ment.

same delegates are to serve in the local convention, and also in subdivisions of such local conventions, for the purpose of nominating state senators, members of the assembly, supervisors, or other township and local officers, or whether different sets of delegates are to be elected to such local conventions, and must specify in detail the apportionment of delegates, whether at large, or by wards, or by primary election precincts, or combinations thereof, for each proposed convention. If the Apportionapportionment last mentioned is not contained in any petition filed, then such apportionment shall be made by the board of election commissioners with whom the petition is filed before the publication provided for in section thirteen hundred and seventy-two of this code. Such last named petition for participation in a local primary election must be filed with the board of election commissioners of the county, or city and county, at least thirty days before the date of such primary election. Where a city primary is to be held such petition must set forth City primathe same facts required to be set forth in a petition for participation in a local primary election, and must be executed by the governing officers or committee of the party for such city or town, and in like manner and time filed with the governing body of such city or town. Such last named petition for participation in a city primary must specify in detail the apportionment of delegates, whether at large, or by wards, or by primary election precincts, or combinations thereof, where the same have already been established.

ries.

primary

1371. Primary elections shall be held in this state on the Time of following dates, that is to say: On the second Tuesday in the holding month of August in each and every even-numbered year a elections. primary election shall be held for the election of delegates to all state, district, and local conventions for the purpose of making nominations for officers to be voted for at the next ensuing general election, and in case of any county, or city and county, where at the date of the taking effect of this chapter, or thereafter, there shall be held a general election for county, or city and county, officers, in odd-numbered years, then a primary election shall be held in such county, or city and county, on the second Tuesday in August in each and every odd-numbered year for the purpose of electing delegates to any local convention for the purpose of making nominations for candidates for county, or city and county, officers to be voted for at the next ensuing election. In any year when by law an election is to be held in any city or town in this state for the purpose of electing city or town officers, primary elections for the election of delegates to such city conventions shall be held on the sixth Tuesday next preceding the election for such public officers in such city or town; provided, that where any city election of city officers is to be held on the same day as any general or county election for state, district, county, or township officers, then the delegates to any such city convention shall be elected from the proper territory at the state or local primary in such county.

Secretary of state,

duties of, in re primary elections.

Publication of notice.

Contents of notice.

Election commissioners, duties of.

1372. Upon the expiration of the time allowed by law for the filing of the petitions with the secretary of state, as herein provided, he must transmit copies of such petitions to the various election commissioners of the counties, or of any city and county, in which such primaries are to be held. And the secretary of state shall forthwith in writing notify the governing body of each political party which has theretofore filed with him such petition, of the transmission of such copies of its petition to the election commissioners of the various counties, or cities and counties, within the state. Within ten days after the receipt of such notice, where its petition theretofore filed with the secretary of state does not make the apportionment of delegates in detail, the proper party committees of the petitioning political party in the respective counties, or any city and county in this state, shall file with the election commissioners of the respective county, or city and county, its apportionment of delegates within such county, or city and county. At least fifteen days before the holding of a state, district or local primary, the election commissioners of each county, or city and county, and in like manner before the holding of a city primary, the board of trustees or governing body of such city, shall publish a notice thereof for three successive publications in at least one daily newspaper published in such city, county, or city and county, as the case may be. If there be no daily newspaper in any city, county, or city and county, then in some weekly newspaper for at least two successive publications, and if there be neither daily nor weekly newspapers in any city, county, or city and county, respectively, then for like periods in some daily or weekly newspaper in an adjoining city, county, or city and county, as the case may be. Such notice shall contain the names of the political parties which are entitled to nominate candidates for public offices by convention, and which are entitled to participate in the primary election next ensuing, the offices for which nominations may be made, a designation of precincts, the location of polling places, the names of the primary election officers, together with the number of delegates. and the apportionment thereof, which each party is entitled to elect, from each assembly district, ward, township, or parts of wards or townships, or other territorial district, as such apportionments are made, and set forth in the various petitions of the different political parties as in this chapter provided.

1373. Prior to each state or district primary, and upon receipt of the notice from the secretary of state, the election commissioners shall appoint the proper number of primary election officers for each primary election precinct which shall be then, or shall have been theretofore, established by them. The appointment of primary election officers, and the establishment of primary election precincts for the foregoing and for all other primaries shall be made by the proper board of election. commissioners sufficiently previous in point of time to permit the apportionment of delegates and the publications herein directed. The election commissioners may combine not more than three contiguous general election precincts into one primary

commis

election precinct; provided, that no primary election precinct Election shall embrace territory not in the same assembly or supervisoral comers, district; and provided further, that where any city, town, or city duties of. and county, is by law or charter divided into wards, no primary election precinct in such city, town, or city and county, shall embrace territory not included in the same ward, and in the same supervisoral and in the same assembly district.

what they

tain.

1374. The ballots for primary elections shall have only Ballots, upon them appropriate directions for voting said ballots, stating shall conthe party names, and the designations of the various conventions to which delegates are to be elected, and the number of delegates which parties operating co-extensively within each. division thereof are entitled respectively to elect to each convention at the particular precinct where said ballot is to be used, but nothing more; all of which shall be concisely and briefly set forth in proper and convenient columns, lines, and headlines, so that there shall be one column for each political party participating. The voter may write the names of his choice for delegates with pen or pencil, or he may attach in the proper place on the ballot with any adhesive substance a slip of paper containing the names of his choice; provided, that on any such slip there may be printed a designation of the convention to which the delegates are to be elected. Each voter may vote for as many names for delegates as may be entitled to be elected to his respective party convention, or conventions, from the primary precinct at which he votes, under and by virtue of the apportionment herein before determined by the various party committees, and the directions in pursuance therewith appearing on said ballot. Any ballot upon which any names appear for delegates to more than one convention, for the same territory, shall be disregarded. That is to say, no ballot shall contain names of candidates for delegates to more than one state convention, or more than one district convention, or more than one local convention, or more than one city convention; any ballot not conforming hereto shall be disregarded. In case of a tie vote between candidates for delegates, Tie vote. so that it cannot be determined who is elected, such fact must be reported and certified to such candidates and to the secretary of the proper party committee, and the convention may determine the respective rights of such candidates to sit or act in the convention. Nothing herein shall be held to prevent the election of the same person to more than one convention.

ballot.

The form of such ballot shall be substantially as follows, Form of adding thereto other columns, designations of conventions, and other matters herein provided, all as may be necessary:

Form of ballot.

PRIMARY ELECTION, TUESDAY, AUGUST 30, 1899.

Qualifications of voters.

1375. The qualifications and registration of voters at primary elections shall be subject to the same tests and governed by the same rules and regulations as are in the Constitution and Political Code of this state established and prescribed for other elections; and the same officers who prepare and furnish registers for general elections, as provided for in this code, shall prepare and furnish them for use at primary elections. It shall be the duty of the proper officers to furnish the register, and supplements thereto, for use at primary elections, which shall show the names of all voters entitled to vote at such elections; provided, that where a new registration pursuant to law is not completed in point of time sufficient to permit of its use at the next ensuing primary election, then the register used at the last general election in any county, or city and county, in this state, may be used at any primary election,

together with supplemental registers or additions showing all additional registrations, changes and corrections made since the last general registration.

electors.

1376. All persons entitled to register or vote at any Registraprimary election in any city, county, or city and county, whose tion of names are not upon the register, or who may be entitled to transfer their registration, shall be entitled to be registered or transferred so as to enable them to vote at such primary election, and for that purpose it shall be the duty of the officer charged with the registration of voters in each county, or city and county, to keep his office open for at least fifty days prior to the fifteen days immediately preceding such primary election.

a quorum.

1377. No convention shall be illegal because of a failure Majority of of any precinct or political division to elect delegates thereto. delegates, A majority of delegates chosen shall constitute a quorum, and each convention shall be the judge of the election and qualification of its members, and no convention shall be recognized as in law entitled to make nominations unless the delegates thereto were elected under and by virtue of the provisions of this chapter.

tials of

and list of

1378. Immediately upon making out the credentials of Credenany delegates elected under this law, the clerk shall mail to the delegates, secretary of each political party or organization which partici- same. pated in the primary, a complete list of all delegates to whom credentials shall have been given as herein provided, and said clerk must, in proper book to be kept by him, record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, delivered, or mailed; and if any delegate entitled to credentials shall not have received Duplicate his credentials, or shall have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "duplicate."

list.

refusal to

act as elec

tion officer.

1379. Any person so chosen to act as a primary election Penalty for officer who shall willfully fail or refuse to act in the capacity for which he is chosen, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars and not more than two hundred dollars, or by imprisonment for not less than five days nor more than twenty days, or by both said fine and imprisonment. Any act declared to be an offense by the general laws concerning elections in this state is hereby declared to be an offense in all primary elections, and shall be punishable in the same manner and with like penalties as are prescribed for the punishment of all similar offenses against the general election law.

no election

sion exists.

1380. When there shall not be in any city, county, or city who shall and county, any board of election commissioners as such, then act when all duties enjoined and powers conferred herein upon such board commisof election commissioners, shall be enjoined and conferred upon and performed by the common council or board of trustees of a city, or board of supervisors of a county, or city and county, in each case respectively, as herein before specified.