any act, transaction or thing not done or performed in accordance with the mandatory or directory provisions hereinafter set forth directed to any candidate for any office or to any other person within the purpose and intendment of this act, shall be considered a corrupt practice on the part of the candidate or other person doing that which is prohibited or avoiding or failing to do that which is commanded, and shall subject such person cr persons to the penalties hereinafter provided for. Agreements Unlawful. 2841. [Sec. 3.] It shall be unlawful for any candidate to enter into any agreement with any person or persons, nor shall any person, association of persons or corporation on behalf of, or in support of any such candidate enter into any agreement with any person or persons under which he will parcel out or divide his office with any person or persons, or divide the emoluments thereof in any manner whatsoever; provided, that in the case of a candidate for the office of sheriff of a parish he may hereafter agree pending his candidacy for nomination or election to employ not more than five deputies in any particular parish, and to make agreement with said deputies in anticipation of the election for his nomination or election to office; and provided further, that in the event the number of deputies herein authorized may appear not to be sufficient to subserve the needs of the public, the sheriff after his election shall be authorized to add such a number of deputies as may be authorized by the judge of the District Court upon the petition of the Sheriff filed with the said Court, and entered upon the records of the Court, setting forth the reasons for which the additional number of deputies may be required, the term of service for which they are required, and he shall be bound to prove to the satisfaction of the District Judge that no such appointment was made as the result of any agreement or understanding entered into between the Sheriff or any person or persons proposed as additional deputy or deputies at any time anterior to the election at which the said sheriff may have been elected. The depositions of said sheriff shall be taken and filed with the application herein provided for and the order of the Court bearing thereon; provided further, that nothing in these provisions shall interfere with any appointments that may now exist of deputy sheriffs who may hold their appointments under existing laws and subject thereto, nor shall the provisions of this act be construed to prevent the sheriff from using the constables from the various wards of the parish from which he is elected to serve any process of Court and perform such other duties as may be required of sheriffs under the compensation fixed by law for such services in the manner provided for by the Article 765 of the Code of Practice; it being further provided that before the District Judge shall increase the number of deputy sheriffs as authorized by the provisions of this act he shall require satisfactory proof that the constables of the various wards can not serve the purpose for which the increase in the number of deputy sheriffs is required, nor shall the provisions of this act with reference to the appointment of deputy sheriffs be construed to apply to any parish which has a population of over three hundred thousand persons. Be it further provided that any contraventions of the provisions of this Section wherein any appointment is made of any deputy sheriff contrary to its provisions, the said appointment shall raise the presumption of an illegal anti election promise and he declared a corrupt practice on the part of the sheriff making said appointment subject to the penalties hereinafter provided. Nothing in the provisions of this act shall be construed, however, as conflicting with the authority of the sheriff to summon a posse comitatus. Parcelling of Office Prohibited. 2842. [Sec. 4.] Any person candidate for any office, or candidate for election to any office, who shall agree to parcel out or divide his office with any person or persons not rendering actual service in such office in the manner required by law or beyond the provisions of this act; or who shall promise to pay or actually pay to any person from the revenues of his office or otherwise any money whatever or other consideration of whatever nature without the actual rendering of public service by the recipient of such payment or consideration, or any person who shall violate the provisions of this act as set forth in various sections shall not only be guilty of a corrupt practice, and subject to the penalties provided for by this act, but he shall forfeit the right to a nomination to the office for which he may be a candidate if said fact is established within fifteen days before the election for said nomination, and the proceedings tending to establish the verity vel non of such charge shall be tried in a summary manner before any court of competent jurisdiction, and if he shall have been elected to the office, shall forfeit the right to said office to which he may have been elected unless there is a constitutional provision to the contrary. In the event that the violation of the provisions of this section occur before the primary election, or the same can not in due course be ascertained judicially for the purpose of avoiding placing the name of the candidate so offending on the official ballot used at said primary election, it shall not prevent the testing of said question after said primary election so as to deprive the said candidate, if found to have violated this section, of the right of appearing on the regular ticket at the general or special election at which he may be a candidate for election, or if so placed upon said ticket, that the commission shall not issue to him in the event of his election unless there be a constitutional provision to the contrary, in any case in which it may have been judicially determined that the candidate so elected violated in substantial manner the provisions of this act. Provisions to Apply to Future Candidates. 2843. [Sec. 5.] The provisions of this law with reference to the appointment of deputies as hereinabove provided, shall not effect such deputies as may now have been appointed under existing laws, but the same shall apply to every succeeding candidate who may hereafter seek the nomination or election to any office authorized to appoint deputies as hereinabove referred to, nor shall any officer now an incumbent of such office, be authorized to increase the number of deputies now appointed in said offices except in conformity with the provisions of this act, and the violation of these provisions in any manner shall be construed as a corrupt practice, punishable under the provisions of this act. Designation of Parties to Receive and Disburse Funds. 2844. [Sec. 6.] [Sec. 6.] Any person who becomes a candidate for nomination of any political party at any primary election, shall at the time of announcing his candidacy, file with the committee authorized by law to receive such declaration of candidacy the names of not less than one, or more than five, persons selected to receive, expend, audit and disburse all moneys contributed, donated, subscribed, or in any wise furnished or raised for the purpose of aiding or promoting nomination or election of such candidate, together with the written acceptance and consent of such persons to act as such committee; provided, that any candidate may, if he sees fit to do so, declare himself as the person chosen for such purpose, or may, either in the first instance, or within five days after he has received any party nomination, designate the parish or State committee of his party for such purpose, in which event the maximum number hereinbefore stated shall not apply. Such person or persons, or committee, may act conjointly for any number of candidates. They shall appoint one of their number to act as treasurer, who shall receive and disburse all moneys received by said committee. He shall keep detailed accounts of all receipts, payments and liabilities. Failure to make such declaration of appointment or election by any candidate shall operate as a refusal to accept such nomination. The said committee shall have the exclusive custody of all moneys contributed, donated, subscribed, or in any other wise furnished for or on behalf of the candidates or political party represented by said committee, and shall disburse the same on proper vouchers. If, for any cause, a vacancy shall occur in the membership of said committee prior to the fifteenth day before the day of holding a primary or general election, the vacancy must be filled by the authority making original appointment. No vacancy by resignation from said committee, or by refusal to act thereon, shall occur after the fifteenth day before the day of holding said election, and until the said committee shall have completed and discharged all the duties required by them by this act. If any vacancy be created by death or legal disability, subsequent to the fifteenth day before the day of holding an election, such vacancy shall not be filled, and the remaining members shall discharge and complete the duties required of said committee as if such vacancy had not been created. No candidate for nomination or election shall expend any money, directly or indirectly, in aid of his nomination or election, except by contribution to the committee designated by him as aforesaid. Any person who shall act as his own committee shall be governed by the provisions of this act relating to committees designated by candidates. What Statement Shall Contain. 2845. [Sec. 7.] Within five days after any primary election, and within twenty days after any general election, the treasurer of said committee shall file, as hereinafter provided, an itemized statement, showing in detail all the moneys contributed, donated, subscribed, or in any wise furnished or received, to the use of the political party, organized assemblage or body, or any or all the candidates for public office or electors, or for nomination, coming under the control of such committee, or into their custody, directly or indirectly, together with the name of cach contributor, donor, subscriber, or source from which such monies were derived, and an itemized statement of all money expended in sums over five dollars; such statement shall give the names of the various persons to whom such moneys were paid, the specific nature of each item, by whom the service was performed, and the purpose for which it was expended. There shall be attached to such statement an affidavit, subscribed and sworn tc, by the treasurer of said committee, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys, securities, or equivalents for moneys, coming under the control or in the custody of said committee and by them expended, directly or indirectly. Such statement shall be filed in the same office in which is filed the certificate of their selection as such committee, and shall become a public document and open to inspection by any citizen. Time of Filing Statement. 2846. [Sec. 8.] Every candidate who is voted for at any primary or general election held within the State shall, within five days after any primary election, and within twenty days after any general election, file, as hereinafter provided, a statement under oath, showing all moneys paid, loaned, contributed or otherwise furnished by him to said committee in aid of his election or nomination. Such statement shall give the names of the various persons, if any, who paid, loaned, contributed, or otherwise furnished any moneys to said candidate in aid of his election or nomination. There shall be attached to such statement an affidavit, subscribed and sworn to by such candidate, which must be substantially in the following form: Form of Statement. State of Louisiana, Parish of... I (give name), having been a candidate for. SS. ..at the (primary or general) election held in the parish, city, and parish, city or other division, State of Louisiana, on the.. day of have paid the sum of $... 19...., do solemnly swear that I ..to.. ... (naming the commit tee designated by him), for my expenses at the said election, |