election ballot as a candiate of the party named in said petition; provided, that such affidavit and petition shall not be filed without the written consent of such person to be nominated endorsed thereon; and provided, further, that when the time has expired at which a petition may be filed, and a vacancy exists in the primary election ballot of any political party by reason of no petition having been filed for such nomination, then and in that case the same may be filed by affidavit and petition as provided in this Section, on the payment of one-half of the usual fee, and such affidavit and petition must be filed with the proper officers at least twenty-five days before the primary election; and provided, further, that no petition shall be circulated or signed more than ninety days previous to the time when any petition is required to be filed as herein provided for, and any signatures to a petition secured prior to ninety days shall not be counted. 1913, ch. 223.]

§ 6. FORM OF PETITION.] The petitions required in sections 3, 4 and 5 of this act may be one continuous list of names under the proper title or principle, or there may be a number of such petitions using the same title, giving the aggregate of names required. [1907, ch. 109.]

§ 7. NOMINATIONS BY STICKERS.] A candidate may be nominated by having his name written on or by printed stickers placed over the name or in a blank line left for that purpose underneath the group in each official position; but not more than one name shall be written or printed on any such stickers. [1907, ch. 109.]

§ 8. ELIGIBILITY OF CANDIDATES.] All persons nominated in accordance with the provisions of this act shall be eligible as candidates to be voted for at the ensuing general election. [1907, ch. 109.]

§ 9. BALLOTS, FORM OF. DUTIES OF JUDGES AND INSPECTORS.] The primary election and primary election ballots shall be provided for, arranged and conducted and all expenses paid as now provided by law for general elections, except as otherwise provided for in this Act.

There shall be separate ballots for each party or principle and they shall all be of the same size, texture and color, except sample ballots, which shall be printed on tinted paper.

The ballot shall be entitled "Primary Election Ballot.” The names of all aspirants for nomination for each political party or principle for the different offices shall be arranged in separate groups in their order, on separate ballots under a proper political designation, leaving one or

more blank lines or spaces below each group of names on which may be written or placed a name or a printed sticker attached for the nomination of the committee. No squares shall be left at the head of the ballot.

At the head of each ballot shall be placed the title of the political party or principle that it represents.

At the left of each group shall be placed the title of the office, followed by a bracket, indicating the number of names in such group. Above each group there shall be a space in which shall be printed the number of names in that group to be voted for as follows:

"Vote for.... .name (or number names) only. Immediately above the names of the candidates to be voted for shall be printed the following:

"To vote for a person whose name is printed on the ballot mark a cross (X) in the square at the right of the name of the person for whom you desire to vote.

"To vote for a person whose name is not printed on the ballot, write or paste his name in the blank space provided for that purpose."

Each ballot shall contain two columns, and each column is to have as nearly as possible the same number of names. of candidates thereon, except that no groups or spaces beneath any group shall be divided, and the candidates for the various offices shall appear upon the ballot in the following order, commencing at the column to the left, viz:

Congressional—

United States Senator....

Representatives in congress..... district...

State Officers

Governor.....

Lieutenant governor.

Secretary of State.

State Auditor..

State Treasurer..

Superintendent of Public Instruction.

Attorney General.

Commissioner of Insurance..

Commissioner of Agriculture and Labor.

Commissioner of Railroads...

Legislative

State Senator......District....

Members of House of Representatives.

Vote for one

..Vote for.....

.Vote for one

.Vote for one

.Vote for one

Vote for one

Vote for one

Vote for one

Vote for one

Vote for one

Vote for one

Vote for three

.Vote for one
.Vote for....

A square shall be placed following the name to the right of every candidate and the voter shall place a cross (X) in such square following the name of each person he desires to vote for.

The judges and inspectors of election when handing a ballot to a voter shall inform him that he must vote for the candidates of the political party such ballot represents only, and the voter shall call for the ballot representing the party or principle with which he affiliates and he shall receive such ballot and no other. [1913, ch. 222.]

§ 10. MUST VOTE PARTY BALLOT.] Any citizen otherwise eligible by law, affiliated with or representing the principles enumerated in the national platform of the following parties, are eligible to nomination under this act. The republican party, the democratic party, or any party designation that cast 5 per cent of the votes cast for governor at the last general election, and it shall be unlawful for any person to call for or vote a ballot at the primary election herein provided for, except a ballot representing the party or principle with which he affiliates, and any person who has reason to believe that the ballot called for by the voter does not represent the party or principle with which said voter affiliates, may challenge such vote, and he shall not be entitled to cast his ballot unless he makes and files with the inspector of such primary election an affidvit to the effect that such ballot represents the political party with which he affilates. [1907, ch. 109.]

Should

§ 11. VACANCIES FILED BY PARTY COMMITTEES. a vacancy occur in any of the offices for which nominations are made under this act by reason of resignation or death, where there is only one aspirant for such office, before the printing of the primary election ballot such vacancy may be

filled by the regularly constituted committee of the party to which such vacancy belongs, and no petition nor fee shall be required. [1907, ch. 109.]

§ 12.

PERCENTAGES OF VOTES REQUIRED FOR NOMINATIONS.] If the total vote cast for any party candidate or candidates for any office for which nominations are herein provided for, shall equal less than 25 per cent of the average total number of votes cast for governor, secretary of state and attorney general of the political party, he or they represented at the last general election, then no nomination shall be made in that party for such office, but it (if) 25 per cent or more of such party vote is cast and there is more than one candidate for any such office, the person receiving the highest number of votes shall be declared the nominee of such party for such office; provided further that where there is more than one person to be elected to the same office the persons to the number to he elected receiving the highest number of votes cast for such office shall be declared the nominee of the party for such offices. [1913, ch. 222.]

§ 13. NOMINATIONS FOR UNITED STATES SENATOR.] Party candidates for the office of United States senator shall be nominated in the manner herein provided for nominations of candidates for state officers.

The candidate receiving the highest number of votes at such primary election shall be the nominee of his party for the office of United States senator, at the succeeding session of the legislative assembly which is to elect a United States senator. The votes for candidates for United States senator shall be canvassed and returned in the same manner as the votes cast for state officers.

It is hereby made the duty of the secretary of state to certify to the next session of the legislative assembly the name of the candidate of each party, who receives the highest number of votes for the office of United States senator. [1911, ch. 207.]

§ 14. BALLOTS, HOW PREPARED.] The primary election ballot shall be prepared, unless otherwise provided in this act, as defined in sections 614 and 616 of the revised codes of 1905. [1907, ch. 109.]

§ 15. ARRANGEMENT OF NAMES ON BALLOT.] The names of candidates for each office upon the sample ballot shall be arranged alphabetically, according to surnames. The names of candidates under headings designating each official position shall be alternated on the official ballot in the printing, in the following manner, viz.:

First: The forms shall be set up with the names in the order in which they are placed upon the sample ballots prepared by the secretary of state for the state and district offices, and by the county auditor for the county offices.

In printing each set of official ballots for the various election precincts the position of the names shall be changed in each office division as many times as there are candidates in the office division or group in which there are the most

names.

As nearly as possible an equal number of tickets shall be printed after each change.

In making the changes of position the printer shall take the line of type at the head of each office divsion and place it at the bottom of that divsion, shoving up the columns so that the name that was second before the change shall be first after the change.

After the ballots are printed, before being cut, they shall be kept in separate piles for each change of positions, and shall then be piled by taking one from each pile and placing it upon the other pile to be cut, the intention being that every other ballot in the pile of printed sheets shall have names in different positions.

After the piles are made in this manner they shall be cut and placed in blocks as provided by the general election laws. [1907, ch. 109.]

§ 16. LIST OF OFFICERS TO BE NOMINATED.] The secretary of state between the first day of April and the first day of May in such year, shall direct and cause to be delivered to the county auditor of each county, a notice specifying the officers to be nominated under this act, whose term of office will expire between the first Monday in December and the first Monday in March, next succeeding, also specifying the several officers to be nominated in such county at the next primary election. The auditor to whom such notice is delivered shall cause notice of the same to be given as provided in section 637 of the revised codes of 1905. [1907, ch. 109.]

§ 17. PROVISIONS OF ELECTION LAW APPLICABLE.] Excepting as herein otherwise provided, the following sections of chapter 8 of the political code of 1905, entitled "Elections," are hereby made applicable to primary elections and primary election ballots, under this act, to-wit: 605, 606, 607, 608, 609, 610, 611, 613, 614, 615, 616, 619, 620, 621, 622, 623, 624, 630, 635, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 654, 655, 656, 657, 658, 659, 660, 669, 671, 672, 673, 674, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691. 692, 693, 649, 695, 696, 697, 698, 699 and 700. [1907, ch. 109.]