Jasper County Democrat, Volume 14, Number 85, Rensselaer, Jasper County, 3 February 1912 — CONCERNING THE DISBURSEMENT OF CAMPAIGN FUNDS [ARTICLE]

CONCERNING THE DISBURSEMENT OF CAMPAIGN FUNDS

Act Also Sets Forth Penalties for Corrupt Practices at Elections, Caucuses and Primaries. IS WIDE IN ITS APPLICATION Particularly the Matter of Soliciting Contributions Is Dealt With— Limit of Legitimate Expenses Set Forth—How Reports J Must Be Made. An act concerning corrupt practices at elections, caucuses and primaries, and the collection and disbursement of campaign funds.Elections—Corrupt Practices —Application of Act. Section 1. Be it enacted by the general assembly of the State of Indiana, The provisions of this act shall apply to the election of all officers for whom ballots shall be cast pursuant to the provisions of the laws relating to elections, to the election of all officers to be voted for by the general assembly, by the common council Of any city or the board of trustees of any incorporated town, to the election of county superintendents, to all caucuses and primary elections preliminary io any such other elections, and to all candidates to be voted for at such elections, caucuses and primary elections. The term "caucus and primary elections” shall include: (a) all meetings and elections.held to nominate a candidate for office or to elect delegates to a nominating convention; (b) nominating conventions of such delegates, and (c) caucuses of members of > the general assembly, of the common council of any city, and of the hoard of trustees of any incorporated town.

Terms in Act Defined—Treasurer or Agent. .Sec. 2.The term “political committee,” within the meaning of this act; shall include every committee or combination of two or more persons to aid or promote the or defeat of any political party or principle in any election, or of any proposition submitted to vote at a public election, or to aid or take part in the nomination or election of any candidate for public office. The term “treasurer” shall include all by any political committee or candidate for nomination or election to any public office, to receive or disburse moneys to aid or promote the success or defeat of any such party, principle or candidate. The term “political agent” shall include all persons appointed by any candidate before any election, or primary election, to assist him in his candidacy. No person shall act as any such treasurer or political agent unless, after his appointment, and before the primary or election for which he is appointed, a writing, signed by the political committee or candidal e appointing him, and designating him as such treasurer'Or political agent, shall tiled with the secretary of state, except that in case the duties of such treasurer or political agent shall relate to any district, county, township, city, city ward or town election exclusively, or to any primary election preliminary thereto, such writing shall be filed with the clerk of the circuit court of the county within which such treasurer or political agent resides, instead of with the secretary of state. Every such writing shall designate the particular period, election or primary election, within which such treasureship or political agency shall continue. Nothing in this act shall prevent the treasurer or political agent of any candidate from being the treasurer or political agent of any other candidate, and any other candidate for public office may designate himself as his own political agent. No person shall be appointed or act as treasurer or political agent in any flection or primary election who is not a citizen and a resident of the State of Indiana. Political Committee Treasurer— Bond—Penalty.—Sec. 3. Every political committee shall appoint and constantly maintain, a treasurer to receive, keep and disburse all sums of money or other valuable things, which may be collected, received or disbursed by such committee or by any of Its members for any purposes mentioned in section 1 of this act, or for which such committee exists or acts and unless such treasurer is first so appointed and maintained, it shall be unlawful and a violation of this act for a political committee or any of Its members to collect or receive or disburse money or other valuable things for pny such purposes. The treasurer appointed under this act by the state central committee of any party and the treasurer appointed in « any county by the county central committee or in any city by the city central committee before proceeding to act, shall give bond to the State of Indiana in such penalty as the committee by whom he shall be appointed shall .prescribe, conditioned for the faithful performance by him of the duties of his office without loss or detriment to any person interested in the performance of such duties; upon which bond an action may be maintained in the name of the State of Indiana, foT the 5 use of any person interested In the faithful performance

of his said duties, and injured by a breach of the condition..of said bond. The premium required to be paid for such bond, If any, may be paid by him out of the funds that shall come into irfs hands -as -such treasurer and shall be allowed to him as a credit In the settlement of his accounts. All money or other valuable things collected, received or disbursed by any political committee or by any member,, or membets thereof, for any of the purposes aforesaid shall be paid over to and made to pass through the hands of the treasurer»of such committee and shall be disbursed by him and not otherwise; and it shall be unlawful and a violation of this act for any political committee or for any member or members of a political committee to disburse qr expend money, or any other valuable thing for any of said purposes until the money or other valuable thing so disbursed or expended shall have passed through the hands of the treasurer of said committee; and any person .other than a member, of such political committee or other than the political agent hereinbefore defined, who shall engage in disbursing or receiving money for any of the purposes aforesaid, shall be deemed a treasurer of the political committee within the meaning; of this act and shall be subject to all the requirements, obligations and penalties hereby provided for in the case of such treasurer. Provided, however, that the treasurer appointed under this act by the state central committee of any party, or the treasurer appointed in any county by the county central committee, or the treasurer, appointed by any city central committee of any party may appoint one sub-treasurer for each voting precinct in said county or city, as the place may be, which subdreasurer is authorized to expend * such money as may be placed in his hands by the treasurer 'appointing him for such purposes as are lawful under the provisions of this act and for no other purpose, and it shall be the duty of every sub-treasurer, within ten days after every election or primary. election to make a report in writing, under oath to the treasurer appointing him, stating in detail the amount of money placed in his hands by said treasurer and for what purposes the s&ld money was expended by him and to whom paid, and each sub-treasurer shall file vouchers for all money ex-, pended by him,, which vouchers shall I state the purpose for which said sums i are expended; and it shall be the duty ! of every such treasurer to file the re-| port of every sub-treasurer appointed ; by him, alongwith and as a part of the account and statement required • to be filed by such treasurer under the I provisions of section 7 of this act. Any person or persons violating or failing to comply with any of the provisions.i of this section or the preceding sec- ' tion of this act shall be guilty of a misdemeanor and upon conviction"' thereof shall be fined not less than three hundred dollars, nor more than I one thousand dollars, or imprisoned ' for not more than one year, or both I fined and imprisoned in the discretion !• of the court. , i I

Soliciting Contributions—Voluntary ' Contributions.—Sec. 4. It shall be unlawful lor any political committee ; or officer thereof to solicit any con tri- i bution, payment or favor from any candidate for any office or from any person desiring to lieccme a candidate. Any person nominated as a candidate for public office or a candidate for such nomination may make a voluntary payment of money to any treasurer or' political agent, for any of the purposes permitted by this act: Provided, however, that no,, person, other thgn such candidate shall to aid or promote the success or defeat of any political party or principle or of any candidate for public office, or of any candidate for nomination as such, within six months prior to any such election make a contribution of money or property or incur any lialility or promise any valuable thing to any person other than to a treasurer or political agent. No contributions, payments or savoys of any kind shall be made, extended by or solicited from any private corporation, or any judge of the circuit court, criminal, superior, probate, appellate or supreme courts of the State of Indiana or any candidate for judge of any of such courts, to promote the success or defeat of any candidate for public office or of any political party or principle or for .any other political purpose whatever. Nothing contained in this act. shall limit or affect the right of any person to expend money for proper legal expenses in maintaining or contesting the result of any election.

Payment of Election Expenses— Hovy Made.—Sec. 5. No person other than a treasurer or political agent shall pay any of the expenses of any election, caucus or primary election, except that a candidate may pay his own expenses for postage, telegrams, telephoning, stationery, letters, circular letters, printing, expressage and traveling; but the provisions of this section shall not apply to non-partisan election and ante-election expenses paid out of the public moneys of the state, or of any town.Acity, county or other municipality. Th? payments, expenditures, promises and liabilities, which any candidate for nomination or election, or both may make or incur directly or indirectly under this, or the preceding section, shall' not exceed in the whole ,twenty-five dollars for each thousand (or the major portion thereof) up to fifty thousand, ten dollars for each thousand (or the major portion thereof) in excess of fifty thousand and up to one hundred thousand, and five dollars for each thousand (or the major portion thereof) in excess of o'fte hundred thousand of the voters qualified to vote for the office in question at the next preeed-

Ing election therefor, except that such candidate may expend twenty-five dollars for said purposes, all to be paid, handled and disbursed by' a treasurer or political agqpt and not otherwise; and any payment,. confrlbution, expenditure of, or promise or liability to pay, contribute or expend any money, or valuable thing in excess of said sum sjiall be unlawful: Provided, whomever, that a candidate may pay personally, in addition to said sum or valuable thing or things amounting thereto, his own expenses for postage, letters, circular, letters, telegrams, telephoning, stationery, printing, advertising, publishing, expressage, traveling and board: and, Provided further, that nothing in this act shall be taken or construed to prohibit the chairman of the state central committee of the state, or the chairman of any county, city or town central committee of any political party from soliciting contributions for campaign purposes, which contributions, however, shall all be expended in accordance with and subject to the provisions and restrictions of this act: and, Provided further, that such contributions shall not be solicited from any candidate for office, any Judge of a circuit, criminal, superior, probate, appellate or supreme court, in the State of Indiana or any private corporation. Legitimate Expenses—Penalty.— Sec. 6. It shall be lawful for any treasurer or political agent in connection with, any election or primary election, and In making provisions therefor to pay the following expenses: (a) Of hiring halls and music for conventions, public meetings and public primaries and for advertising the same; . , , . (b) Of printing and circulating political articles, circulars, circular letters, pamphlets and books; j (c) Of printing and distributing sample or specimen ballots and instructions to voters; ($) Of renting rooms and headquarters to be used by political committees ; (e) Of compensating clerks, stenographers, typewriters and other assistants employed in the committee

rooms, and also of challengers, watchers and messengers employed in the registration rooms, in the voting rooms and at the polls; (f> The traveling and other legitimate expenses of political agents, committees and public speakers; (g) Of necessary postage, telegrams, telephoning, printing expenses and conveyance charge for carryjhg sick and infirm persons to and from the polite or to and from the office of registration;

(h) The cost and expenses of messengers sent by the direction of the chairman of the state central committee of any. political party in, connection with the party matters or interests, and also the cost and expenses of any person or persons summoned by or at the instance of the chairman of the state central committee, or of the county central committee, or of the city central committee of any political party to the committee headquarters or offices in connection with party matters or, interests. and also for the accommodations and enter-

tainment of such persons. (i) All expenses incurred by or under the authority of the chairman of the state central committee or of tire chairman of the county central committee, or of the chairman of the city central committee of any political party in providing accommodations and entertainments for the rpembers of the state central committee, or of the county central committee, or of the city central committee, or for the transportation of such members, when assembling for any meeting o-f said i committee or visiting the headquarters of said committee in connection with party matters or interest. No treasurer or political agent.shall incur any expense or liability or make any payment for any purpose not authorized by this section, and every liability incurred and payment made shall be at rate which is proper and reasonable and fajrly commensurate with the service rendered. It shall riot be lawful for any treasurer or any political agent to accept any money for printing or publication of any political matter whatsoever, Which shall not purport on its face to be printed or published by the authority of said treasurer or political agent, and which, if published in any news paper or other periodical, shall not be marked as an advertisement. The treasurer appointed and acting for or in connection with the state central committee of the state, or the county central committee of the county, or the city central committee of the city, of any political party shall not expend or disburse any money .or any valuable thing or incur any liability whatsoever except by the authority and subject to the’ direction of the state central committee of the state, or of the county central committee of the county, or of the city central committee of the city, for or in connection with which said treasurer may be appointed or acting. Every person expending money in the violation of this section or sections 4 or 5 and every person violating or failing to comply with any of the provisions of this section or of section 4 or 5 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined riot less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more fiian one year in jail, or both fined and imprisoned in the discretion of the court. Treasurer or Agent’s Report—Penalty.—Sec. 7. Within tw'enty days after every election or primary election, every treasurer and every political agent shall file a full, true and detailed account and statement, sub= scribed and sworn to by him, before an officer authorized to administer

oaths In the office of the clerk of the circuit court of the county in which said treasurer or political agent resides, which statement shall Include , the amount of money or property in each case received or promised, the name of the person from whom it was received, or by vhom it was promised, the amount of every expenditure made or promised, or valuable thing given or promised, or liability of any sort incurred, the name of the person to whom such expenditure, gift or promise thereof was made, or to whom such liability was incurred, and shall clearly state the purpose for which such money or property was so expended, given or promised, or for which such liability was* incurred, separating expenditures, gifts, and liabilities for elections and primary elections. Such statement shall also set forth in detail all unpaid debts and obligations, if any, of such treasurer or political agent, with the nature and amount of each, for what purpose incurred and to whom owing, and if there are no unpaid debts or obligations of such treasurer or political agent, such statement shall state such fact. Every treasurer and

every political agent and every person who shall at any time act as treasurer or political agent, shall keep detailed, full and accurate accounts in a proper book or books called “account books,’’ to be provided and preserved by him, of all money or valuable things received by or promised to, and of all expenditures, disbursements and promises of payment or disbursement of money or valuable things made by any political committee, or any of its officers or members, or by any person acting under its authority, or on its behalf, or by such treasurer or politb cal agent, and setting forth in such statement and accounts the sum of valuable things so received, or disbursed, or promised, as the case may be, and the date when, the person from whom received or promised, or to whom paid or promised, as the case may be, and the object and purpose for which such sum, or valuable thing, was received or disbursed, or promised as the case may be. Every treasurer ahd every political agent, as defined by this act, who shall fail or refuse to make out, verify and file with the clerk of the circuit court the statement required by this section of this act, or who shall fail to provide, keep and preserve the book or books of account and the entries and statements therein as aforesaid, or any of them shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than three hundred dollars nor more than one thousand dollars, to which iipppisonment in the county jail may beXadded not to exceed one year. 1

Candidate’s Itemized Statement— Penalty.—Sec. 8. Every candidate for public office, including candidates for office of senator of the United States, within thirty days after the election or primary election, held to nominate for or fill such office or place, shall make out and file with the officer empowered by law to issue the certificate of election to such office or place and a duplicate thereof with the- clerk of the circuit court for the county in which such candidate resides, a full, true and itenjized statement in writing, which statement and duplicate shall be subscribed and sworn to by such candidate before an officer authorized to_ administer oath<, setting forth in detail all moneys or other valuable things contributed, expended or promised by him to aid and promote, or in any way in connection with his nomination or election, or both as the case may be, or for other political purposes in connection with the election of any other person at said election, and all existing unfulfilled promises or liabilities in that connection remaining uncancelled and in force at the time such statement is made, whether such expenditures, promises or liabilities were made or incurred, before, during or after such election, and showing the dates'when, the person to whom, and the purpose for which each and all of said sums or valuable things were paid, expended or promised or said liabilities incurred. Such statement shall also set forth that the same is full, true and correct. In cases where the office or place is such that no commission or certificate of election is required by law to issue therefor, then the original statement aforesaid shall be filed with the secretary of state. No person shall be deemed elected to any elective office, under the laws of this state, or enter upon the duties thereof, or receive any salary or emoluments therefrom, until he shall have filed the statement and duplicate provided for in this section of this act; and no officer authorized by the laws of this state to issue commissions or certificates of election shall issue a commission or certificate of election to any person claiming to be elected to any office, until such statement as aforesaid shall have been so made, verified and filed by such person with such officer. Any person violating or falling to comply with any of the provisions of this section shall be guilty Of a misdemeanor, and upon conviction thereof shall be v fined not less than three hundred dollars nor more than two thousand dollars, or imprisoned for not more than one year, or both fined and imprisoned in the discretion of the court. Ten days after the period above ascertained for the filing of said original statement shall

have expired, the officer with whom the same is, by this section, required to be filed, shall notify the proper prosecuting officer of any failure to file such statement on the part of any candidate, and within fifteen days such prosecuting officer shall proceeds to prosecute for such offense. / False Statement—Perjury.—Sec. t. Any wilfully false statement or entry

I made by any candidate for any office, treasurer, political agent or any per- . son acting as treasurer or political agent, or by any member or officer of any political committee, in any statement or account under oath required by this act, shall constitute the crime of perjury, and be punished as such i according to the laws of this state.

Statements Become Public Records. —Sec. 10. Every officer with whom a statement or accounts or duplicates thereof are required by any section of this act, to be filed, shall receive and file and preserve such statements or accounts or duplicate thereof in his office and shall keep the same as part of the records thereof for at least three years after they are filed. And all such statements and accounts shall, during the hours for which the office in which they may be filed is open, be subject and open to the inspection of any citizen of this state, and copies of such statements or accounts, certified by the officer in whose office they may be so kept, (inder the Seal of his office shall be evidence in all the courts to the same extent as the original thereof would be if produced and proved.

Corrupt Practices—Guilt Defined— Penalty.—Sec. 11. The following persons shall be guilty-of corrupt practices and shall be punished in accordance with the provisions of this act: Every person who shall, directly or indirectly, by himself or by another, give, or offer or promise to any person any money/ gift, advantage, preferment, entertainment, aid, emoluments, or any valuable thing whatever, for the purpose, of inducing or procuring any person to vote, or refrain from voting, for or against any person, or for or against any measure or proposition at any election or primary election or political convention or session of the general assembly of the State of Indiana or either .house thereof. Every person who shall, directly or indirectly, receive, accept, request or solicit from any person, candidate, committee, association, organization, or corporation any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatsoever, for the purpose of inducing or procuring any person to vote or refrain from voting for or against any pefSon, or for or against any measure or proposition at any election or primary election or political convention. Every person who,- in consideration of any money, gift, advantage, preferment, aid, emolument or any valuable thing whatsoever, paid, received, accepted or promised to the advantage of himself or any other person, shall vote, or refrain from voting for or against any person, or for or against any measure at any such election, caucus or primary election or political convention. Every judge of any circuit, superior, crimin'al or probate court, or of the appellate or supreme court of the State of Indiana, or any candidate for judge of any of said courts, who shall, directly or indirectly, contribute or promise any money or other valuable thing to any political agent, treasurer or committee or to any person to defray or towards defraying the costs of any campaign or election. Every person who shall, directly or indirectly, pay, give, contribute or promise any hioney or other valuable thing, to defray or towards defraying the costs or expenses of any campaign or election, to any person, committee, company, club, organization or association, other than a treasurer or political agent: but this subsection or paragraph shall not apply to dues regularly paid for membership in any incorporated political club if all money expended by such club for or in connection with the costs or expenses of any campaigh or election /shall be paid out by it only through a treasurer or political agent as provided in this act, or to any expenses for postage, telegrams, telephoning, stationery, printing, expressage or traveling, and board Incurred by any candidate for office or for nomination thereto, so far as they are permitted by this act. Every person who shall, directly or indirectly, by himself or through another person, make a payment or promise of payment, to a treasurer or political agent in any other name than his own, and every treasurer or political agent who shall, knowingly, receive a payment, or promise of payment, and enter the same or cause the same to be entered in his accounts in any other name than that of the person by whom such payment or promise of payment is made. Every person who, being an employer, pays hjs employes the salary or wages due in “ pay envelopes ” upon which there is printed or in which there is inclosed any political motto, device or argument containing threats, express or Implied, Intended or calculated to influence the political opinions or actions of such employes, or within ninety days of an election or primary election puts or otherwise exhibits in the establishment or place where his employes are engaged in labor any handbill or placards containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or establlshmept will cease, in whole or in part, his establishment be closed up, or the l wages of his employes reduced, or other threats, express or implied, Intended or calculated to Influence the political opinions or actions of his employes. Every person who, before, during of after an election or I primary election, by himself, or by any other person, either directly or indirectly, gives or provides, or pays, wholly or in part, the expenses of glv- ' Ing or providing any meat, drink, entertainment or provlslotis to or for any person for the purpose of influencing that person, or any other person, to give or refrain from giving his vote at the election, or primary election or to Influence his vote in any. other way therein, or on account of his having voted or refrained from

voting, or being about to vote or refrain from voting; and every elector who accepts the same, or any of the same, for any of the purposes aforesaid. Every person who, at any election held pursuant to the laws of this state, applies for a ballot paper in any election room or polling place in the name of any other person than himself, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any election, applies for a ballot paper at the same election in his own name, or any other name, or who aids, abets, counsels, or procures the commission of any such act or acts. Every person who shall be guilty of any corrupt practice as aforesaid shall be fined not less than S3OO nor more than SI,OOO or be imprisoned for not more than one year or both, and shall be ineligible to any public office, or public employment, for the period of four years from and after the time of the commission of such offense.

Contributions by Corporations Unlawful—Penalty.—Sec. 12. It shall be unlawful and shall be deemed a corrupt practice for any corporation incorporated under the laws of the State of Indiana, or of any state or territory of the United States, of the District of Columbia, or of the United States, or of any other country, directly or indirectly, by itself, or through any officer, agent or employe, representative or other person whatsoever, to give, contribute, furnish, lend or promise any money, property, transportation, means or aid to any political party, or any candidate for public office or for nomination thereto, or to any public organization, or to any political committee, or to any treasurer or political agent, as herein defined, either directly or indirectly, to aid, promote or influence the success or defeat of any political party or principle, or any measure or proposition submitted to a vote at a public election or primary election in this state, or-to aid, promote or influence in any manner the election or defeat of a candidate therein, or to be used, applied or expended in any way whatever for political purposes. The president, the several directors and every other officer of any corporation which shall violate any of the provisions of this section, and the president or director, or other officer, or agent of any corporation, who shall personally violate any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than five thousand dollars for each offense, and ■ imprisoned for not more than one year in jail. * " Contest Complaint—Petition—Proceedings.—Sec. 13. At any time within thirty days after any election or primary election, held under the laws of this state, any defeated candidate at such election, or any ten duly qualified voters at such election, may present to the circuit court of the county in which the defeated candidate resides or to the circuit court of any county in the district at which he was voted for by the qualified voters of the district, a petition setting forth undei; oath that corrupt practices, contrary to the provisions of any section of Jtkls act, were committed at or preliminary to such election, within the county, district or city aforesaid, naming the successful candidate or candidates as defendant or defendants and praying that the facts alleged may be inquired into. If the court, upon the affidavit or affidavits filed with such petition, or upon and after such preliminary hearing; as it may see fit to institute, including such notice and representation to the party or parties named as the defendant or defendants in said petition, as the ends of justice may require, shall be satisfied that the purpose of this act and the interests of public justice require further proceedings upon such petition, and against the party or parties named as defendant or defendants therein, it shall order such reasonable notice of such petition or of such further proceedings to be giveii the defendant or defendants, and require him or them to answer, Show cause or otherwise defend as the court may deem just and reasonable, upon the petitioners giving security for costs in such sum of money as the court shall deem reasonable. Such petitions shall be tried without a jury, unless any of the parties thereto shall elect to have, the same tried by a jury. The case shall, if possible, be tried in and during the term in which such petition may be filed, and when a jury trial is demanded by any of the parties to such petition, the jury for said term shall try It, and If the jury for said term shall have been dismissed, the court shall recall said jury for the purpose of trying said case. If In any case It shall not be possible to try such case during the term in which such petition shall have been filed, it shall be tried during the next succeeding term of the court. In every case In which a jury trial shall be demanded, the judge shall frame and submit to she jury for its decision and verdict all appropriate and necessary issues of fact presented by the pleadings in such case or by the scope of the Inquiry or inquiries presented by said case. All persons whom the court shall deem proper or necessary to join or bring in as parties to any such proceeding in order to make its order, judgments or writs effective, may be joined as parties In such manner and upon such notice as the court may direct. In case such petition relates to the election of electors of 'president and . vice president of the United States, a representative in congress, or any state officer or a senator or representative of the general assembly of the State of Indiana, or a judge of the circuit court, superior, criminal or probate court, or a prosecuting attorney, the trial judge shall have no power to declare any such election to bo void, but shall file his finding, or,

fn a case where a jury shall have been demanded, the finding or verdict of such jury, as to whether or not the successful candidate, or any political committee or treasurer, or sub-treas-Urer, or political agent acting for or on behalf of such candidate, was so guilty of corrupt practices, with the secretary of state, together with the transcript of the evidence, and the secretary of state shall thereupon submit the same to the governor of Indiana, when the election is for the* president or vice president of the States, or ■when the election is for a representative in congress, shall submit the same, certified under the seal of the state, to. the sneaker of the -house of representatives; or when the election is for a member of the state sedate, shall submit the same to the president of the senate of the State of Indiana; or when the election is for any state officer or a judge of the circuit, superior, criminal or probate court, or a prosecuting attorney, or representative, ,to the house of representatives of the general assembly of Indiana. In case such petition relates to any other office than those above referred to, the trial judge shall file with the governor his decision or the finding or verdict of the jury in cases where there has been a jury trial, as to whether or, not the successful candidate, or a political committee or treasurer or political agent, acting for or in his behalf, was guilty of corrupt practices, and said trial judge shall also file with the governor his decision, and as to whether or not, upon the findings in sifbh case, such election was void as hereinafter provided. In case the decision or finding so to be filed with the governor shall be that any successful candidate so petitioned against was in person or in the person of a treasurer or sub-treas-urer or his political agent, or through any political committee acting for or in his behalf, so guilty of corrupt practices, such election shall be void, except as hereinafter provided, and in case of such void election, the governor shall, within five days after the receipt of such decision, issue his proclamation decjarlng such election void, and the vacancy tn the office to have been filled by said election shall be filled in the same manner as would be required by law In case said vacancy had arisen from the death of the successful candidate after his election. If any candidate shall have been so found or decided to have been so guilty in person es corrupt practices, he shall be Ineligible to election or appointment to, any public office or employment for a period of four years from the date of said election, but the mere finding or decision that his political agent was so guilty shall not render him ineligible to office; but where the judge shall decide or ’certify upon his finding In any case that any such successful candidate was guilty of corrupt practices only In the person of his agent, and that (a) no corrupt practice was committed by the candidate personally and the offense was committed contrary to his order and without his sanction or connivance; (b) the offense was of a trivial, unimportant and limited character; (c) in all other respects such election was free from corrupt practices on the part of such' candidate and of his political agent, then the election of such candidate shall not be void, nor shall the candidate be subject to any ineligibility therefor. An appeal to the supreme court of the State of Indiana may be taken on questions of law fi;om any decision relative to ineligibility to public office or employment of any such candidate.

Costs, Witnesses and Documents.— Sec. 14, The courts in which such petitions shall be filed shall have authority to tax the costs as In equity cases, and also to subpoena witnesses and require them to testify as In other civil cases, and to compel by subpoena duces tecum the production for examination of any books or papers of any kind, or of any other thing which may be required or desirable In the conduct of such inquiry. In any proceeding held under the, provisions of this or the preceding section, no witnesses shall be excused from answering any question or producing any book, paper or other thing on the ground or claim that his answer or the thing produced or to be produced by him, may tend to incriminate or degrade him, or render him liable to a penalty, but his answer or the thing produced by him shall not 'be used In any proceeding against him, except in a prosecution for perjury in so testifying. Prosecuting Attorney—Duties.—Sec. 15. It shall be the duty of the prosecuting attorney of each county of this state to prosecute, by the regular course of criminal procedure any person whom he may believe to be guilty of having violated any of the provisions of this act within the county or district for which said prosecuting attorney may be acting as such, or any resident of such county 'who l may have violated any provisions of this act In such county or in any other part of the state. And In any criminal prosecution, under this act, or for violation of any of the provisions thereof, no witness, except the person who is accused and on trial, shall be excused from answering any question or~produclng any book, paper or other thing on the ground or claim that his answer or the thing produced or to be produced by him may tend to incriminateor degrade him, or render him liable to a penalty, but his answer or the thing produced by him shall not be used in any proceeding against him, except in a prosecution for perjury in so testifying. Repeal.—Sec. 16. All laws and parts of laws in conflict with this act are hereby expressly repealed. Emergency.—Sec. 17. This act shall 1 take effect from the date of Its passage.