts necessary 
to a fair and impartial 
election. The presiding 
judge of election, while 
in the discharge of his 
duties as such, shall 
have the power of the 
district judge to en­
force order and keep 
the peace. He may ap-

8. Articles 3109, 3110 pro­
vided form and contents 
of ballot. Also, Art. 
3109 fixes method of 
marking ballot.

9. Article 3109 fixes num­
ber of ballots to be pro­
vided.

10. Article 3120 provides 
that v o t i n g  booths, 
guard rails, and ballot 
boxes of “ general elec­
tion”  may be used in 
compulsory statu tory  
primary election.

11. Article 3104 requires 
officials of this election 
to take same oath as 
officials of “ general 
election.”

12. Power of judges fixed 
by article 310; as fol­
lows :

“ Judges of primary 
elections have the au­
thority, and it shall be 
their duty to administer 
oaths, to preserve order 
at the election, to ap­
point, special observ­
ance of order and to 
make arrests, as judges 
of general elections are 
authorized and required 
to do. Such judges and 
officers shall compel the

“ P rimary E lection”



10

point special peace offi­
cers to act as such dur­
ing the election and may 
issue warrants of ar­
rest for felony, misde­
meanor or breach of 
peace committed at such 
election, directed to the 
sheriff or any constable 
of the county, of such 
special peace officer, who 
shall forthwith execute 
any such warrants, and, 
if so ordered by the 
presiding judge, confine 
the party arrested in 
jail during the election 
or until the day after 
the election, when his 
case may be examined 
into before some magis­
trate, to whom the pre­
siding judge shall re­
port it; but the party 
arrested shall first be 
permitted to vote, if en­
titled to do so unless he 
is drunk from the use 
of intoxicating liquor, 
then he shall not be per­
mitted to vote until he 
is sober.”

13. Articles 3003 to 3025 
contain elaborate pro­
visions for securing pu­
rity of the ballot box.

“ General E lection”

observance of the law 
that prohibits loitering 
or electioneering within 
one hundred feet of the 
entrance of the polling 
place, and shall arrest, 
or cause to be arrested, 
any one engaged in the 
work of conveying 
voters to the polls in 
carriages or other mode 
of conveyance, except 
as permitted by this 
title.”

“ Primaky E lection”

13. Article 3122 provides: 
‘ ‘ the same precau­

tions required by law to 
secure the purity of the 
ballot box in general 
election, in regard to the 
ballot boxes, locking the



11

“ General E lection”

14. Article 3028 requires de­
livery of sealed ballot 
boxes containing ballots, 
etc., to County Clerk 
after this election.

15. Article 3041 provides for 
contest of this election 
before district court.

ballot boxes, sealing the 
same, watchful care of 
the secrecy in preparing 
the ballot in the booth or 
places prepared for vot­
ing shall be observed in 
all primary elections.”

14. Article 3128 requires de­
livery of sealed ballot 
boxes containing ballots, 
etc., to County Clerk 
after this election.

“ P rimary E lection”



12

APPENDIX D.

Constitution of the State of Texas.

ARTICLE VI.

S uffrage.

Section 1. The following classes of persons shall not 
be allowed to vote in this State, to-wit:

First: Persons under twenty-one (21) years of age.

Second: Idiots and lunatics.

Third: All paupers supported by any county.

Fourth: All persons convicted of any felony, subject 
to such exceptions as the Legislature may make.

F ifth : All soldiers, marine sand seamen, employed in 
the service of the Army or Navy of the United States. Pro­
vided that this restriction shall not apply to officers of the 
National Guard of Texas, the National Guard Reserve, the 
Officers Reserve Corps of the United States, nor to enlisted 
men of the National Guard, the National Guard Reserve, 
and the Organized Reserves of the United States, nor to 
retired officers of the United States Army, Navy, and Ma­
rine Corps and retired warrant officers and retired en­
listed men of the United States Army, Navy, and Marine 
Corps.

Section 2. Every person subject to none of the fore­
going disqualifications, who shall have attained the age 
of twenty-one years and who shall have resided in this 
State one year next preceding an election and the last six 
months within the district or county in which such person 
offers to vote, shall be deemed a qualified elector; * * *



13

Section 3. All qualified electors of the State, as herein 
described, who shall have resided for six months immedi­
ately preceding an election, within the limits of any city or 
corporate town, shall have the right to vote for Mayor and 
all other elective officers; but in all elections to determine 
expenditure of money or assumption of debt, only those 
shall be qualified to vote who pay taxes on property in 
said city or incorporated town; provided, that no poll tax 
for the payment of debts thus incurred, shall be levied upon 
the persons debarred from voting in relation thereto.

Section 4. In all elections by the people the vote shall 
be ballot and the Legislature shall provide for the num­
bering of tickets and make such other regulations as may 
be necessary to detect and punish fraud and preserve the 
purity of the ballot box and the Legislature may provide 
by law for the registration of all voters in all cities con­
taining a population of ten thousand inhabitants or more.

Section 5. Voters shall, in all cases, except treason, 
felony or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to and 
returning therefrom.

Texas Civil Statutes.

A rticle 2954. Not qualified to vote.

The following classes of persons shall not be allowed to 
vote in this State.

1. Persons under twenty-one years of age.

2. Idiots and lunatics.

3. All paupers supported by the county.



14

4. All persons convicted of any felony, except those 
restored to full citizenship and right of suffrage, or par­
doned.

5. All soldiers, marines and seamen employed in the 
service of the army or navy of the United States. Acts. 1st 
C. S. 1905, p. 520.

A rticle 2955. Qualifications for voting.

Every person subject to none of the foregoing dis­
qualifications who shall have attained the age of twenty- 
one years and who shall be a citizen of the United States, 
and who shall have resided in this State one year next 
preceding an election, and the last six months within the 
district or county in which he or she offers to vote, shall be 
deemed a qualified elector. The electors living in an un­
organized county may vote at an election precinct in the 
county to which such county is attached for judicial pur­
poses ; provided that any voter who is subject to pay a poll 
tax under the laws of this State or ordinances of any city 
or town in this State shall have paid said tax before offer­
ing to vote at any election in this State and holds a receipt 
showing that said poll tax was paid before the first day of 
February next preceding such election; and, if said voter 
is exempt from paying a poll tax and resides in a city of ten 
thousand inhabitants or more, he or she must procure a 
certificate showing his or her exemptions, as required by 
this title. * * * The provisions of this article as to casting 
ballots shall apply to all elections including general, special 
and primary elections.

A rticle 2956. Absentee voting.

Any qualified elector, as defined by the laws of this 
State, who expects to be absent from the county of his or



15

her residence on the day of the election may vote subject to 
the following conditions, to wit: * * *

A rticle 2975. Lists of voters.

Before the first day of April every year, the county tax 
collector shall deliver to the board that is charged with the 
duty of furnishing election supplies separate certified lists 
of the citizens in each precinct who have paid their poll tax 
or received their certificates of exemption, the names being 
arranged in alphabetical order, and to each name its ap­
propriate number, as shown by the duplicates retained in 
his office, with a description of the voter as to his residence, 
his voting precinct, length of his residence in the State and 
county, his race, occupation and post-office address if not 
in a city of more than ten thousand inhabitants. If the 
county has any unorganized county or counties attached 
to it for judicial purposes, the tax collector shall also de­
liver to said board, before the first day of April of each 
year, as many certified lists of the electors resident in such 
unorganized county or counties, who have paid their poll 
tax or received the certificate of exemption as there are 
election precincts in his county; which lists shall be iden­
tical with those of poll tax payers in his own county, except 
that the voting precinct shall not be stated. The tax collec­
tor of any county containing a town or city of more than 
ten thousand inhabitants shall also furnish to said board, 
not less than four days prior to any primary or general 
election, supplemental lists in the form herein prescribed, 
of all poll tax paying voters who have, since paying their 
poll tax, removed to each voting precinct in each such city 
or town in the county from another county or in another 
precinct in the same county. Said board shall furnish each 
presiding judge of a precinct the certified list and supple­
mental list of the voters of his precinct at the time when he



16

furnishes other election supplies. Such certified lists of 
qualified voters shall be in the following form :

Voters in Election Precinct.

N o ._____________________________________________________

N am e_____________________________________ r____________

Precinct________________________________________________

A g e ------------------------------------------------------------------ --------------

Length of residence in State_____________________________

Length of residence in county____________________________

Occupation _____________________________________________

R a ce ____________________________________________________

Length of residence in city and ward_____________________

Street and number of residence__________________________

Post-office address_______________________________________

A rticle 2978. Official ballot.

In all elections by the people, the vote shall be by official 
ballot, which shall be numbered, and elections so guarded 
and conducted as to detect fraud and preserve the purity 
of the ballot. No ballot shall be used in voting at any gen­
eral, primary or special election held to elect public officers, 
select candidates for office or determine questions sub­
mitted to a vote of the people, except the official ballot, un­
less otherwise authorized by law. At the top of the official 
ballot shall be printed in large letters the words “ Official 
Ballot.”  It shall contain the printed names of all candi­
dates whose nominations for an elective office have been 
duly made and properly certified. The names shall appear 
on the ballot under the head of the party that nominates



17

them, except as otherwise provided by this title. No name 
shall appear on the official ballot except that of a candidate 
who was actually nominated (either as a party nominee or 
as a non-jartisan or independent candidate) in accordance 
with the provisions of this title. The name of no candidate 
shall appear more than once upon the official ballot, except 
as a candidate for two or more offices permitted by the 
Constitution to be held by the same person. The name of 
no candidate of any political party that cast one hundred 
thousand votes or more at the last preceding general elec­
tion shall be printed on any official ballot for a general 
election, unless nominated by primary election, on primary 
election day, except as herein otherwise provided.

A rt. 2979. [2968] Death or declination.— If a nominee 
dies or declines his nomination, and the vacancy so created 
shall have been filled, and such facts shall have been duly 
certified in accordance with the provisions of this title, 
the Secretary of State or county judge, as the case may 
be, shall promptly notify the official board created by this 
law to furnish election supplies that such vacancy has oc­
curred and the name of the new nominee shall then be 
printed upon the official balolt, if the ballots are not al­
ready printed. If such declination or death occurs after 
the ballots are printed, or due notice of the name of the 
new nominee is received after such printing, the official 
board charged with the duty of furnishing election supplies 
shall prepare as many pasters bearing the name of the new 
nominee as there are official ballots, which shall be pasted 
over the name of the former nominee on the official ballot 
before the presiding judge of the precinct indorses his 
name on the ballot for identification. No paster shall be 
used except as herein authorized, and if otherwise used 
the names pasted shall not be counted. [Id. sec. 50.]



18

A rt. 2980. [2969] Form of ballot.— All ballots shall be 
printed with black ink on clear white paper of uniform 
style and of sufficient thickness to prevent the marks thereon 
to be seen through the paper. The tickets of each political 
party shall be placed or printed on one ballot, arranged 
side by side in columns separated by a parallel rule. The 
space which shall contain the title of the office and the 
name of the candidate shall be of uniform style and type 
on said tickets. At the head of each ticket shall be printed 
the name of the party. When a party has not nominated 
a full ticket, the titles of those nominated shall be in posi­
tion opposite the same office in a full ticket, and the titles 
of the officers shall be printed in the corresponding posi­
tions in spaces where no nominations have been made. In 
the blank columns and independent columns, the titles of 
the offices shall be printed in all blank spaces to correspond 
with a full ticket. When presidential electors are to be 
voted on, their names shall appear at the heads of their re­
spective tickets. When Constitutional amendments or other 
propositions are to be voted on, the same shall appear once 
on each ballot in uniform style and type. [Id.]

A rt. 2981. How to mark ballot.— When a voter desires 
to vote a ticket straight, he shall run a pencil or pen through 
all other tickets on the official ballot, making a distinct 
marked line through such ticket not intended to be voted; 
and when he shall desire to vote a mixed ticket he shall do 
so by running a line through the names of such candidates 
as he shall desire to vote against in the ticket he is voting, 
and by writing the name of the candidate for whom he de­
sires to vote in the blank column and in the space provided 
for such office; same to be written with black ink or pencil, 
unless the names of the candidates for which he desires to 
vote appear on the ballot, in which event he shall leave the 
same not scratched. [Id. sec. 53.]



19

A rt. 2984. [2973-4] Ballots furnished.—For each voting 
precinct, there shall be furnished one and a half times as 
many official ballots as there are qualified voters in the 
precinct, as shown by the list required to be furnished by 
the tax collector to precinct judges. The official ballots to 
be counted before delivery and sealed up and together 
with the instruction cards, with poll lists, tally sheets, dis­
tance markers, returning blanks and stationery, shall be 
delivered to the precinct judges, and the number of each 
indorsed on the package, and entered of record by the 
county clerk in the minutes of the commissioners court. 
In like manner, shall be sent the list of qualified voters for 
the precinct certified to by the collector. [Id. secs. 44 and 
48.]

A rt. 2985. [2975] Voters provide form.— If, from any 
cause, the official ballots furnished for an election precinct 
have been exhausted or not delivered to the precinct judges, 
the voters may provide their own ballot after the style of 
the official ballot described in this title. [Id. sec. 47.]

Chapter 7.—A rrangements and E xpenses of E lection

A rt. 2986. [2976] Voting Booths.— Voting booths shall 
be furnished and used at elections at each voting precinct 
in towns or cities of ten thousand inhabitants or more. 
[Acts 1st C. S. 1905, p. 529, sec. 37.]

A rt. 2987. [2977] Booths and guard rails.— There shall 
be one voting booth or place for every seventy citizens who 
reside in the voting precinct and who at the last general 
election paid their poll tax or obtained certificates of 
exemption from its payment, provided, the judges of the 
election may provide as many more booths and places as 
they deem necessary. Each polling place, whether pro­



20

vided with voting booths or not, shall be provided with a 
guard rail, so constructed and placed that only such per­
sons as are inside of such guard rail can approach the 
ballot boxes or compartments, places or booths at which 
the voters are to prepare their votes, and that no person 
outside of the guard rail can approach nearer than six 
feet of the place where the voter prepares his ballot. The 
arrangement shall be such that neither the ballot boxes 
nor the voting booths nor the voters while preparing their 
ballots shall be hidden from view of those outside the 
guard rail, or from the judges, and yet the same shall be 
far enough removed and so arranged that the voter may 
conveniently prepare his ballot for voting in secrecy. 
Where voting boths are required they shall have three sides 
closed and the front side open, shall be twenty-two inches 
wide on the inside, thirty-two inches deep and six feet four 
inches high, contain a shelf for the convenience of the voter 
in preparing his ballot; and shall be so constructed with 
hinges that they can be folded up for storage when not in 
use. The voting booths shall be so arranged that there 
shall be no access to them through any doors, window or 
opening except through the front of the booth; and the 
same care shall be observed in precincts where there are 
no booths in protecting the voter from intrusion while he 
is preparing his ballot. [Id. secs. 38 and 41.]

A rt. 2988. [2978] Open to view.—All booths and voting 
places shall be properly lighted. Every guard rail shall 
be provided with a place for entrance and exit. The ar­
rangement of the polling place shall be such that the booths 
or places prepared for voting can only be reached by pass­
ing within the guard rail; and the booths, ballot boxes, elec­
tion officers and every part of the polling place, except 
the inside of the booths, shall be in plain view of the elec­
tion officers and persons outside the guard rail, among



21

whom may be one challenger for each political party and 
no more. [Id. sec. 40.]

A rt. 2989. [2980] When booth not required.— When vot­
ing booths are not required, a guard rail shall be so placed 
that no one not authorized can approach nearer than six 
feet of the voter while he is preparing his ballot; and a 
shelf for writing shall be prepared for him, with black 
lead pencil, and so screened that no other person can see 
how he prepares his ballot. [Id. sec. 42.]

A rt. 2990. [2981] Ballot boxes marked.— For each elec­
tion precinct, there shall be provided four ballot boxes to 
be marked as follows: “ Ballot box No. 1 for election pre­
cinct N o .--------- ”  (giving name and number of precinct);
“ Ballot box No. 2 for election precinct No.--------- “ Bal­
lot box No. 3 for election precinct No. --------- “ Ballot
box No. 4 for election precinct N o .--------- .”  [Id. sec. 43.]

A rt. 2991. [2982] Ballot boxes.— All ballot boxes shall 
be securely made of metal or wood, provided with a top, 
hinges, lock and key, and an opening shall be made at the 
top of each just large enough to receive a ballot when polled.

A rt. 2992. [2983] Board to provide supplies.—The 
county judge, county clerk and sheriff shall constitute a 
board, a majority of whom may act, to provide the supplies 
necessary to hold and conduct the election, all of which shall 
be delivered to the presiding judges of the election by the 
sheriff or any constable of the county, when not called 
for and obtained in person by the precinct judges. Said 
board shall file with the commissioners court a written 
report of their action as to supplies furnished by the county, 
giving a detailed statement of the expenses incurred in pro­
curing such supplies. [Id. secs. 38 and 39.]



22

A rt. 2993. [2984] Judge to procure.— If, from any cause, 
ballot boxes, voting booths, guard rails or other election 
supplies have not been received by the presiding judge, 
he shall procure them, and they shall be paid for as other 
election supplies. If the certified list of qualified voters 
is not in his possession at least three days before the elec­
tion, he shall send for and proceure them. [Id. sec. 45.]

A rt. 2994. [2986] Collector’s fees for poll taxes.—The 
tax collector shall be paid fifteen cents for each poll tax 
receipt and certificate of exemption issued by him to be paid 
pro rata by the State and County in proportion to the 
amount of poll tax received by each, which amount shall 
include his compensation for administering oaths, furnish­
ing lists of qualified voters in election precincts for use in 
all general and primary elections and primary convention 
when desired, and for all duties required of him under this 
title; provided, that collectors in counties having a popula­
tion in excess of 25,000 as determined by Article 3880, shall 
receive only ten cents for each poll tax receipt and cer­
tificate of exemption issued by him. [Acts 1905, 1st C. S., 
p. 557, § 144; Acts 1930, 41st Leg., 4th C. S., p. 30, ch. 20, 
§ 1.]

Section 10 of Acts 1930 is a repealing clause, and sec­
tion 12 provides that if any provision is held invalid, the 
same shall not affect the remaining portions.

A rt. 2995. [2987] Sheriff’s and constable’s fees.— The 
sheriff or any constable for serving copies of the order 
designating the bounds of election precincts, or the election 
judges, posting notices, and for serving all other writs ox- 
notices prescribed by this title, shall be paid the amounts 
allowed by law for serving civil process. For delivering 
election supplies to precinct judges, when they are not



23

obtained by such judges in person, the sheriff or constable 
shall be paid such amount as the commissioners court may 
allow, not to exceed two dollars for each election precinct. 
[Acts 1905, 1st C. S., p. 557, § 145.]

A rt. 2996. [2988] Expenses for election supplies.—All 
expenses incurred in providing voting booths, stationery, 
official ballots, wooden or rubber stamps, tally sheets, poll­
ing lists, instruction cards, ballot boxes, envelopes, seal­
ing wax and all other supplies required for conducting a 
general or special election shall be paid for by the county, 
except the cost of supplying booths for cities. All ac­
counts for supplies furnished or services rendered shall 
first be approved by the commissioners court, except the 
accounts for voting booths for cities. [Id. sec. 147.]

A rt. 2997. [2989-90] Municipal elections.— The expense 
of all city elections shall be paid by the city in which same 
are held. In all elections in incorporated cities, towns and 
villages, the mayor, the city clerk, or the governing body 
shall do and perform each act in other elections required 
to be done and performed respectively by the county judge, 
the county clerk, or the commissioners’ court. [Id. sec. 45.]

A rt. 3086. Election day.—An election for the elec­
tion of a Senator from Texas to the Congress of the United 
States shall be held on the first Tuesday after the first 
Monday in November of every year immediately preced­
ing the fourth day of March when the term of any United 
States Senator from the State of Texas to the Congress of 
the United States is to expire. At such election no person 
shall be qualified to vote for any candidate for United 
States Senator unless he is a qualified elector in any elec­
tion held to elect members of the most numerous branch



24

of the Legislature of this State. [Acts 1st C. S. 1913,
p. 101.]

A rt. 3087. Vacancy.—When any vacancy occurs in the 
representation of this State in the United States Senate, 
the Governor of this State shall within ten days issue writs 
of election to fill each vacancy, which election shall be held 
not less than sixty days nor more than ninety days after 
such vacancy occurs, provided, if the Congress or Senate 
is in session at the time of such vacancy or should con­
vene before such election or before the result of the same 
can be officially ascertained under law, the Governor shall 
make temporary appointment of a suitable and qualified 
person to represent the State in the United States Senate, 
until the election and qualification of a Senator can be 
made. [Id.]

A rt. 3088. State laws apply.— Every law regulating or 
in any manner governing elections or the holding of pri­
maries in this State shall be held to apply to each election 
or nomination of a candidate for a United States Senator 
so long as they are not in conflict with the Constitution of 
the United States or of any law or statute enacted by the 
Congress of the United States regulating the election of 
United States Senators or the provisions of this law. The 
returns from any election held for United States Senator 
shall be made, the result ascertained and declared, a cer­
tificate of election issued, as provided for the election of 
representatives in Congress, by this title. [Id.]

A rt. 3089. Name on ballot.— The name of no candidate 
for United States Senator shall be placed upon the official 
ballot of any party or of any organization as the nominee 
of said party or organization for said office unless the said 
candidate has been duly nominated and selected as herein 
provided. [Id.]



25

A rt. 3090. Nomination at primary.— Each party desir­
ing to nominate a candidate for United States Senator shall, 
if such election is to be held on the first Tuesday after the 
first Monday in November of any year, nominate or select 
such candidate at a general primary election to be held 
throughout the State on the fourth Saturday in July next 
preceding such election for United States Senator. [Id.]

A rt. 3096. Candidate not nominated.—Any person who 
has not been defeated at the primary election preceding the 
general or special election for United States Senators, 
desiring to have his name appear upon the official ballot 
at any general election as a candidate for United States 
Senator who is not the nominee of any political party or 
political organization may do so only upon presenting a 
petition to the Secretary of State signed by at least ten 
per cent of the qualified voters in the State of Texas as 
measured by the total vote for Governor at the preceding 
general election. Said petition shall conform in every par­
ticular to the requirements of the laws of this State with 
reference to placing the name of any candidate, other than 
the nominee of any party upon the official ballot, but in 
no case shall the name of any person to be placed upon the 
official ballot at any general election as a candidate for 
United States Senator as the nominee of any party unless 
he has been nominated under the provisions of this law 
and has complied with every provision of the laws of this 
State with reference to the nomination of candidates for 
United States Senators. [Id.]

A rt. 3101. Nominated at primary.— “ On primary elec­
tion day in 1926, and every two years thereafter, candi­
dates for Governor and for all other State officers to be 
chosen by vote of the entire State, and candidates for 
Congress and all district officers to be chosen by the vote



26

of any district comprising more than one county, to be 
nominated by each organized political party that cast one 
hundred thousand votes or more at the last general elec­
tion, shall, together with all candidates for offices to be filled 
by the voters of a county, or of a portion of a county, be 
nominated in primary elections by the qualified voters of 
such party.

A kt. 3102. Date of 'primary.— “ The fourth Saturday 
in July 1926, and every two years thereafter shall be 
general primary election day, and primary elections to 
nominate candidates for a general election shall he held 
on no other day, except when specially authorized. No 
person shall be declared the nominee of any political party 
at any primary election for any State or district office 
unless he has complied with every requirement of all laws 
applicable to primary and other elections, and has received 
a majority of all the votes cast at such primary elections 
for all candidates for such office. If at the general primary 
election for any political party, no candidate becomes the 
nominee for any State or district office under this article, 
a second primary election shall he held by such political 
party, in the State or such districts, as the case may he, 
on the fourth Saturday in August succeeding such general 
primary election, and only the name of the two candidates 
who received the highest number of votes for any office 
for which nomination was made at the general election 
shall be placed on the official ballot as candidates for such 
office at such second primary. The second primary elec­
tion shall be conducted according to the law prescribed 
for conducting the general primary election, and the candi­
dates receiving a majority of all votes cast for the office to 
which they aspire shall be declared the nominee for their 
respective offices. Any political party may hold a second 
primary election on the fourth Saturday in August to



27

nominate candidates for any county or precinct office, where 
a majority vote is required to make nomination; but at 
such second primary, only the two candidates who received 
the highest number of votes at the general primary for the 
same official ballot. Nominations of candidates at such 
time as the party executive committee shall determine, but 
no such committee shall ever have the power to make 
such nominations. All precincts in the same county and 
all counties in the same district shall vote on the same 
day. Nominations of party candidates for offices to be 
filled in a city or town shall be made not less than ten 
days prior to the city or town election at which they are 
to be chosen, in such manner as the party executive com­
mittee for such city or town shall direct, and all laws pre­
scribing the method for conducting county primary 
elections shall apply to them. ’ ’

A rt. 3103. Where to vote.— “ The places of holding pri­
mary elections of political parties in the various precincts 
of the State shall not be within one hundred yards of the 
place at which such elections or conventions are held by a 
different political party. When the chairmen of the execu­
tive committee of the different parties cannot agree on the 
places where precinct primary elections to be held on the 
same day shall be held, such places in each precinct shall 
be designated by the county judge, who shall cause public 
notice thereof to be given at once in some newspaper in 
the county, or if there be none, by posting notices in some 
public place in the precinct.”

A rt. 3104. Officers of primary.— “ All the precinct pri­
mary elections of a party shall be conducted by a presiding 
judge, to be appointed by a chairman of the county execu­
tive committee of the party, with the assistance and ap­



28

proval of at least a majority of the members of the county 
executive committee. Such presiding judge shall select an 
associate judge and two clerks to assist in conducting the 
election; two supervisors may be chosen by any one-fourth 
of the party candidates, who, with the judges and clerks, 
shall take the oath required of such officers in general elec­
tions. Two additional clerks may be appointed, but only 
when, in the opinion of the presiding judge, there will be 
more than one hundred votes polled at the primary election 
in the precinct.”

A rt. 3105. Judges of primary.— “ Judges of primary 
elections have the authority, and it shall be their duty, to 
administer oaths, to preserve order at the election, to ap­
point special officers to enforce the observance of order 
and to make arrests, as judges of general elections are au­
thorized and required to do. Such judges and officers shall 
compel the observance of the law that prohibits loitering or 
electioneering within one hundred feet of the entrance of 
the polling place, and shall arrest, or cause to be arrested, 
any one engaged in the work of conveying voters to the 
polls in carriages or other mode of conveyance, except as 
permitted by this title.”

A rt. 3107. Political party may prescribe qualifications 
of members.—“ Every political party in this State through 
its State Executive Committee shall have the power to 
prescribe the qualifications of its own members and shall 
in its own way determine who shall be qualified to vote or 
otherwise participate in such political party; provided that 
no person shall ever be denied the right to participate in a 
primary in this State because of former political views 
or affiliations or because of membership or non-member­
ship in organizations other than the political party.”



29

A rt. 3108. Expenses of primary.— “ At the meeting of 
the county executive committee provided in Article 3117, 
the county committee shall also carefully estimate the cost 
of printing the official ballots, renting polling places where 
same may be found necessary, providing and distributing 
all necessary poll books, blank stationery and voting booths 
required, compensation of election officers and clerks and 
messengers, to report the result in each precinct to the 
county chairman, as provided for herein, and all other 
necessary expenses of holding such primaries in such 
counties and shall apportion such cost among the various 
candidates for nomination for county and precinct offices 
only as herein defined, and offices only as herein defined, 
and offices to be filled by the votes of such county or pre­
cinct only (candidates for State offices excepted), in such 
manner as in their judgment is just and equitable, giving 
due consideration to the importance and emoluments of 
each such office for which a nomination is to be made and 
shall, by resolution, direct the chairman to immediately 
mail to each person whose name has been requested to be so 
apportioned to him, with the request that he pay the same 
to the county chairman on or before the Saturday the fourth 
Monday in June thereafter.”

A rt. 3109. Ballot at primaries.—“ The vote at all gen­
eral primaries shall be by official ballot, which shall have 
printed at the head the name of the party, and under such 
head the names of all candidates, those for each nomina­
tion being arranged in the order determined by the vari­
ous committees as herein provided for, beneath the title of 
the office for which the nomination is sought. The voter 
shall erase or mark out all names he does not wish to vote 
for. The official ballot shall be printed in black ink upon 
white paper, and beneath the name of each candidates there­



30

of the State and district offices, there shall be printed the 
county of his residence. The official ballot shall be printed 
by the county committee in each county, which shall furnish 
to the presiding officer of the general primary for each 
voting precinct at least one and one-half times as many of 
such official ballots as there are poll taxes paid for such 
precinct, as shown by the tax collector’s list where two or 
more candidates are to be nominated for the same office, 
to be voted for by the qualified voters of the same district, 
county or justice precinct, such candidate shall be voted 
for and nominations made separately ,and all nominations 
shall be separately designated on the official ballots by num­
bering the same, “ 1” , “ 2” , “ 3” , printing the word “ No.,”  
and the designating number after the title of the office for 
which such nominations are to be made. Each candidate 
for such nomination shall designate in the announcement of 
his candidacy, and in his request to have his name placed on 
official ballot, the number of the nomination for which he 
desires to become a candidate and the names of all candi­
dates so requesting shall have their names printed be­
neath the title of the office and the number so designated. 
Each voter shall vote for only one candidate for each such 
nomination. ’ ’

A rt. 3120. Booths used for primary.— “ The voting 
booths, ballot boxes and guard rails, prepared for a gen­
eral election ,may be used for the organized political party 
nominating by primary election that cast over one hun­
dred thousand votes at the preceding general election.”

A rt. 3121. List of voters.—“ The county tax collector 
shall deliver to the chairman of the county executive com­
mittee of each political party, for its used in primary elec­
tions, at least five days before election day, certified and 
supplemental list of the qualified voters of each precinct



31

in the county, arranged alphabetically and by precincts, 
and such chairman shall place the same for reference in the 
hands of the election officers of each election precinct before 
the polls are open. No primary election shall be legal, unless 
such list is obtained and used for reference during the elec­
tion. Opposite the name of every voter on said list shall be 
stamped, when his vote is cast, with a rubber or wooden 
stamp, or written with pen and ink the words, “ primary
-------------voted,”  with the date of such primary under the
same for each list of all the qualified voters who have paid 
their poll taxes or received their certificate or exemption, 
the collector shall be permitted to charge not more than five 
dollars, the same to be paid by the party or its chairman 
so ordering said list; provided, that the charge of five dol­
lars shall be in full for the certified list of all the voters of 
the county arranged by precinct, as herein provided.”

A rt. 3124. Returns of election.— “ Immediately upon 
the completion of the counting of the ballots, the precinct 
election judges shall prepare and make out triplicate re­
turns of the same showing; (1) The total number of votes 
polled at such box; (2) The total number of votes cast at 
such box for each candidate, and the total number of votes 
polled at such box for or against any proposition voted 
upon. Such returns shall be signed and certified as correct 
by the judges and clerks of the election precinct. One copy 
of said returns shall be sealed up in an envelope and deliv­
ered by one of the precinct judges of election to the chair­
man of the county executive committee within twenty-four 
hours before the ballots shall have been counted; one copy 
of said returns shall be placed in one of the ballot boxes 
together with the ballots voted and shall be locked and 
sealed therein; the remaining copy of said returns shall be 
retained by the presiding judge of election for a period of



32

twelve months succeeding the date of election. The chair­
man of the county executive committee shall, upon receiv­
ing returns from each election precinct in the county order 
the members of the county executive committee to convene 
at the county seat of the county on the next succeeding 
day; pi’ovided, however, that if the returns of all precincts 
are not received by the county chairman before the first 
Friday succeeding the day of the primary election, the 
county executive committee shall meet on the first Saturday 
succeeding the day of the primary election, and the returns 
in the hands of the county chairman shall be opened by the 
executive committee in executive session and shall be can­
vassed by them. The county Attorney shall upon the rela­
tion of the county chairman immediately institute man­
damus proceedings in the proper court to compel the 
delinquent returning officers to make returns as required 
by law, and it shall be the duty of the county chairman to 
notify the county attorney of the delinquency of the 
election officers immediately after the meeting of the county 
executive committee on the first Saturday next succeeding 
the day of the primary election.”

A rt 3128. Box and ballots returned.— “ Ballot boxes 
after being used in primary elections shall be returned with 
the ballots cast, or contained in each box as they are depos­
ited by the election judge, locked and sealed, to the county 
clerk, and, unless there be a contest for nomination in which 
fraud or illegality is charged, they shall be unlocked and 
unsealed by the county clerk and their contents destroyed 
by the county clerk and the county judge without examina­
tion of any ballot, at the expiration of sixty days after such 
primary election.”

A rt. 3129. To publish nominees.— “ The county clerks 
shall cause the names of the candidates who have received



33

the necessary votes to nominate, as directed by the county 
executive committee, for each office, to be printed in some 
newspaper published in the county, and if none, then he 
shall post a list of such names in at least five public places 
in the county, one of which shall be upon the court house 
door.”

A rt. 3130. Objections to nomination.— “ All objections 
to the regularity or validity of the nomination of any per­
son, whose name appears in said list, shall be made within 
five days after such printing or posting, by a written notice 
filed with the county clerk, setting forth the grounds of 
objections. In case no such objection is filed within the 
time prescribed, the regularity or validity of the nomination 
of no person whose name is so printed or posted, shall be 
thereafter contested. ’ ’

A rt. 3131. Name printed on ballot.— “ After said names 
have been so printed or posted for the period above re­
quired, the said clerk shall cause the names to be printed 
on the official ballot in the column for the ticket of that 
party.”

A rt. 3132. To post names of candidates.— “ Each county 
clerk shall post in a conspicuous place in his office, for the 
inspection of the public, the names of all candidates that 
have been lawfully certified to him to be printed on the 
official ballot, for at least ten days after he orders the same 
to be printed on said ballot; and he shall order all the names 
of the candidates so certified printed on the official ballot as 
otherwise provided in this title.”

A rt. 3142. Mandamus.— “ Any executive committee or 
committeeman or primary officer, or other person herein 
charged with any duty relative to the holding of the pri­



34

mary election, or the canvassing, determination or declara­
tion of the result thereof, may be compelled by mandamus 
to perform the same in accordance with the provisions of 
this title.”

A rt. 3144. Statement of expenses.—“ Within ten days 
after a final election, all candidates for office at such elec­
tion shall file a written itemized statement, under oath, with 
the county judge of the county of their residence, of all the 
expenses incurred during the canvass for the office, and for 
the nomination, including amounts paid to newspapers, 
hotel and traveling expenses, and such statement shall be 
sworn to and filed, whether the candidate was elected or 
defeated, which shall at all times be subject to the inspec­
tion of the public.”

A rt. 3145. Expenses of manager.— “ Every person who 
manages any political headquarters for any political party, 
or for any candidate before any election, and every clerk 
or agent of such manager for such headquarters or candi­
date, and every other person whomsoever who expends 
money, gives any property or thing of value, or promises 
to use influence, or give a future reward to promote or 
defeat the election of any candidate, or to promote or 
defeat the success of any political party at any election, 
shall, within ten days after such election, file with the 
county judge of the county in which the political head­
quarters was located, and with the county judge of the 
county where such manager, clerk, or other person, as the 
case may be, resides, an itemized statement of all moneys 
or things of value thus given or promised, for what pur­
pose, by whom supplied, in what amount and how expended, 
and what regard was given or promised, by whom and to 
whom, and what influence was promised, by whom prom­
ised, and to whom said promise was given. He shall state



35

whether he has been informed, or has reason to believe, 
that the person thus aiding or attempting to defeat a party 
or candidate was an officer, stockholder, agent or employe 
of, or was acting for or in the interest of any corporation, 
giving his name, and, if so, what corporation; and he shall 
if he has no positive knowledge, state the source of his 
information or the reasons for his belief, as the case may 
be; all of which shall be sworn to and subscribed before the 
county judge, who shall file and preserve the same, which 
shall at all times be subject to the inspection of the public.”

A rt. 3157. Nominations certified.— ‘ ‘ All nominations 
so made by a State or district convention shall be certified 
by the chairman of the State or district committee of such 
party to the Secretary of State, and a nomination made by 
a county convention, by the chairman of the county com­
mittee. ’ ’

A rt. 3158. Illegal participation.— “ No person shall be 
allowed to participate in any such convention who has par­
ticipated in the convention or primary of any other party 
held on the same day.”

A rt. 3160. Oath to application.— “ To every citizen who 
signs such application, shall be administered the following 
oath, which shall be reduced to writing and attached to such 
application, viz: ‘ I know the contents of the foregoing 
application; I have participated in no primary election 
which has nominated a candidate for the office for which I 
(here insert the name) desire to be a candidate; I am a 
qualified voter at the next general election under the con­
stitution and laws in force, and have signed the above appli­
cation of my own free will.’ One certificate of the officer 
before whom the oath is taken may be so made as to apply 
to all to whom it was administered.”



36

Texas Penal Code.

A rticle 217. Refusing to Permit Voter to Vote.— Any 
judge of any election who shall refuse to receive the vote of 
any qualified elector who, when his vote is objected to shows 
by his own oath that he is entitled to vote, or who shall 
refuse to deliver an official ballot to one entitled to vote 
under the law, or who shall wilfully refuse to receive a 
ballot after one entitled to vote has legally folded and re­
turned same, shall be fined not to exceed five hundred 
dollars.

A rticle 231. “ Election”  Defined.— The term “ elec­
tion”  as used in this chapter, means any election, either 
general, special, or primary, held under authority of law 
within this State, or within any town, city, district, county, 
precinct, or any other subdivision within this State for 
any purpose whatever.



37

APPENDIX E.

Louisiana Statutes.

La. Act No. 46, Regular Session, 1940:

Section 1. Be it enacted by the Legislature of Louisi­
ana, that all political parties shall make all nominations of 
candidates for the United States Senate, Members of the 
House of Representatives in the Congress of the United 
States, all State, district, parochial and ward officers, Mem­
bers of the Senate and House of Representatives of the 
State of Louisiana, and all city and ward officers in all cities 
containing more than five thousand population, by direct 
primary elections.

That any nomination by any political party of any per­
son for any of the aforesaid mentioned offices by any other 
method shall be illegal, and the Secretary of State is pro­
hibited from placing on the official ballot the name of any 
person as a candidate for any political party not nom­
inated in accordance with the provisions of this Act. 
* * * * * * * * * *

Section 3. The term “ political party,”  as used in this 
Act, is defined to be one that shall have cast at least five 
per centum of the entire vote cast in the last preceding 
gubernatorial election, or five per centum of the entire vote 
cast for presidential electors at the last preceding election, 
or at either of said elections.

Section 4. All primary elections held by political par­
ties, as defined herein, must be conducted and held under, 
and in compliance with, the provisions of this Act.



38

(Section 5 provides that all political parties shall be 
directed by an organization of committees which are de­
scribed and specified in detail. Among these committees 
is the Parish Committee for each parish in the state, which 
committee is to be “ composed of as many ward members 
as there are police jurors provided for in such parish and 
five (5) members at large, all of which members shall be 
elected in the same manner as members of the State Central 
Committee; provided ,however, that in the Parish of Or­
leans said parish committee shall consist of two (2) mem­
bers from each ward in said parish."’ )

Section 15. The members of the Parish Executive Com­
mittee, as herein provided, shall be elected at the first 
primary election held in January, 1944, for the nomination 
of State and parish officers, and shall be elected every four 
years thereafter. * * *
* * * * * * * * * *

Section 19. The State Central Committee, as now or­
ganized and created, and all other committees, as now or­
ganized and created, and all officers of the various com­
mittees heretofore created and now in existence, are hereby 
recognized and continued. All rules, regulations and re­
quirements heretofore adopted by the State Central Com­
mittee or by any of the committees organized under Act 
97 of the Legislature of Louisiana for the year 1922, as 
amended, not in conflict with or contrary to the provi­
sions of this Act, are hereby recognized as legal and void, 
and shall continue in full force and effect until otherwise 
changed by the committees herein created, or authorized 
to be created.
* * * * * * * * * *

Section 27. The qualifications of voters and candidates 
in primary elections, held under this Act, shall be the same



39

as now required by the Constitution and election laws of 
this State for voters at general elections and the further 
qualifications prescribed by the State Central Committee 
of the respective political parties coming under the pro­
visions of this Act.

* * * * * * * * * *

Section 29. Only those who have so declared their polit­
ical affiliation shall be permitted to become candidates or to 
vote in any primary election of any political party, as 
defined in this Act.

Section 30. Any person desiring to become a candidate 
in any primary election held under the provisions of this 
Act shall, within twenty days for State and District offi­
cers, and within ten days for parochial, municipal and ward 
officers, except as otherwise provided herein, from and after 
the issuance of the call of the said committee for the said 
primary election, file with the respective officers hereinafter 
designated, written notification of his intention to become a 
candidate at such primary, accompanied by a declaration, 
under oath, that to the best of his knowledge and belief he 
is a duly qualified elector under the Constitution and laws 
of this State; that he is a member of the party calling said 
primary election, and that he possess the qualifications re­
quired by the State Central Committee of such party.

Section 31 (a). Every candidate for nomination as 
United States Senator, member of Congress * * * shall 
file written notification and declaration of candidacy, as 
provided herein, with the Chairman of the committee calling 
the primary, and as evidence of their good faith, shall, at 
the time of filing such notice and declaration of candidacy, 
deposit with the Chairman of the committee calling the pri­



40

mary election, the sum of One Hundred and No/100 
($100.00) dollars.

* * * * * * * * * *

Section 35. The expense of primary elections held under 
this Act shall be apportioned and defrayed as follows:

(a) The expense of printing ballots and the furnishing 
of the necessary stationery and other election supplies for 
all primary elections held under the provisions of this Act, 
except as hereinafter otherwise provided, and also all ex­
penses necessary to the transmission and promulgation of 
the returns, shall be paid by the State of Louisiana, in the 
same manner as for general elections.

(b) The necessary expenses incidental to the holding 
and conducting of the said primary elections, such as pay­
ment of commissioners of election, rent of polling places, 
expense of delivery of the ballot boxes and supplies to and 
from the polling places, shall be borne by the respective 
parishes, cities and towns, and the respective police juries, 
or municipal authorities shall provide, by ordinance, for 
their payment.

(c) Any other actual expenses necessary and incidental 
to the calling and holding of the said primary election shall 
be borne by the candidates participating therein.

(Sections 36-39 provide that the bollot in Congressional 
primaries shall be prepared by the Secretary of State and 
shall be printed according to a specified form. Section 38 
provides:

“ At the bottom of the ballot and after the name of 
the last candidate shall be printed the following, viz.: ‘ By



41

casting this ballot I do pledge myself to abide by the result 
of this primary election and to aid and support all the 
nominees thereof in the ensuing general election.’

“ Should any voter scratch out, deface or in any way 
mutilate or change the pledge printed on the ballot, he 
shall not be considered or held to have repudiated or to 
have refused to take the pledge, but shall, conclusively, be 
presumed and held to have scratched out, defaced or mu­
tilated or changed same for the sole purpose of identifying 
his ballot; and accordingly such ballot shall be marked 
‘ Spoiled Ballot’ and shall not be counted.” ) 
* * * # # # # * # #

(Sections 53-57 specify the location of the polling places 
and the hours during which they must be open.)

Section 58. No voter shall be allowed to take part in 
any primary who shall not have registered at least thirty 
(30) days prior to the date of the primary election held 
under this Act. Seven days prior to every primary elec­
tion, the Registrar of Voters throughout the entire State 
shall make a complete list of all registered voters in every 
voting precinct in the parish registered as affiliated with 
the party holding the primary, certify to same, and at least 
five (5) days before the primary election deliver the same 
to the respective parish committees of the party or parties 
holding the said primary election, without any cost or 
charge whatsoever. The said list shall not contain the 
name of any elector not affiliated with the party holding 
the said primary election. * * * 
* * * * * * * * * *

(Section 61 provides that primaries are to be conducted 
by five commissioners of election at each polling precinct, 
who shall be commissioned in each parish by the chair-



42

man or tho vice-chairman of each parish committee. They 
are to possess “ tho same qualification!* hh nro required 
of voters in the wni'd in which they slnill reside.”  Their 
compensation in to he $5. They are to ho Holoctod in 1 liik 
fashion: the “ local”  candidate** in ouch parish in the 
state submit a given number of names of persons whom 
they desire to he commissioned, and the names of live of 
these persons are chosen by lot. (In Section 34, “ local 
candidates" are defined ns: “ (n) candidates for member- 
ship in either lionse of the Legislature of Louisiana, (b)
candidates for any parish, ward or ......ieipul office, except
those of Justice of the Peace or Constable.” ) This draw 
ing of names is to he conducted by the perish committee.)

[ 2830]

L awyers P ress, I nc., 165 William St., N. Y. C.; ’Phone: BEekman 3-2300