Commencement of Regular Terms of Office.

SEC. 58. The regular term of office of all state, district and county officers, and of the justices of the supreme court, shall commence on the second Monday of January next after the election, except as otherwise provided by law.

(State ex rel. v. Conn, 14 K. 217; Hagerty v. Arnold, 13 K. 367; State ex rel. v. Thoman, 10 K. 191; Bond v. White, 8 K. 333.)

Term When Elected or Appointed to Fill Vacancies. SEC. 59. Any of the said officers that may be elected or appointed to fill vacancies, may qualify and enter upon the duties of their office immediately thereafter, and, when elected, they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but, if appointed, they shall hold the same only until their successors are elected and qualified.

(Rogers v. Slonaker, 32 K. 191; Hagerty v. Arnold, 13 K. 367; Rice v. Stevens, 25 K. 302; State v. Mechem, 31 K. 437; Bond v. White, 8 K. 333.)

Vacancy in Office of Senator or Representative.

SEC. 60. Whenever a vacancy shall occur in the office of senator or member of the house of representatives, in any county, or counties, or district, in this state, entitled by law to such senator or representative, the governor shall, upon satisfactory information thereof, issue a writ or writs of election to the sheriff or sheriffs of said county or counties, entitled by law to such senator or representative, as aforesaid, directing him to give notice of a special election within such county or counties, on a day specified in such writ or writs, for the purpose of filling such vacancy; and the sheriff shall proceed to give notice of the time and place of holding such election, as in other cases; and such election shall be held and conducted, and the returns thereof be made to the county clerks in the same manner, and within the time specified in this act.

Commencement of Term of Senators and Representatives. SEC. 61. The regular term of office for members of the senate and house of representatives shall commence on the second Tuesday of January next succeeding their election,

Elections to Fill Vacancies; Canvass of Votes.

SEC. 62. In all elections to fill vacancies under this act, when a special election is held, the commissioners of the county shall, on the next Friday, or immediately thereafter, at ten o'clock A. M., assemble at the county clerk's office, and proceed to open and canvass the returns; and in making abstracts and returns to the secretary of state, the same rules shall be observed as are prescribed in cases of general elections; and the

secretary of state shall, immediately upon the receipt of such returns at his office, convene at least two of the state board of canvassers, beside himself, who shall proceed as in case of general elections.

Free from Arrest at Elections; Exceptions.

SEC. 63. All judges, clerks and voters shall be free from arrest, except for felony and breach of the peace, in going to, attending on, and returning from, elections.

(McAnarney v. Caughenaur, 34 K. 623.)

Election Not Held Where Liquors are Sold.

SEC. 64. No poll shall be opened, or election held, in this state, at or in any building in which spirituous, vinous, fermented or other intoxicating liquors are kept or sold.

(Gilleland v. Schuyler, 9 K. 569; Jones v. State, 1 K. 279.)

Neglect of Duty by Election Officer; Corrupt Conduct, Etc. SEC. 65. If any officer, messenger or other person on whom any duty is enjoined, by law, relative to general or special elections, under this act, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the execution of the same, he shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, and by imprisonment not exceeding one year; and if any officer shall be convicted as aforesaid, he shall be immediately removed from office.

Perjury by Person Challenged.

SEC. 66. If any person challenged as unqualified to vote, shall be guilty of willful and corrupt swearing or affirming, in taking any oath or affirmation prescribed by this act, such person shall be adjudged guilty of perjury, and, upon conviction thereof, shall suffer the punishment attached by the laws of this state to the crime of perjury.

Judge Receiving Illegal Vote.

SEC. 67. If any judge of the election shall knowingly receive or sanction the reception of a vote from any person not having all the qualifications of an elector, prescribed by this act, or receive or sanction the reception of a ballot from any person who shall refuse to answer any question which shall be put to him, in accordance with the provisions of this act, or shall refuse or sanction the refusal by any other judge of the board to which he shall belong, to administer either of the oaths or affirmations prescribed by the third [second] article of this act, he shall, upon conviction thereof, be subject to the same punishment as is prescribed in section seventy-six [sixty-five].

Falsely Personating any Voter.

SEC. 68. Any person who shall falsely personate any voter, and vote under the name of such voter, shall, upon conviction, be punished by confinement and hard labor not exceeding three years.

Prosecutions by Indictment or Information.

SEC. 69. All prosecutions under the provisions of this act shall be by indictment or information before the district court, in the county where the offense shall have been committed.

Fines Paid into County Treasury.

SEC. 70. All fines incurred under this act shall be paid into the county treasury where the offense was committed, for the use of such county.

Fees of County Clerk under this Act.

SEC. 71. Every county clerk shall receive for his services, performed under this act, the following fees, to wit: For making out abstracts, for every hundred words, ten cents; for each certificate, with seal, attached to abstract, fifty cents; for certificate to county officer, of his election, with seal attached, fifty cents; which fees shall be paid out of the county treasury.

Compensation of Judges and Clerks.

SEC. 73. The judges and clerks of any election held under this act shall receive, as compensation for their services, the sum of two dollars each; and the judge carrying the returns from his township, election district, or ward, to the county clerk's office, shall receive for said service the sum of one dollar, and five cents per mile for each mile necessarily traveled in going to and returning from said office; said compensation to be paid out of the county treasury.

Special Messenger Sent for Abstracts.

SEC. 74. The special messenger sent by the secretary of state to any county for a copy of the abstract of votes of such county, shall receive, as compensation for his service, the sum of two dollars per day for the time necessary to go and return to such county, and five cents per mile for each mile traveled in going to and returning by the usual traveled route from the capital to the county seat of such county.

ARTICLE 6.- CONTESTED ELECTIONS.

NOTE.-Sections 75-111, inclusive, provide the manner in which the election of any officer, state, county or township, may be contested, and establish code of procedure in such contest. (See General Statutes 1889, pp. 817 825.)

NOTE.-Sections 112-122, inclusive, provide manner of contesting county-seat elections, etc. (See General Statutes 1889, pp. 825-831.)

ARTICLE 8.-JUDICIARY.

Ballots for Person Holding Office of Judge Not Counted.

SEC. 123. That all ballots or votes cast at any election for any person holding the office of judge of the district court, or of justice of the supreme court, except for a judicial office, shall be deemed and held to be void, and shall not be counted by the judges and clerks at any election, nor by any canvassing board, nor shall any record of the same be made by any canvassing board, nor any certificate of election issued thereon.

Violation of Act; Misdemeanor.

SEC. 124. Any person violating the provisions of this act shall be deemed and held to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not less than three nor more than six months.

PROHIBITED LEGISLATION.

No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed. (Sec. 16, art. 2, Const.)

All laws of a general nature shall have a uniform operation throughout the state; and in all cases where a general law can be made applicable, no special law shall be enacted. (Sec. 17, art. 2, Const.)

The enacting clause of all laws shall be, "Be it enacted by the legisislature of the state of Kansas," and no law shall be enacted except by bill. (Sec. 20, art. 2, Const.)

The legislature, in providing for the formation and regulation of schools, shall make no distinction between the rights of males and females. (Sec. 23, art. 2, Const.)

No money shall be drawn from the treasury, except in pursuance of a specific appropriation made by law, and no appropriation shall be for a longer term than two years. (Sec. 24, art. 2, Const.)

The legislature shall pass no special act conferring corporate powers. (Sec. 1, art. 12, Const,)