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County officers, signa

said party, equal to not less than two per cent. nor more than four per cent. of the number of votes that the party cast therein for Secretary of State at the last preceding November election.

SEC. 28. To obtain the printing of the name of any canditures required. date of any political party for a county office on the official primary election ballots of such political party, there shall be filed with the county clerk of said county such candidate's petitions signed by a number of enrolled voters, who are enrolled in the party enrollment of said party and who reside in the county, equal to not less than two per cent. nor more than four per cent. of the number of votes that such political party cast in such county for Secretary of State at the last Cities, officers. preceding November election. To obtain the printing of the name of any candidate of any political party for a city office on the official primary election ballots for use in such city, there shall be filed with the city clerk of such city such candidate's nomination petitions signed by a number of enrolled voters of such political party and who reside in such city, equal to not less than two per cent. nor more than four per cent. of the number of votes that such political party cast therein for Secretary of State at the last preceding November election. All of said nomination petitions may be signed by enrolled voters of the particular political party residing in any part of a city for a city office, or any part of a county for a county office, or any part of a district for a district office, or any part of the State for a State office.

Petitions of new political parties for

SEC. 29. To obtain the printing of the name of any candidate of a new political party for United States Senator or state officers. Governor or Lieutenant Governor on the official primary

District, county and city officers.

fications of

election ballot, nomination petitions signed by at least three hundred qualified voters residing in the State shall be filed with the Secretary of State. To obtain the printing of the name of any candidate of a new political party for a district, county, or city office, on the official primary election ballots, such candidate shall file nomination petitions with the Secretary of State, county clerk, or city clerk, as the case may be, signed by at least twenty-five qualified electors residing in Proviso, quali- such district, county or city: Provided, That any qualified elector, whether enrolled under any party name or not, but who resides in the particular district, county, or city, as the case may be, may sign the nomination petitions of any candiProviso as to date representing a new political party: Provided, further, That it shall not be necessary for the members of any new political party not in existence on the first Monday in April preceding any November election to submit the proposition of direct nomination of party candidates as a condition precedent to the right of any candidate of such new political party to file a nomination petition.

petitioners.

new parties.

Nomination petitions, form of.

SEC. 30. All nomination petitions shall be in the following form:

We, the undersigned enrolled voters (or if a new party,

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party for the office of.....

voted for at the primary election to be held on the...

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to be

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., as representing

the principles of said party, and we further declare that we intend to support the political party herein named.

Name. Residence.

Street number

Date of signing.

(in cities hav

ing street numbers).

to sign more

secure more

of petitioners.

supply of.

SEC. 31. It shall be unlawful for any enrolled voter to Electors not sign more than one such nominating petition for the same th office except where there are two or more candidates to be petition. nominated for the same office, when he may sign as many petitions as there are persons to be elected to such office. The same rule shall apply to qualified electors in the signing of petitions of candidates of a new political party. It shall also Unlawful to be unlawful for any candidate to willfully and intentionally than maxiprocure more names upon nomination petitions than the mum number maximum number prescribed in this act. The various county Blank forms clerks and city clerks shall prepare and keep on hand blank of petitions, forms of nomination petitions for the use of the voters and candidates in said city or county. Nothing herein contained shall be construed to prohibit any candidate from having his own nomination petitions printed, but they must comply substantially with the above form. All such nomination peti- Inspection of tions shall be open to public inspection and subject to exami- petitions. nation after being filed in the office of Secretary of State, county clerk, or city clerk, in accordance with such reasonable rules and regulations as may be prescribed by such officers. The various officers herein named shall keep a public record of Public record the nomination petitions filed, in a book for that purpose, which record shall indicate the names of the candidates, the offices sought, and the dates when such nomination petitions were filed.

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of petitions.

when filed.

SEC. 32. The Secretary of State and the various county Petitions, clerks and the city clerk of cities in which city officers are to be elected at the November election shall receive nomination petitions filed in accordance with the provisions of this act up to four o'clock, standard time, in the afternoon of the

In cities.

List of candidates.

excess of

petitioners.

fifteenth day before the September primary; and in cities where local officers are elected at a time other than the November election, the city clerk thereof shall receive nomination petitions filed in accordance with the provisions of this act up to four o'clock, standard time, in the afternoon of the eighth day before the time designated for holding a primary election in such city. The Secretary of State, or county or city clerk, shall forthwith prepare and publicly expose in his office a list of the candidates for offices named in the nomination petitions filed in his office, as near as may be, as they will appear Proviso as to upon the official primary election ballots: Provided, That if any nomination petitions contain more than the necessary percentage of names hereinbefore referred to, the excess over and above the necessary four per cent. shall not be considered Proviso, idem. nor counted: Provided, further, That any names constituting the excess herein referred to shall not be counted on any other nominating petition. The said Secretary of State, or county or city clerk, shall forthwith, after the last day herein named for receiving and filing nomination petitions, certify to the proper board or boards of election commissioners the names of all party candidates whose petitions meet the requirements of this act, together with the name of the political party and the office for which they are candidates. In case it is determined that the nomination petitions of any candidate do not comply with the requirements of this act, or if for any other cause such candidate is not entitled to have his name printed upon the official primary election ballots, it shall be the duty of the Secretary of State, or county or city clerk, to immediately notify such candidate of such fact, together with a statement of the reasons why his name was not certified to the respective boards of election commissioners.

Officers to certify t nominees.

Notice of deficient petitions.

Primary elections, laws to govern.

SEC. 33. All primary elections for the nomination of party candidates for office shall be held by election precincts the same as general elections are held, and the polls thereof shall be kept open in the respective precincts for the same length Proviso as to of time: Provided, That in any city of five thousand popula tion, or over, the common council may direct that the polls of the primary election shall be kept open until eight o'clock p. m., standard time.

certain cities.

Election inspectors.

Delivery of ballots and supplies.

SEC. 34. Each primary election shall be presided over by a board of primary election inspectors, which board shall be composed of the members of the board of election inspectors provided for under the general election law. The official primary election ballots herein provided for, together with the necessary pencils, tally sheets, etc., necessary to carry on any election, provided for in this act, shall be delivered by the board of county election commissioners to the county clerk, and by the county clerk delivered to a member of the board of primary election inspectors of each ward, township, or voting precinct, in the county at least three secular days General elec- prior to any election or primary election day. The provisions of the general election law relative to the furnishing of ballots,

tion law to

govern.

tally sheets, pencils, ballot boxes, arrangement of booths, initialing of ballots, powers and duties of inspectors, manner of conducting the election, and all other matters shall be applicable hereto except in so far as the provisions thereof may be inconsistent herewith.

furnished

state ballot

SEC. 35. After the polls are open at a primary election, Ballot any elector who is legally qualified and enrolled as hereinbe- elector. fore provided, shall, before entering the booth, be furnished a ballot of the political party with which he is enrolled, and no other. It shall be incumbent upon him to state to the inspector Elector to who has the ballots in charge, the party ballot he desires, desired. which, if he is enrolled as a member of the party represented by said ballot, and if his right thereto is not challenged, shall be delivered to him forthwith. Any voter enrolled as a In case of party for member of any political party for which no ballots have which no been prepared, shall not be permitted to vote any other party ballot preballot at such primary election. It shall be competent for Challenges. any enrolled voter or primary election inspector present to challenge the right of any one offering to vote, on the ground that he is not a legal voter in that precinct, or that he belongs to a political party other than that represented by the ballot for which he has asked. When the right of any enrolled Oath. voter to a ballot is challenged he shall be required to take and subscribe an oath that he is a qualified enrolled voter and has the qualifications of a voter and that he believes in the principles of the political party represented by the ballot for which he has asked. Such oath shall be in the following Form of oath. form:

I hereby solemnly swear (or affirm) that I am a resident and qualified elector, and possess the qualifications of a legal voter, and that I am enrolled as a member of the...

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vote.

If the challenged voter takes and subscribes to the above When may oath he shall then receive the ballot for which he has asked and be entitled to vote it, the same as if his vote has not been challenged; but unless a challenged voter takes and subscribes to the above oath, he shall not be permitted to vote at such primary election. If any person who takes the foregoing Perjury. oath, swears falsely, he shall upon conviction thereof, be subject to all the pains and penalties of perjury. The provisions Law appliof section three thousand five hundred twenty-two of the cable.

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Compiled Laws of eighteen hundred ninety-seven are expressly made applicable hereto. A record shall be kept of any primary ballot cast by any voter whose right to vote has been challenged, in a similar manner to that provided in the general election law.

SEC. 36. The enrolled voter after having received his ballot, shall enter a booth, and while there concealed from view prepare such ballot by making a cross in the square at the left of the names of such condidates as he may desire to vote for, but in no case for more candidates for any office than is indicated under the title of such office. He may, however, vote for any person whose name is not printed on the ballot by inserting such other name in such manner as shall make it a substitute for any name which is printed thereon or where no candidate's name appears upon the ballot. He shall then fold the ballot so that the perforated corner having within ballot number shall be on the outside, and present it to the proper inspector, who shall tear off the number and deposit the ballot in the ballot box. When an enrolled voter asks for a ballot the inspector shall enter his name upon the poll list, the name of the political party and the number of his ballot, before the same is given to voter, and the inspector receiving the ballot shall, before depositing it in the box, ascertain by comparison with the poll list whether it is the same ballot given to such voter, and if it is not the same ballot he shall reject it and such voter shall not be allowed to vote at such primary election. If any enrolled voter shall, after marking his ballot, so expose it to any person as to reveal the name of any candidate voted for thereon, such ballot shall be rejected and such enrolled voter shall forfeit the right to vote at such primary election, and a brief minute of such occurrence shall be made in the enrollment book and upon the poll list opposite the name of such enrolled voter. Challengers appointed by the several political parties shall be allowed to be present with the same powers as are provided by law for general elections.

SEC. 37. After the closing of the polls on the day of holding of any primary election, the ballots shall be counted as provided by law for the counting of the ballots of any regular election. In counting such ballots only those candidates for nomination to office who have a cross made in the square at the left of their names shall be deemed to have been voted for, and any ballot upon which more candidates for any office have been voted for than may, by law, be elected to such office, shall be rejected as to all names appearing for that office. The required number of electors who receive the highest number of votes for delegates to the county convention of any political party shall be declared by the board of primary election inspectors to be elected. Said board shall certify to the county clerk the names of the electors so elected as delegates, naming the political party upon whose ballots

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