returnable three (3) days from the date of service.

From the

judgment entered in any such case an appeal may be prosecuted as in other civil actions by either party but such appeal shall be taken directly to the supreme court of Indiana.

This section 7054b amends section 7056 Supplement of 1918, being section 2, Acts 1915, p. 359.

The title to the above act 1917, p. 354, omits the date of approval of the amended act. The title also suggests an amendment of section 33, Acts 1915, p. 359, but the amendment is not set out in the body of the act.

See section 7083 Supplement of 1918, and 7054e1 this Supplement.

[Acts 1915, p. 359. In force April 26, 1915.]

7054c. Organization of committees.-3. The various committees provided for herein shall organize by electing a chairman, a secretary and a treasurer, and such other officers or sub-committees as they may deem necessary to perfect their organization. Each of such committees is hereby authorized to fill any vacancy that may occur from time to time by electing a qualified elector of such district or precinct to fill such unexpired term; such qualified elector to be a member of such party.

Section 7054c was numbered 7057 in the Supplement of 1918.

[Acts 1917, p. 354. In force May 31, 1917.]

7054d. Primary election commissioners, members.-4. There is hereby created in each county a board of primary election commissioners to be composed of a clerk of the circuit court and two others to be appointed by him, one of whom shall be taken from each of the two political parties casting the highest number of votes in such county at the last preceding general election, who shall be nominated in writing by the respective chairmen of said two parties. Such election commissioners shall also serve as election commissioners at the election for which nominations by such primary are made. Said primary election commissioners may employ all necessary clerical assistants, who shall be paid for their services in the same manner and amount as now provided for by law. The compensation of the appointive members of said board of primary election commissioners for their services as such and as election commissioners shall be fixed by the board of commissioners of such county, and shall be paid out of the county treasury. It shall be the duty of such board to prepare and distribute separate primary ballots for each political party participating in such primary, equal to one and one-half times the number of votes cast by such political party in each precinct at the last preceding general election. The ballots of each party shall be of uniform size, and of the same quality of paper as is used in ballots at the general election. The ballots so furnished shall be of

different color for each political party holding such primary election, and no two political parties shall be furnished, or use, ballots of the same color. All the nominees of candidates representing one political party shall be placed on one ticket, and the name of such political party shall be placed at the top thereof. All the nominees of candidates for each office who have qualified as provided in this act shall be grouped together under the name of such office and printed in type of uniform capital letters, with uniform space between each name. There shall be printed at the head of each group where only one candidate for such group is to be voted for, the words "vote for one only." Where more than one candidate in any group is to be voted for, the number to be voted for shall be specified at the head of such group.

This section amends section 7058 Supplement of 1918, being section 4, Acts 1915, p. 359.

[Acts 1915, p. 359. In force April 26, 1915.]

7054e. Election officials.-5. The board and officers for the primaries held under the provisions of this act shall consist of one inspector, two judges, two clerks, two sheriffs, and a poll book holder for each political party participating in such primary. Inspectors, judges, and clerks at such primary shall be appointed as follows: The party casting the highest vote in such county at the preceding general election for the office of secretary of state shall be entitled to name the inspectors at such election in said county. The party participating in such primary and casting the next highest vote in such county for such office shall be permitted to name one of the judges in each precinct in said county, and so on in rotation with all the parties participating in such primary until such officers are all appointed.

This section was numbered 7059 in the Supplement of 1918.

[Acts 1917, p. 354. In force May 31, 1917.]

7054f. Precinct committeemen organize.-6. At one o'clock p. m. on the Saturday following their election the precinct committeemen of each party coming under the provisions of this act shall meet at some place at the county seat, to be fixed by the retiring chairman, and shall organize the county committee by electing the officers required by this act. The state central committee of each political party coming under the provisions of this act shall provide by proper rules, regulations or resolutions, for the organization of other committees herein provided for, which organization shall take place within thirty days after such primary, except the city committees of such parties, which shall be organized at any time not later than sixty days before the city primary, the time of such organization to

be fixed by such state central committees, and to be uniform as to each party throughout the state and said state central committees shall adopt proper and efficient rules for the government of each and all of such committees.

This section amends section 7060 Supplement of 1918, being section 6, Acts 1915, p. 359.

7054g. Naming election officials.-7. The chairman of each political party participating in such primary shall nominate the election officers entitled to be selected by such party, and such nomination shall be made in writing and delivered to the election commissioners at least five days before the date of holding such primary. Any vacancy occurring in such election officers prior to the day of the primary shall be filled by the chairman of the political party originally nominating such election officer. Any vacancy occurring in the officers of such primary on the day of election shall be filled by the voters assembled at the precinct belonging to the political party which nominated the officer whose place has so become vacant. Sheriffs and poll book holders for such primary shall be appointed in the manner and under the conditions as sheriffs and poll book holders are appointed at regular elections. The said members of said primary boards and the officers thereof, as herein provided, shall perform the same duties, the same qualifications, and take the same oath as are required of the same officers at any general election, and the members of said board and the other primary officers provided for herein shall receive such compensation as is received by the same officers at general elections, except as otherwise provided for in section 20 of this act. This section amends section 7061 Supplement of 1918, being section 7, Acts 1915, p. 359.

7054h. Time for holding primary.-8. That beginning with the year 1918, the primary elections provided for in this act shall be held in the various precincts of the state on the first Tuesday after the first Monday in May of each year preceding each state, congressional, county, city and township election; Provided, that nothing in this act contained shall prevent any political party not coming under the provisions of this act from nominating candidates as now provided by law: And, provided, further, that nothing in this act contained shall prevent any individual voter at any general election from using the paster ballot as now provided by law.

This section amends section 7062 Supplement of 1918, being section 8, Acts 1915, p. 359.

[Acts 1915, p. 359. In force April 26, 1915.]

70541. Committeemen elected by ballot.-9. All elections for committeemen, delegates and all nominations of candidates mentioned in this act by a political party coming under the provisions of this

act shall be by ballot, upon which shall be printed the names of all such candidates to be voted for in any particular precinct. This section was numbered 7063 in the Supplement of 1918.

[Acts 1917, p. 354. In force May 31, 1917.]

7054j. Qualifications for voters.-10. Each qualified voter of the precinct who at the last preceding general election voted for a majority of the regularly nominated candidates of the party holding such election, or if he did not vote at the last preceding general election, intends to vote at the next general election for a majority of the regularly nominated candidates of the party holding such election, shall be entitled to vote at such election: Provided, Such elector was registered as a voter at such previous general election: and Provided, further, That if such elector was not so registered, he shall make the affidavit hereinafter provided for. It shall be the duty of the county auditor to furnish to the inspector of elections in each of such precincts for use on the day of holding the primary the last regularly prepared registration book. If the name of such person offering to vote at such primary shall be found on such registration book, it shall be sufficient evidence of his right to vote, unless he is challenged as hereinafter provided for. Any person who will be a qualified elector at the election for which such primary is being held, whose name does not appear on such book of registration, shall be entitled to vote if he shall make affidavit that he is a qualified voter of such precinct. Any qualified legal voter in such precinct may challenge any voter or person who shall offer to vote at such election, and when so challenged, such person shall not be entitled to vote unless he shall make an affidavit that he is a qualified legal voter of the precinct; that at the last preceding general election he affiliated with the party for whose candidate he proposes to vote in such primary and that he voted for a majority of the regular nominees of such party; and that he intends to support and vote for the regular nominees of such party at the coming election, or if he did not vote at the last preceding general election, intends to vote at the next general election for a majority of the regularly nominated candidates of the party holding such election: Provided, That any qualified legal voter who was under twenty-one years of age at the last preceding election, and who will have attained the age of twenty-one years prior to the ensuing election, shall be entitled to vote at the primary of the party with which he intends to affiliate, and whose candidates he intends to vote for at the approaching election, and whenever any such person last named is challenged, it shall be sufficient if he shall make affidavit that he will be a qualified voter of the precinct at the next general election, and that he intends to support and vote for

the regular nominees of the party for whose candidate he proposes to vote for in such primary and Provided That no challenge on the ground of party affiliation can be made by any one except a member of the party for whose candidates the voter is offering to vote at such primary."

This section amends section 7064 Supplement of 1918, being section 10, Acts 1915, p. 359.

The provision of the constitution defining the qualifications for voters at general elections, does not apply to voters at primary elections, and the legislature may determine who may vote at such elections. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

7054k. Officials to be nominated, city primary.-11. On the first Tuesday after the first Monday in May of each year in which a general election is held, at which state, county, or township officers are to be elected, a primary election shall be held under the provisions of this act in each and every precinct in the state of Indiana. At such primary election there shall be nominated the candidates of all the political parties coming under the provisions of this act, which are to be voted for at such general election, other than candidates for presidential electors, and other than officers to be voted for by all of the electors of the state. There shall also be elected at such primary a precinct committeeman from each of said political parties coming under the provisions of this act. There shall be likewise elected at such primary delegates from each county to the state convention of such of the political parties coming under the provisions of this act. On the first Tuesday after the first Monday in May of each year in which a city election is held, a primary election under the provisions of this act shall be held in the several precincts of the cities of this state for the nomination of candidates for all elective city officers of all political parties coming under the provisions of this act: Provided, however, That no precinct committeeman shall be elected at any such city primary. Primary election officials shall be chosen in the same manner as officials for county primaries, that is to say: The party casting the highest vote in the county in which such city is situated at the preceding general election for the office of secretary of state shall be entitled to name the inspectors at such election in said city. The party participating in such primary and casting the next highest vote in such county for such office shall be permitted to name one of the judges in each precinct in said city, and so on in rotation with all the parties participating in such primary until such officers are all appointed. And the duties required of the clerk of the circuit court at a general election shall be performed by the city clerk; the duties required of the board of county commissioners at a general election shall be performed by the city council,