In counting the ballots only one vote shall be counted for any candidate on any one ballot and the candidate receiving a majority of first choice votes shall be declared elected. If there is not a majority of votes on the first choice, then the second choice votes shall be counted and added to the first choice votes and if a majority of first and second choice combined is obtained, the candidate shall be declared elected. If a majority is not then obtained, the first, second and other choices shall be

added together and the candidate obtaining the highest number shall be declared elected. A tie between candidates is decided by selecting the one who has the highest number of first choices, if these be equal, then the highest second choices, and if this does not decide, a drawing by lot is provided. This is substantially the Bucklin System, as used in Grand Junction, Colorado.

VI. CITIES USING THE PREFERENTIAL BALLOT.

The following cities, fifty-five in number, adopted in the year indicated a system of preferential voting:

VII. SECOND CHOICE NOMINATION LAWS.

The direct primary as found in most States has the defect that the nominee is usually chosen by a plurality rather than a majority of the electors. Under the convention plan, the candidates are placed before the convention by nomination and their names are balloted upon until one candidate secures a majority of the votes of the members of the convention. This

naturally provides for a large number of scattering votes in the early stages of the voting, but as successive votes are taken the delegates begin to concentrate upon stronger candidates until a majority choice is made. The direct primary does not permit this concentration since only one vote is taken.

Under a second choice nomination law, candidates are selected by a majority rather than a plurality of the votes cast. Voters are expected to designate upon their ballots their first and second choices of the candidates presented. When the count is made the candidate with the least number of first choices is dropped and the support of his followers is divided among the other candidates in accordance with their second choices. This process of elimination and distribution of votes is continued until one candidate receives a majority of the votes cast and so becomes the nominee of his party.

The statutes of Maryland (Acts of 1912, Chap. 2, Sec. 160K) provide:

In case there are more than two candidates for any State office, there shall be provided on the ballot two squares opposite the name of each of the candidates, which shall be designated from left to right as "First Choice" and "Second Choice," respectively, so that each voter may indicate his first and second choices or preference by placing a cross-mark in the appropriate squares aforesaid. Such cross-marks to be made in the same manner as other cross-marks. . . .

If the voter marks the same candidate for first choice and also for second choice, then such ballot shall only be counted for "First Choice" for said candidate and shall not be counted at all for "Second Choice;" if for second choice only it shall be counted for first choice.

The tally sheet for such candidates for State offices shall be arranged to show plainly and distinctly how the individual voters voting for any certain candidate, indicated their second choice or preference from among the remaining candidates, in the following form:

If any candidate shall receive a majority of all votes cast and counted for his office in any county or legislative district for first choice he shall be considered the "First Choice Candidate" of such county or legislative

district and entitled to the vote of the delegates from such county or legislative district on the first and subsequent ballots in the State Convention as hereinafter provided.

And in such case the "Second Choice Candidate" of said county shall be determined by the Supervisors of Elections as follows:

The ballots cast for said "First Choice Candidate" polling a majority of all votes of said county as aforesaid shall be distributed among the remaining candidates according to the way the voters marking the same have indicated their "Second Choice." That is by add ng to said first choice votes of each of said remaining candidates the second choice votes of those voting for the candidate polling a majority over all for first choice. And if in such case none of said remaining candidates has then received a majority of all the votes cast and counted for said office in said county or legislative district, then the lowest of said first choice candidates shall be dropped from the canvass and the votes cast for him for "First Choice" shall be distributed among the candidates still remaining according to the way the voters marking said dropped candidate for "First Choice" have indicated their "Second Choice."

This process of dropping the lowest candidate and distributing his ballots as marked for Second Choice among the remaining candidates shall be continued by the Supervisors at the canvass until one of them shall be credited with a majority of all the votes cast and counted for said office in said county or legislative district or until there is only one candidate remaining. . . .

In case no candidate receives a majority of all the "First Choice" votes cast and counted in any county or legislative district, but only receives a plurality thereof, then the candidate receiving the lowest "First Choice" vote shall be dropped at the canvass and the ballots tallied for him for "First Choice" shall be distributed among the remaining candidates according to the way his said voters voting for said lowest candidate for first choice have indicated their "Second Choice."

This process of dropping the lowest candidates is continued until a majority is obtained or there is only one remaining. This is substantially the Ware System.

The Statutes of Washington (Acts of 1909, Sec. 10), provide:

When there shall be four or more candidates for any State or congressional office, there shall be printed immediately under the designation of office, the following: "Vote for both first and second choice for this office." On the next line shall be printed the words "To vote for a person for first choice, mark a cross (X) in the first square at the right of the name of the person for whom you desire to vote." "To vote for a person for second choice, mark a cross (X) in the second square after the name of the person for whom you desire to vote."

In Ohio the Constitution (Art. V, Sec. 7) provides:

All nominations for elective state, district, county and municipal office shall be made at direct primary elections or by petition as provided by law, and provision shall be made by law for a preferential vote for United States senator; but direct primaries shall not be held for the nomination of township officers or for the officers of municipalities of less than two thousand population, unless petitioned for by a majority of the electors of such township or municipality. All delegates from this state to the national conventions of political parties shall be chosen by direct vote of the electors. Each candidate for such delegate shall state his first and second choices for the presidency, which preferences shall be printed upon the primary ballot below the name of such candidate, but the name of no candidate for the presidency shall be used without his written authority.

In Oregon the Constitution (Art. II, Sec. 16) provides:

In all elections authorized by this Constitution until otherwise provided by law, the person or persons receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by equal proportional representation of all the voters for every office which is filled by the election of two or more persons whose official duties, rights, and powers are equal and concurrent. Every qualified elector resident in his precinct and registered as may be required by law, may vote for one person under the title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or additional choices among the candidates for any office. For an office which is to be filled by the election of one person it may be required by law that the person elected shall be the final choice of a majority of the electors voting for candidates for that office. These principles may be applied by law to nominations by political parties and organizations.

Indiana (Sections 342-362 of Chapter 7 of the Election Laws -1915) has one of the most complete and comprehensive preferential primary laws at present on the statute books.

This law provides that the names of candidates for President, Vice-President, United States Senator and Governor may be placed upon the ballot by petition of five hundred qualified voters of the State. Each elector is entitled to designate his first and second choice nominations for each office. The votes are counted and tallied so that the first and second choices for every candidate are shown in parallel columns. The rules for counting are thus clearly stated: