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such class who shall receive the highest number of votes at such primary election, ascertained by the rules provided by this act, but nothing herein shall prevent the nomination of candidates by groups, individuals or so-called political parties which cannot be recognized as such, by certificate of voters to the number hereinafter specified. The names of candidates nominated by certificate for offices hereinabove designated as non-partisan shall have po party or other designation on the certificate or on the election ballot.
Where there are two or more offices to be filled by candidates running at large in a city, county, district or in the state, such offices shall be classified and numbered one, two, etc., using as many classes and numbers as there are offices at large to be filled, which said classification, numbers and the manner in which the same shall appear on the primary ballot shall be substantially as follows:
• The officer preparing said ballot shall provide as many classes and numbers as there are offices at large to be filled. Every person when filing as a candidate for the nomination for any such of. fice shall designate in his affidavit the number and class in which he desires to file and become a candidate and his name shall be placed on the ballot in such designated number and class. Such classes shall be rotated upon the ballots in the same manner as provided by law for the rotation of names of candidates.
Candidates, in any such case, who have filed for nomination prior to the passage of this act, shall designate to the proper officer within twenty days after the approval of this act, in which class they desire to be placed and such officer shall thereupon place the name of such candidates on the ballot in such designated class. The name of the candidate who has filed for such office, or who shall file for the same, shall not be placed on the ballot if he shall fail, neglect or refuse to designate the class and number in which he desires to file and become a candidate, as hereinbefore provided.
Filing to be made with Secretary of State or county auditor twenty days before primary election-Fee to be paid-Filing on non-partisan ballot-Filing fee to be paid by candidates for state offices and judges of supreme court-Sec. 3. That Section 184 of the Revised Laws of 1905, as amended by Section 226 of General Laws of Minnesota for 1907, and Chapter 95, General Laws of Minnesota for 1909, be and the same is hereby amended so as to read as follows:
Sec. 184. At least twenty days before the primary election, any person eligible and desirous of having his name placed upon the primary ballot as a candidate for any office, shall file his affidavit with the secretary of state when to be voted for in more than one county, and with the county auditor when in a single county, stating his residence, that he is a qualified voter in the subdivision where he seeks a nomination, the name of his party, and the office for which he desires to be a candidate; that he affiliated with said party at the last general election, and, either that he did not vote thereat or voted for a majority of the candidates of said party at such election and intends to so vote at the ensuing election. Upon payment by such candidate to the secretary of state of twenty dollars, if for any office to be voted for in more than one county, or if for any office to be voted for in only one county, upon payment of ten dollars to the county auditor thereof, the county auditor shall place the name of such candidate upon the primary election ballot of the party designated; provided, however, that candidates for the legislature shall pay ten dollars only to the secretary of state when the affidavit or petition is filed with him and ten dollars to the county auditor when filed with him, provided that the name of any eligible person may also be placed upon the non-partisan primary election ballot as a candidate for chief justice, or associate justice of the supreme court or judge of the district court, upon petition in writing of electors filed within the same time and at the same place and upon payment of the same fee as is provided in case of filing of affidavits by candidates as follows: For chief justice or associate justice of the supreme court, upon petition of 500 electors residing within the state; for judge of the district court upon the petition of 250 electors residing within the district. Such petition shall be in writing and signed by each of the electors joining therein and shall be by each of them acknowledged before an officer authorized by law to administer an oath. Upon the compliance with such requirement, such name shall be placed upon the non-partisan primary election ballot. No petition shall contain more than double the number of signatures herein required and no officer shall receive for filing or file any petition containing more than double the number of signatures so required. Any person whose name is so presented and filed may withdraw the same by filing an affidavit of withdrawal thereof in the same office in which such petition is filed. Provided, each candidate for state offices, congressman-at-large and judges of the supreme court shall pay to the secretary of state the sum of fifty ($50) dollars each at the time of filing his affidavit with said officers.
Duties of Secretary of State and county auditors-Form of primary ballot.-Sec. 4. That Section 186 of the Revised Laws of 1905, be and the same is hereby amended so as to read as follows:
Sec. 186. All voting at a primary election shall be by ballot. On the nineteenth day before a primary election, the secretary of state shall certify to the auditors of the several counties the names of all nominees to be voted for within such counties whose certificates have been properly filed with him, and on the fourteenth day before such primary, each auditor shall group all the non-partisan candidates and the candidates of each political party by themselves, and prepare for public inspection a non-partisan ballot and a separate sample ballot for each political party. The names shall be arranged alphabetically according to the surnames, and each county auditor shall post the sample ballot in a conspicuous place in his office, and give one week's published notice thereof in the official newspaper of his county. One sample ballot only of non-partisan candidates and of each political party, shall be printed for any county, and thereon shall be placed the names of all candidates to be voted for in such county. Each ballot shall be headed by the party name, the words “Primary election ballot,' the names of the county and state, and facsimile of the official signature of the auditor preparing it, and a column for first choice votes and a column for second choice votes. The non-partisan primary ballot shall be headed as provided in Section 2 of this act and shall not contain a column for second choice votes. Otherwise, the ballots shall be arranged in the same general manner as the ballot used at general elections, with suitable divisions and explanatory notes. Only one form of sample ballot for each political party need be printed for any city, and thereon shall be placed the names of all the candidates to be voted for in the entire city, those to be voted for in any single ward being indicated by the words and figures “First ward,” and so on. At the foot of the ballot shall be placed the heading “Ballot for women," under which shall be placed the names of candidates to be voted for by women.
Said ballots shall be substantially as follows:
OFFICIAL PRIMARY BALLOT.
Designation of Party.
To vote for a person whose name is printed on the ballot, make a cross (X) after his name in the proper column, as follows:
A voter may vote for one first choice and one second choice for each office to be filled.
Mark your first choice with a cross (X) in the first choice column.
Mark your second choice with a cross (X) in the second choice column.
VOTE FOR ONE FIRST CHOICE AND ONE SECOND CIIOICE.
The officer preparing the ballots shall provide necessary space for the officers to be nominated pursuant to law; provided, that in city primary elections in cities having home rule charters sample primary election ballots shall be prepared carrying out the intent of said charters of said cities, placing all names of candidates for city office on one ballot in each city without any party designation whatever, if the charter so provide. In such cities, except for the omitting of all party designation, the provisions of this section shall be followed as fully as practicable.
Printing of primary election ballots.--Sec. 5. That Section 187 of the Revised Laws of 1905, be and the same is hereby amended so as to read as follows: