political party holding such primary election and shall, before entering upon the discharge of their respective duties, take the same oath required to be taken by officers of regular state elections. The officers in each primary election precinct shall be selected from lists furnished by the various candidates to the committee or governing authority at least ten days before such primary election, and shall be as nearly equally divided as possible as to inspectors, clerks, and returning officers among the various candidate. 356, § 11. 523. Officers of primary elections; powers and duties of.- Oct. 1, The officers of all primary elections held under the provisions 1903, P. of this chapter shall have the same powers and privileges as officers of regular state elections, and shall be subject to the same restrictions, limitations, and conditions. Any act or deed made an offense against the law by the general election laws of the state in case of officers of state elections is an offense in the case of officers of such primary elections, and shall be punished in the same form and manner as is prescribed by the general law. 524. Watchers named and their duties.-Any candidate . may name a watcher who shall be permitted to be present at the place where the ballots are cast from the time the polls are open until the ballots are counted and certificates of the result of the election signed by the inspectors; the said watchers shall be permitted to see the ballots as they are called during the count. 525. Candidates; how may have name placed on ballot. Ib., § 12. Any person desiring to submit his name to voters in primary elections shall, not later than fifteen days next preceding the holding of such primary election, apprise the chairman in writing, or governing authority of the political party holding such primary, of the fact that he is a candidate, and upon complying with the conditions prescribed by the committees or governing authority for the regulation of candidates, he shall be declared to be a candidate for nomination by the committee or governing body of such political party, and any person who has given such notice to the committee or governing authority and who has not complied with the conditions prescribed by the committee or governing authority for the. government of candidates, shall not have his name printed on the ballots used in such primary election; but any person desiring to vote for one other than the person whose name is printed on such ballot shall have the right to do so by writing the name of the person for whom he desires to vote in the space on the ballot set apart for the names of the candidates, for such office as he may desire; such person so voted for to be accounted a candidate. Oct. 1, 1903, p. 356, § 13. Ib. Ib., § 14. Ib., § 15. 526. Counting vote and declaring result of primary election. The inspectors of primary elections in each precinct shall count the votes immediately on closing the polls and shall thereupon make and sign a statement in writing of the result of such election in such precinct, and shall forthwith post the same in a conspicuous place at such polling place within such time as is provided by law in case of state elections, and in the same manner the election returns of all primary elections shall be deposited with the committee or governing authority of the political party holding the primary, at such place as the committee or governing authority shall designate at which to receive such returns. 527. Canvassing returns of primary elections. The committee or governing authority shall, upon the receipt of such returns, canvass the same and declare the result of the election according to the rules and regulations of the party holding the said primary. 528. Sheriff; duties of, at primary election.—The sheriff of each county, on the day of such primary election, shall be present, in person or by deputy, at all election precincts where such elections are held in each county, and he shall preserve good order, and for the purpose of good order the said sheriff or his deputy may specially deputize a sufficient force to act at all election precincts on the day of such election as he may deem necessary, and in case of necessity may raise a posse comitatus to put down riots or attempted riots or disturbances. All duties imposed and powers conferred upon sheriffs in state, county, and district elections by this section are hereby imposed and conferred upon the marshal or chief of police in all municipal primary elections. 529. Arrest of voters on day of election; regulation of.— No person entitled to vote under the rules of the political party holding such primary election shall be arrested on the day of such election, unless it be for a felony or a breach of the peace, attempted or committed on that day; for such breach of the peace or attempted breach of the peace, the sheriff or his deputy, or in case of municipal primary, the marshal or chief of police, may arrest without process and commit to jail until the offender shall give bond with good and sufficient surety, to be approved by the sheriff or marshal or chief of police, as the case may be, for his appearance at the next term of the circuit or city court, or municipal court, in case of municipal primary, to answer any charge that may be brought against him. 530. Political party may fix special rules and regulations for elections. The party holding such primary election may, by its central or executive committee or other governing 1903, p. 356, § 17. authority, prescribe or fix any rules or regulations for the oct. 1, holding of such primary elections not inconsistent or in conflict with this chapter or the general election laws of this state, and shall, by action taken at least six months prior to any general election, prescribe a uniform date for the holding of such primary election for all state offices. 531. Counting ballots; when and how made.-No ballots b., § 22. shall be counted until the polls are closed. Before counting any ballots or examining the same, the poll lists shall be securely sealed in separate envelopes, and each of the inspectors shall write his name across every fold at which the envelope, if unfastened, could be opened. The envelope containing the poll lists and the ballots after they have been counted shall be carried by the returning officer to the chairman of the executive committee or other governing authority of the party holding the primary election. The chairman of said committee or other governing authority shall keep the same until it is known that there will be no contest, and shall then destroy the ballots and also the envelopes containing the poll list, without opening the same. 532. Campaign managers or committees. Any candidate 15.. § 24. in such election may have a campaign manager or committee of management, by whatsoever name called, and in that event such candidate must give public notice of the same by filing with the judge of probate the names of such managers, or the names of such campaign committee, who shall be required to file with the probate judge of the county in which such election is held the sworn statement required by section 6823 of this Code, under the same penalty prescribed in said section. 533. General laws to govern primary election.-Except as b., provided in this chapter, all primary elections shall be held under the provisions of the general election laws of the State of Alabama, and all provisions of said general laws not in conflict with this chapter shall govern any of said primary elections. $ 25. 534. Poll list to be provided by probate judge. Each judge Ib., § 26. of probate shall deliver or cause to be delivered to an inspector at each voting place immediately preceding each primary election an alphabetical list of all persons in such precinct who have paid all poll taxes due prior to February 1st preceding the election, and also an alphabetical list of all persons in such precinct who are registered. 535. Ballots; preparation of, for primary election.—The 16. § 27. provisions of the general election law relating to official ballots shall not apply to primary elections, and voters shall not be required to prepare their ballots in the voting place. Oct. 1, 1903, p. 356, § 28. Ib., § 29. 536. Expenses of primary election.-No expenses for any election held under this chapter shall in any way become a charge against the state, or any county or municipality, nor be paid by them. 537. Contest; notice of.—All elections held under this chapter may be contested within five days after the result has been declared in all county elections, and ten days in all other except state elections, and in fifteen days in a state election, under the same conditions and on the same grounds as provided in the general election laws; said contest to be heard and tried by the county executive committee or other governing body in elections for county officers, and respectively by district and state committees or other governing body in such respective elections. CROSS REFERENCES. ELECTIONS, SPECIAL (Political Code) ELECTIONS TO CHANGE COUNTY SITE (Political Code) EMBALMING (Political Code) 66 (Criminal Code .439-445 175- 207 ..158-174 .1467-1474 .538-545 6827 ENGINEER, RAILROAD (Criminal Code) ENGROSSING CLERKS (Political Code). ENUMERATION OF SCHOOL CHILDREN (Political Code) ENGAGING IN BUSINESS WITHOUT LICENSE (Criminal Code).7712-7715 .920 et seq. ..920 et seq. ....1717, 1718 ...5473-5483 EQUITABLE ATTACHMENTS (Civil Code) .... 3179-3192 4091 .3042-3228 2837-2895 EQUITY, RIGHTS AND REMEDIES (Chancery) (Civil Code) 66 (Criminal Code) ERRORS (Civil Code) ERRORS IN PROBATE, BILLS TO CORRECT (Civil Code) ESCAPED TAXES (Civil Code) ESCAPES (Criminal Code) 6243-6266 .2892, 3256 .3914-3917 .2195, 2196 6858-6872 ESCHEATS (Civil Code) ESTATES, FEE SIMPLE, CONDITIONAL (Civil Code) .3918-3926 .3396-3444 .2507-2829 .3958-4076 ..6873-6876 ESTRAYS AND ANIMALS RUNNING AT LARGE (Civil Code)...3927-3957 538. (1704) State board of embalming established. There is established the state board of embalming, which shall consist of five members to be appointed by the governor, who shall also have power to fill by appointment all vacancies occurring on the board. The members of the board shall be residents of this state and practical embalmers having experience in the business of embalming and the care and disposition of dead human bodies. (Dec. 12, 1894, p. 108, § 1.) 539. (1705) Appointment and term of office. The governor shall annually on the first day of June, or as soon thereafter as practicable, appoint one member of the board who shall serve for a term of five years from the time of his appointment, and any member of the board shall be eligible for reappointment. The governor shall have power to remove from office any member of the board for neglect of duty, incompetency, or improper conduct. 540. (1706) Certificate of appointment.-The governor shall furnish each member of the board a certificate of appointment, and the appointee shall qualify by taking the usual oath of office before an officer authorized to administer oaths in this state within ten days after appointment, and this fact must be noted by the officer on the certificate of appointment. (Dec. 12, 1894, p. 108, § 4.) 541. (1707) Powers and duties of the board. For the protection of life and health, to prevent the spread of contagious diseases, and to regulate the practice of embalming and the care and disposition of the dead, the board shall have power and it shall be its duty 1. To prescribe a standard of efficiency as to the qualifications and fitness of those persons who may engage in the practice of embalming and the care and disposition of dead human bodies. 25-AC-VOL I |