Chapter 2083. Providing for the election of a Delegate to the House of Representatives from the Territory of Alaska
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CHAP. 2083.— An Act Providing for the election of a Delegate to the House of Representatives from the Territory of Alaska. May 7, 1906. [[S. 956](/us/bill/34/s/956).] [[Public, No. 147](/us/pl/34/147).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the people of the TerritoryAlaska.Delegate to be elected. of Alaska shall be represented by a Delegate in the House of Representatives of the United States, chosen by the people thereof in the manner and at the time hereinafter prescribed, and who shall be known its the Delegate from Alaska.
Such Delegate shall at the timeQualifications. of his election have been for seven years a citizen of the United States, 170and shall be an inhabitant and qualified voter of the district of Alaska, and shall be not less than twenty-five years of age, and when duly chosen and qualified shall possess the same powers and privileges and Compensation.be entitled to the same rate of compensation as the Delegates in the House of Representatives from the Territories of the United States: *Proviso.*Allowance for mileage, etc. *Provided*,* however.* That such Delegate, in lieu of all other allowances, shall, in addition to his salary, receive the sum of one thousand live hundred dollars per annum, which shall cover all mileage and other expenses except stationery allowance and compensation for clerk hire.
Sec. 2. First election. That the first election for Delegate from Alaska shall be held upon the second Tuesday of August, in the year nineteen hundred and six, and that all subsequent elections for such Delegate shall be held on the second Tuesday in August in each year when there is a general election for Members of the House of Representatives, and that at said first election there shall be elected a Delegate who shall hold his office for the unexpired portion of the Fifty-ninth Congress, which term of office is hereinafter designated as the “short term;” and also at said first election there shall be elected a Delegate who shall hold his office for the full term of the Sixtieth Congress, which term of office is hereinafter designated as the “long term.
” Terms.That the Delegate chosen at said first election for the short term shall hold his office from the date of his election certificate during the remainder of the Fifty-ninth Congress; and the Delegate chosen at said first election for the long term shall hold his office for the full term of the Sixtieth Congress; that the Delegate chosen at each subsequent election shall hold his office for the same term as the Members of the House of Representatives chosen at the general election in the same year.
Salary, etc.That the salary and allowances of the Delegate chosen for the short term at said first election shall begin with the date of his election certificate, and shall extend throughout and until the close of the Fifty-ninth Congress. The salary and allowances of the Delegate chosen for the long term at said first election shall begin at the commencement of the term of the Sixtieth Congress and extend throughout and until the close thereof. The salary and allowances of the Delegate chosen at each subsequent election shall be for the full term of the Congress to which he is elected a Delegate.
Sec. 3. Voting qualifications.That all male citizens of the United States twenty-one years of age and over who are actual and bona fide residents of Alaska, and who have been such residents continuously during the entire year immediately preceding the election, and who have been such residents continuously for thirty days next preceding the election in the precinct in which they vote, shall be qualified to vote for the election of a Delegate from Alaska. Sec. 4. Election districts in towns.That each incorporated town in the district of Alaska shall constitute an election district, and where the population of such town exceeds one thousand inhabitants the common council may, in their discretion, at least thirty days before the election, divide the district into two or more voting precincts and define the boundaries of each Officers.precinct; and the said common council shall also appoint, at least thirty days before the election, three judges of election and two clerks for each voting precinct, all of whom shall be qualified voters of the precinct: and no more than two judges and one clerk shall belong to Polls, etc.the same political party.
The common council shall also, at least thirty days before the date of the election, provide a suitable polling Notices.place for each voting precinct and give due notice of the election by posting a written or printed notice in three public places in each precinct, specifying the time and place of the election, and in case there are one or more newspapers of general circulation published in the town, then a copy of said notice shall also be published in one of such 171newspapers at least once a week for two consecutive weeks next prior to the elate of the election.
Sec. 5. That all of the territory in each recording district nowElection districts outside of towns. existing or hereafter created situate outside of an incorporated town shall, for the purposes of this act, constitute one election district; thatCommissioners’ duties. in each year in which a Delegate is to be elected the commissioner in each of said election districts shall, at least thirty days before the date of said first election, and at least sixty days before the date of each subsequent election, issue an order and notice, signed by him and entered in his records in a book to be kept by him for that purpose, in which said order and notice he shall— First.
Divide his election district into such number of voting precinctsVoting precincts. as may in his judgment be necessary or convenient, defining the boundaries of each precinct by natural objects and permanent monuments or landmarks, as far as practicable, and in such manner that the boundaries of each can be readily determined and become generally known from such description, specify a polling place in each of said precincts, and give to each voting precinct an appropriate name by which the same shall thereafter be designated: *Provided, however*, That no such voting*Proviso.*Minimum number of voters. precinct shall be established with less than thirty qualified voters resident therein: that the precincts established as aforesaid shall remain as permanent precincts for all subsequent elections, unless discontinued or changed by order of the commissioner of that district.
Second. Give notice of said election, specifying in said notice, amongElection notice. other things, the date of such election, the boundary of the voting precincts as established, the location of the polling place in the precinct. and the hours between which said polling places will be open. Said order and notice shall be given publicity by said commissionerPublication of. by posting copies of the same at least twenty days before the date of said first election, and at least thirty days before the date of each subsequent election.
Said copies shall be posted as follows: One at the office of the commissioner in said district, and three copies to be posted in three conspicuous public places in each of said voting precincts as established, one of which shall be the designated polling place in each precinct; and said commissioner shall also mail a certified copy of said order and notice to the governor of Alaska at his official residence. That at least thirty days prior to the date of the holding of suchJudges of election. election the commissioner shall select, notify, and appoint from among the qualified electors in each voting precinct three judges of election for said precinct, no more than two of whom shall be of the same political party.
Said commissioner shall notify all of said judges of election of their appointment as such, so that each and all of them shall receive said notice at least ten days before the date of the election. Sec. 6. That the judges of election of each voting precinct shall constituteElection board.Duties. the election board for said precinct and shall supervise and have charge of the election therein. They shall secure and provide a place for holding the election and a suitable ballot box.
They shall pass upon the qualification of the voter and, if he be found qualified, receive and deposit his ballot in the ballot box, and shall canvass and make a return of the votes east, as hereinafter provided. That the members of said election board in each precinct, beforeOath. entering upon the duties of their office, shall each severally take an oath, which shall be reduced to writing, before an officer qualified to administer oaths, to honestly, faithfully, and promptly perform the duties of their positions: and if no officer qualified to administer oaths be present or available, then any one of said duly appointed or selected judges of election may administer the necessary oath to said other two judges, and he shall afterwards in turn be sworn by one of them.
That each of said judges shall have authority to administer any oathAdministering oaths to voters. to the voter necessary or proper under this act, and said judges shall 172have equal authority; and in case of any question or disagreement over any matter during the course of said election the decision of the majority of said judges shall govern. Clerks of election outside of towns.DutiesThat two of the three judges of election in each voting precinct, outside of incorporated towns, to be selected by a majority of said judges shall also perform the. duties of clerks of election for that precinct; the two judges performing the duties of clerks shall be of different political parties; it shall be the duty of the clerks at each voting precinct to make a full written record of such election as held in that precinct, and each of them shall keep a correct duplicate register and enter therein the names of the voters and the fact that they have voted, or have offered to vote and were refused, and a brief statement of the reasons for said refusal.
Sec. 7. Watchers at polls.Rights allowed.That each of the candidates for the office of Delegate herein provided for, at any election held hereunder, shall be entitled to one watcher at each voting precinct, who shall be permitted to be present within the place of voting at such precinct, and in some place therein where he may at all times be in full view of every act done. Such watcher shall have the right to be so present at all times from the opening of the polls until the ballots are finally counted and the result certified by the election board.
Each watcher shall be required to present to the election board proper credentials, signed by the candidate he represents, showing him to be the duly authorized watcher for such person. Sec. 8. Filling vacancies on election day.That in case any of the judges of election selected as herein provided for any precinct shall fail to appear and qualify at the time and place designated for the election for which they shall be appointed, then, in that event, the qualified voters present may, by a majority viva voce vote, select a suitable person or persons to fill the vacancy or vacancies in said election board; and the person or persons so selected shall qualify and serve on said election board, with the same powers and in the same manner as if appointed as hereinbefore provided.
Sec. 9. Voting hours.That the election boards herein provided for shall keep the several polling places open for the reception of votes from eight o’clock antemeridian until seven o’clock postmeridian on the day of election. Ballots, form. etc.The voting at said election shall be by printed or written ballot. The ballot at said first election shall be substantially in the following form: " “for delegate from alaska. “For the short term (here insert the name of the person voted for).
“For the long term (here insert the name of the person voted for).” At all elections after said first election the ballot shall be substantially in the following form: “for delegate from alaska. “(Here insert the name of the person voted for.)” " Casting ballots.Such ballot shall be folded by the voter so as not to disclose the vote, and by him handed to any one of the judges of election, who shall immediately, in the presence of the voter and of all the members of the election board, deposit the same, folded as aforesaid, in the ballot box, where the same shall remain untouched until the polls are closed.
Register of votes.At the time the ballot is so deposited the clerks of election shall each of them enter in his duplicate register the name of the voter and the fact that he has voted. Sec. 10. Challenges.That any person offering to vote may be challenged by any election officer or any other person entitled to vote at the same polling place, or by any duly appointed watcher, and when so challenged, 173before being allowed to vote he shall make and subscribe to the following oath:
“You do solemnly swear (or affirm, as the case may be)Oath required. that you are twenty-one years of age and a citizen of the United States: that you are an actual and bona tide resident of Alaska, and have been such resident during the entire year immediately preceding this election, and have been a resident in this voting precinct for thirty days next preceding this election, and that you have not voted at this election,” and further naming the place from which the voter came immediately prior to living in the precinct in which he offers to vote, and giving the length of time of his residence in the former place.
And when he has made such an affidavit he shall be allowed to vote;Acceptance, or rejection. but if any person so challenged shall refuse or fail to take such oath and sign such affidavit, then his vote shall be rejected; and any personPenalty for false swearing. swearing falsely in any such affidavit shall be guilty of perjury and shall, upon conviction thereof, suffer punishment as is prescribed by law for persons guilty of perjury. Sec. 11. That the election board at each polling place, as soon asCanvass of votes cast. the polls are closed, shall immediately publicly proceed to open the ballot box and count and canvass the votes cast, and they shall thereupon. under their hands and seals, make out in duplicate a certificateCertificates in duplicate. of the result of said election, specifying the number of votes, in words and figures, east for each candidate, and they shall then immediately carefully and securely seal up in one envelope one of said duplicate certificates and one of the registers of voters, all the ballots cast, and all affidavits made, and mail such envelope, with said papers inclosed,One mailed to governor. at the nearest post-office by registered mail, if possible, duly addressed to the governor of Alaska at his place of residence, with the postage prepaid thereon.
The other duplicate certificate and register of voters, with the oathsOne clerk of district court. of the judges of election, the judges of election shall at once seal up in an envelope addressed to the clerk of the district court for the division in which the precinct is situate, at his place of residence, with the postage thereon prepaid, and deposit the same in the nearest post-office. by registered mail, if possible. And the said clerk shall, asCertified copy. soon as he receives the said duplicate certificate, at once make out and duly mail to the governor of Alaska a certified copy of such certificate.
The clerks of the district courts for the various divisions of AlaskaPreservation of documents. and the governor of Alaska shall each retain and carefully preserve all such documents received by them until the end of the term for which the Delegate chosen has been elected. Sec. 12. That the governor, the surveyor-general, and the collectorTerritorial canvassing board. of customs for Alaska shall constitute a canvassing board for the. Territory of Alaska to canvass and compile in writing the vote specified in the certificates of election returned to the governor from all the several election precincts as aforesaid.
The said canvassing board shall commence the performance of itsCanvass of result. duties at the office of the governor within ten days after the third Tuesday of October in each year in which an election is held under and by virtue of this act, and shall continue with such work from day to day until the same is completed; and said canvass shall be publicly made. In case it shall appear to said board that no election return as hereinbeforeCertified copy of certificate. prescribed has been received by the governor from any precinct in which an election has been held, the said board may accept in place thereof the certified copy of the certificate of election for such precinct received from the clerk of the court, and may canvass and compile the same with the other election returns.
Said board, upon the completion of said canvass, shall declare theDeclaration of result. person who has received the greatest number of votes for Delegate to be the duly elected Delegate from Alaska for the term for which he 174has been so elected, and shall issue and deliver to him in writing under Fees.their hands and seals a certificate of his election. Sec. 13. Publication in newspapers.That each newspaper in Alaska authorized to publish the notice of election provided for herein, and having published the same according to law, shall be entitled to receive therefor not more than Posting notices in polling places.ten dollars for the entire publications of any one election; that each commissioner in the Territory of Alaska is authorized to contract for the proper posting of all elections notices, as provided herein, in each voting precinct created in his said election district, and that not more than the sum of ten dollars shall be allowed at each election for the Rental.posting of said notices in any one voting precinct in Alaska; that not more than ten dollars at each election shall be allowed for the rental Election officers.of a proper polling place in each voting precinct in Alaska: that each of the judges of election who shall qualify and serve as such in any precinct on said election day and each of the clerks of election in an incorporated town shall be entitled to a compensation of five dollars for all services performed.
Sec. 14. Payment of expenses.That the compensation for said newspaper publications, the proper posting of said notices, the rental of said polling places, the fees of the judges and clerks of election in each precinct, together with the cost of securing a ballot box and the cost of necessary postage and stationery, shall be certified with proper vouchers and receipts attached by the various election officials to the judge of the district court in the said judicial division in which said voting precinct is situate, Audit of.and the same shall be audited by said judge and shall be paid by the clerk of the court of said division out of the same fund and in the same manner as the incidental expenses of said district court are paid.
Sec. 15. Penalties.For illegal voting, etc.That any person who by any means, shall hinder, delay, prevent, or obstruct any other person from qualifying himself to vote or from lawfully voting at any election herein provided for, or who shall knowingly personate and vote or attempt to vote in the name of any other person, or who shall vote more than once at the same election. or shall vote at a place where or at a time when he may not lawfully be entitled to vote, or shall do any unlawful act to secure an opportunity to vote, for himself or for any other person, or who, by Intimidation, bribery, etc.or through any force, threat, intimidation, bribery, reward or offer thereof, unlawfully vote himself or procures another to vote, or prevents or induces another to refrain from exercising his right of suffrage, or induces by any means any officer of an election to do any unlawful act or omit to do his duty in any manner, or who, directly Changing returns, etc.or indirectly, in any manner shall fraudulently change or cause to be changed the returns or the true and lawful result of any election hereunder or shall attempt to do the same, or who shall delay, cause to be delayed, or connive at the delay of election returns in any manner or attempt to do so, shall be guilty of a crime, and upon the conviction thereof shall be punished by a fine of not more than five hundred dollars nor less than one hundred dollars, or imprisoned not more than three years, or both, in the discretion of the court, and pay the costs Neglect of duty, etc., by officers.of the prosecution; and every officer of an election held hereunder who neglects to perform or violates any duty imposed upon him as such officer, or knowingly does any unauthorized act with the intent to affect the election or the result thereof, or who shall permit, make, or connive at any false count or certificate of election, or who shall conceal, withhold, destroy, or willfully delay the returns of election, or connive at the same being done, or who shall aid, counsel, or procure any person to do or attempt to do any act made a crime hereinbefore, or shall attempt to do any of the acts hereinbefore mentioned, shall be guilty of a crime, and upon conviction thereof shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment of not more than five years, or both, in 175the discretion of the court, and shall pay all costs of the prosecution; and jurisdiction of all such matters is hereby conferred upon the districtJurisdiction. court of Alaska.
Sec. 16. That this act shall take effect upon its passage.Effect. Approved, May 7, 1906.