CH. 51] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. a candidate for nomination to the office of to be made at the primary election to be held in June, 19...., and hereby request that my name be printed upon the official primary ballot as provided by law, as a candidate of the party. I furthermore declare that if I am nominated and elected I will qualify as such officer. The nomination papers above required shall be signed as follows: (1). If for a state office, United States senator, or elector at large, by at least one per centum of the voters of the party (as shown by the returns of the last general election) of such candidates, in each of at least ten counties of the state, and in the aggregate not less than one-half of one per centum of the total vote of his party in the state, as shown by the last general election. (2). If for a representative in congress, district elector, or senator in the general assembly in districts composed of more than one county, by at least two per centum of the voters of his party, as shown by the last general election, in at least one-half of the counties of the district, and in the aggregate not less than one per centum of the total vote of his party in such district, as shown by the last general election. (3). If for an office to be filled by the voters of the county, by at least two per centum of the party vote in the county, as shown by the last general election. In each of the above cases, the vote to be taken for the purpose of computing the percentage shall be the vote cast for the head of the ticket. SEC. 11. Blank nomination papers. The secretary of state shall cause to be printed and keep on hand a sufficient quantity of nomination paper blanks in form as provided for in this act and shall furnish the same on application to any qualified elector in the state desiring to petition for the nomination of any candidate, or to a person who intends to be a candidate, for any office whose nomination paper is required to be filed in his office; and the county auditor of each county shall likewise cause to be printed and keep on hand a sufficient quantity of such nomination paper blanks and furnish the same on application to any qualified elector in his county desiring to petition for the nomination of any candidate, or to a person who intends to be a candidate, for any office whose nomination paper is required to be filed in his office. SEC. 12. Nominations certified to county auditor-notice published. At least thirty days before any such primary election, the secretary of state shall transmit to each county auditor a certified list containing the name and postoffice address of each person for whom a nomination paper has been filed in his office, in accordance with the provisions of section ten of this act and entitled to be voted for at such primary election by the voters of such county, together with a designation of the office for which he is a candidate, and the party from which he seeks a nomination. Such auditor shall forthwith upon receipt thereof, publish, under the proper party designation, the title of each. office to be filled, the names and addresses of all persons for whom proper nomination papers have been duly filed, both in his own office and in the office of the secretary of state, giving the name and address of each, the date of the primary, the hours during which the polls will be open, and that the primary will be held in the regular polling place in each precinct. It shall be the duty of the said auditor to publish said notice once each week for two consecutive LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 51 weeks prior to the said primary election. He shall also forthwith mail four copies of such notice to each city, town, and township clerk of the county, who shall immediately post three of said copies in three public places in each precinct of his township, town or city, designating therein the location of the polling booth in each election precinct. Every publication required in this act shall be made in at least two and not to exceed four newspapers of general circulation in such county. One of such newspapers shall represent the political party which cast the largest vote in such county at the last preceding general election, and one of such newspapers shall represent the political party which cast the next largest vote in such county at said general election. In any case where the publication of a notice can not be made as hereinbefore required, it may be made in any newspaper having a general circulation in the county in which the notice is required to be published. SEC. 13. Printing. The names of the candidates of each political party for nomination for the several offices and blank spaces for delegates to the county convention and for party committeemen shall be printed in black ink on separate sheets of paper uniform in color, quality, texture and size, with the name of the political party printed at the head of said ballots, which ballots shall be prepared by the county auditor in the same manner as for a general election. The names of candidates on all primary election ballots shall be arranged alphabetically according to surnames for each office. SEC. 14. Ballot-form. The official primary election ballot shall be prepared, arranged and printed substantially in the following form: Primary election held on the......day of June, 19... FOR UNITED STATES SENATOR. (Vote for one.) William K. Brown FOR GOVERNOR. Howard Collins (Followed by other elective state and district officers in order.) FOR COUNTY AUDITOR. William Strong Robert Thompson (Followed by other elective county officers in order.) (Followed by other elective township officers in order.) FOR PARTY COMMITTEEMAN. (Vote for one.) SEC. 15. Sample ballots. The county auditor of each county shall, at least fifteen days preceding the primary election, cause to be printed sample ballots of each political party and the words, "SAMPLE BALLOT" shall be printed near the top of each of such ballots in large capital letters, and immediately thereafter shall mail one of such sample ballots to each candidate who is entitled to have his name printed on the official primary ballot of any party in any precinct in his county to the postoffice address of such candidate as given in his nomination paper, or affidavit, as the case may be, filed in the auditor's office, or as certified to him by the secretary of state, and one to the chairman of the county central committee, if any, of each political party in his county to his usual postoffice address as known to the auditor, or as ascertained by him; and such auditor shall correct any errors and omissions brought to his knowledge prior to the printing of the official ballots. SEC. 16. Supplies-poll books. All necessary election supplies, including poll books as provided by law, for the general election, together with a sufficient number of official primary ballots of each party, shall be furnished for the primary election board for each precinct by the county auditor, and such poll books shall contain blank spaces for the names of the candidates of the several parties for the different offices to be written in, and blank spaces for entering by the clerks the names of the electors voting at said primary election; and upon the pages provided for entering the names of said voters there No. LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 51 shall be ruled spaces for the listing of the names of said voters and for the designation of the party ticket voted by said elector in manner and form substantially as follows: It shall be the duty of the clerks of the primary election when entering the name of a voter to place in the poll books a cross thus (X) in the column designating the party ticket which was given to said voter upon his application for a ticket. SEC. 17. Ballots counted-returns. Upon the closing of the polls the clerks and judges shall immediately open the ballot box and proceed to take therefrom the ballots. Said officers shall count the number of ballots cast for each party, at the same time bunching the tickets cast for each party, in separate piles. As soon as the clerks and judges shall have sorted the ballots of each party, separately, they shall take the tally sheets provided in the poll books and shall count all the ballots for each party separately until the count is completed, and shall certify to the number of votes cast for each candidate for each office upon the ticket of each party. After all have been counted and certified to by the clerks and judges, they shall seal the ballots cast by each of the parties in separate envelopes, on the outside of which shall be printed or written the names of that party's candidates for the different offices, and opposite each candidate's name shall be placed the number of votes cast for such candidate in said precinct, and then seal the envelopes containing the votes of the different political parties, in one large envelope, on the outside of which, or on a paper attached thereto, shall be printed or written, in perpendicular columns, the names of the several political parties with the names of the candidates for the different offices under their respective party headings, and opposite each candidate's name shall be placed the number of votes cast for such candidate in said precinct, and at the bottom the total vote cast by each political party in said precinct, and such envelopes shall be returned to the county auditor, who shall carefully preserve the same in said condition and deliver them to the county board of canvassers. But any elector of the county shall have the right, before the day fixed for canvassing the returns, to ascertain the vote cast for any candidate in any precinct in the county, as shown on the outside of the large envelope. Said judges of election shall deliver the returns so made, together with the poll books, including tally sheets and certificates of the judges and clerks written thereon, to the county auditor within twenty-four hours after the primary election has closed; and if the returns from any precinct be not so delivered within the said time, the county auditor shall forthwith send a messenger for any such missing returns, and said messenger shall be paid, as provided by law, for the general election. SEC. 18. Recount of ballots. Any candidate, whose name appears upon the official primary ballot of any voting precinct, may require the board of supervisors of the county in which such precinct is situated to recount the ballots cast in any such precinct, at the time fixed for canvassing the returns of Socialist CH. 51] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. the judges of election, by filing with the county auditor not later than the day before such meeting, a showing, duly sworn to by any such candidate, that fraud was committed, or error or mistake was made, in counting or returning the votes cast in any such precinct. The showing must be specific and from it there must appear reasonable ground to believe that a recount of the ballots would produce a result different from the returns made by the judges. If such showing is made to the satisfaction of the board, thereupon the board shall recount the ballots cast in any such precinct, as to all candidates, including persons voted for for delegates and party committeemen, and make up a new return which in all subsequent proceedings shall be substituted for the returns of the judges of election for the precinct. The action of the board shall be final and no other contest of any kind shall be permitted. If a recount of the ballots of any precinct produces a result different from the returns of the judges with respect to delegates or party committeeman, the county auditor shall make or correct his certified list thereof to the chairmen of the respective party central committees for the county accordingly. The term "candidate" as used in this section shall include and apply to persons voted for for delegates and party committeeman. SEC. 19. Canvass by board of supervisors-certificates. On Tuesday next following the primary election in June, the board of supervisors shall meet, open, and canvass the returns from each voting precinct in the county, and make abstracts thereof, stating in words written at length the number of ballots cast in the county by each political party, separately, for each office, the name of each person voted for and the number of votes given to each person for each different office and shall sign and certify thereto and file the same with the county auditor. Such canvass and certificate shall be final as to all candidates for nomination to any elective county office or office of a subdivision of a county; and the candidate or candidates of each political party for each office to be filled by the voters of any subdivision of a county having received the highest number of votes shall be duly and legally nominated as the candidate of his party for such office; and the candidate or candidates of each political party for each office to be filled by the voters of a county having received the highest number of votes, and not less than thirty-five per centum of all the votes cast by the party for such office, shall be duly and legally nominated as the candidate of his party for such office; and each candidate so nominated shall be entitled to have his name printed on the official ballot to be voted for at the general election without other certificate, and the board shall prepare and certify a list of the candidates of each party so nominated, separately, and deliver to the chairman of each, party central committee for the county a copy of the list of candidates nominated by the party he represents; and shall also prepare, certify and deliver to such chairman a list of the offices to be filled by the voters of a county for which no candidate of his party was nominated, together with the names of the candidates for each of such offices voted for at the primary election and the number of votes received by each of such candidates. SEC. 20. Abstracts forwarded to secretary of state. The county board of canvassers shall also make a separate abstract of the canvass as to the following offices and certify to the same and forthwith forward it to the secretary of state, viz.: United States senator, Electors of the president and vice-president of the United States, All state offices, Representative in congress, Senators and representatives in the general assembly. |