resignation.

name and description of the person so nominated to fill the vacancy, the office he is nominated for, together with the other details mentioned in the certificate of nomination so filed with the Secretary of State, and the name of the person for whom such nominee is substituted. The chairman and secretary of such com- Certificate of mittee may in like manner make and file with the prop-reig to be filed. er officer a certificate, setting forth the occurrence of a vacancy by death, resignation or otherwise, and the further fact that it is not the intention of such committee to fill such vacancy. When such certificate shall be filed with the Secretary of State he shall certify such vacancy to the several county clerks forthwith. All resignations of any candidates nominated for public office shall be made to the committee or officers representing their party or persons making such nominations, and it shall be the duty of such persons to certify such resignations to the proper officer within five days thereafter. And in case of neglect or refusal of any such committee or officers to so certify such resignation, so that said name may be omitted from the official ballot, upon the complaint of the person aggrieved it shall be the duty of the district court for the county wherein such nomination was originally filed, upon the written complaint of the person aggrieved, to summarily hear and determine such complaint, and upon proof of such resignation together with such neglect and refusal by said committee of officers, to compel the filing of such certificate of resignation. The Secretary of State shall not be required to make any certificate of new nominations or vacancies after eight days before election day, exclusive of election day.

SUBMITTING CONSTITUTIONAL AMENDMENTS AND OTHER

QUESTIONS.

questions to

State and

Sec. 16. Whenever a proposed constitutional amend- Submitting ment or other question (except the incurring of a bonded voters, duty of indebtedness) is to be submitted to the people of the Secretary of State for popular vote at any general election, the Sec- county clerk in. retary of State shall duly, and not less than fifteen days before election, certify the same to the county clerk of each county of the State and the county clerk of each county shall include the propositions or questions to be submitted as they will appear in the ballot to be used

on election day, in the publication provided for by section 11 of this act, and in the notice provided for by section 12.

to be provided.

PREPARATION OF BALLOTS.

Sec. 17. Except as in this act otherwise provided, Printed ballots it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers in which the voters or any of the voters within the county participate, and to cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in this act. It shall be the duty of the recorder of any city or clerk of any town to provide printed ballots for every election of public officers in which the voters, or any of the voters, of such city or town participate, and to cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with such city recorder or town clerk, in the manner provided for in this act. Sample ballots printed upon paper of a different color from the official ballots, but in the form of those to be used on election day, each containing the names of the candidates which are to be printed upon the appropriate official ballot, shall be printed and in the possession of the county clerk or other officers charged with the duty of preparing such ballots seven days before the day of election, subject to public inspection.

What ballots shall contain.

The official ballots shall be printed and in the possession of the county clerk, city recorder or town clerk, at least four days before election, and subject also to inspection by the candidates and their agents. Sample ballots shall be delivered to the election officers and posted with the cards of instruction provided in section 30.

FORM, NUMBER AND CORRECTION OF BALLOTS.

Sec. 18. Every ballot, intended for the use of voters, shall contain the names of all candidates for offices to be balloted for at that election, whose nominations have been duly made and accepted as herein provided, and who have not died or withdrawn, and shall contain no other names of persons, except that in case of electors for President and Vice-President of the United States, the names of the candidates for

President and Vice-President shall be added to the party or political designation; the name of each person nominated shall be printed upon the ballot in but one place, but there shall be added opposite to the name of each person nominated, the party or parties or political designation, expressed in not more than three words for one party, as specified in each of the certificates of nomination nominating him for the office. The names of the candidates for each office shall be arranged under the designation of the office, in alphabetical order, according to surnames, except that the names of the candidates for the offices of electors of President and Vice-President of the United States shall be arranged in groups, as presented in the several certificates of nomination. There shall be left at the end of the list of candidates for each different office as many blank spaces as there are persons to be elected to such office, in which the elector may write the name of any person not printed on the ballot for whom he desires to vote as a candidate for such office. Whenever the approval of a constitutional amendment or other question is submitted to the vote of the people, such question shall be printed on the ballot after the lists of candidates. The ballot shall be so printed as to give to each voter a clear opportunity to designate by a cross mark (X), in a sufficient margin at the right of the name of each candidate, his choice of candidates and his answer to the questions submitted, and on the ballot may be printed such words as will aid the voter to do this, as "Vote for one, """Vote for three," "If you have not voted a straight ticket above, place a cross mark (X) with ink opposite each name you wish to vote for in the blank space left for that purpose," and the like. It shall be lawful to designate the political party or nominating committee by which each list of candidates is nominated, by an appropriate emblem, or design, such as a flag, eagle, rooster, or other device, as may be set forth in the certificate of nomination; Provided, No two sets of nominations shall use or have the same device, and each political party, or nominating committee, shall have the prior right to use the device used by it at the last similar election. When any political party, or nominating committee, in its certificate of nomination certifies any such emblem or device, the name or title of such party, or nominating committee (in not more than

three words), together with such emblem or device opposite thereto shall be placed in a line at the top of the ballot with a blank square opposite thereto in which a cross mark may be placed by the voter; all such party designations and emblems so certified shall be placed in parallel lines, one under another, on the top part of the ballot above the list of candidates. Proper words of instruction shall also be inserted, such as these: "To vote a straight ticket, place a cross mark (X) with ink in the square opposite your party emblem.'

It shall be lawful for a voter to make a cross mark in any such square following any such party name and emblem, and such mark shall indicate and be counted as a vote for each and every candidate on the ballot nominated by the party or committee after whose name and emblem the mark is so placed. The extreme top part of each ballot, above the portion which contains the names of the candidates to be voted for and the party and committee names and emblems, shall be divided by two perforated lines into two spaces, each of which shall be not less than an inch in width, the top portion being known as the stub, and the next portion as the duplicate stub, upon each of said stubs nothing shall be printed except the number of the ballot, and the same number shall be printed upon both stubs. Stubs and duplicate stubs of ballots shall both be numbered consecutively by numbers thereon. All ballots shall be uniform and of sufficient length and width to allow for the names of candidates and officers to be printed in clear, plain type, as herein required, with a space of at least one-half inch between the different columns on said ballot. On the back of each ballot shall be printed in capital letters in two line pica gothic, or type not smaller in size, the endorsement: "Official ballot for " and after the word "for" shall follow the designation of the election precinct or political division for which the ballot is prepared, and the date of the election, and a facsimile of the signature of the clerk who has caused the ballot to be printed. The ballot shall contain no caption, or other endorsement except as in this section provided. county or town clerk, or city recorder shall use precisely the same quality and tint of paper and kind of type, and quality and tint of plain black ink for all ballots furnished by him at one election. Whenever candidates are to be voted for only by the voters of a par

Each

ticular district, county, city, town or other political division, the names of such candidates shall not be printed on any other ballot than those provided for use in such district, county, city, town or political division respectively. The ballots shall be of such form and the endorsements thereon so printed that they may be folded in such a way that when so folded the whole endorsement shall be visible and the contents of the ballot shall not be exposed. There shall be but one ballot One ballot box box at each polling place for receiving ballots cast for candidates for office.

at polling place.

ballots to be

Sec. 19. The county clerk of each county and the Number of city recorder of each city, and the town clerk of each provided. town, when charged by this act with the duty of printing and preparing ballots shall provide for each election precinct in a county, city or town, one hundred ballots for every fifty or fraction of fifty voters registered at the last preceding election in the election precinct. If there is no registry list in the precinct such ballots shall be provided to the number of one hundred of each kind for every fifty or fraction of fifty voters who voted at the last preceding election in such precinct. When a precinct shall be divided or the boundaries changed, the county clerk or city recorder, or town clerk, as the case may be, must ascertain as nearly as possible the number of voters in the new precinct or precincts and provide therefor a sufficient number of ballots in the above proportion. Provided, That in the year 1896 two hundred such ballots for each fifty voters who voted at the preceding election, shall be provided.

publishing

Sec. 20. Whenever it shall appear by affidavit of Errors in a candidate or his agent that an error or omission has nominations. occurred in the publication of the names or description of the candidates nominated for office or in the printing of sample or official ballots, the district court, or a judge thereof, either in term time or in vacation, may, upon petition of such candidate or his agent by order require the county clerk, city recorder or town clerk, charged with the duty in respect to which an error or omission has occurred, to forthwith correct such error and to forthwith show cause why such errorshould not be corrected. Costs, including a reasonable attorney's fee, may be taxed, in the discretion of such judge or court, against either party. The county clerk, city recorder or town clerk shall also, on their own motion,