registered and qualified voters of each political party within such county, party candidates for county offices to be voted for at the November election following. In every city of City officers. the state having a population of seventy thousand or more, there shall be nominated at said August primary election or on the first Wednesday in March preceding any April election, whenever a city or county election in said city or county is held in April, by direct vote of the registered and qualified voters of each political party within such city or county, party candidates for ward, city or county offices. In any city in this state having a population of less than seventy thousand in which the voters have decided in accordance with the provisions of this act, in favor of direct nominations of party candidates for city offices, when such offices are to be voted for at the November election following, there shall be nominated at the said primary election by direct vote of the registered and qualified voters of each political party within such city, party candidates for city offices: Provided, That if upon the expiration of the time for filing Proviso. petitions in any primary for city or county, it appears that there is no opposition to any candidate for any office, upon any ticket, then the city or county clerk, as the case may be, shall certify to the board of election commissioners, the names of all persons whose petitions have been properly filed, and the office for which such petitions were filed, and such persons shall be declared by such board of election commissioners nominees for the respective offices and such clerk shall forthwith notify the sheriff of the county and the several clerks of the townships interested, if any, and give notice that the primary will not be held as contemplated, giving the reasons therefor, and a public notice shall be given of such determination by a brief notice published by such clerk in a newspaper published in such county: Provided, Proviso. That if upon the expiration of the time for filing petitions in any primary, the secretary of state shall find within a given district that there is no opposition for any office upon any ticket, he shall forthwith give notice to the clerks of the several counties embraced, forthwith certifying the names of the candidates and the office to which they aspire, to the state board of canvassers, who shall declare them the nominees for the respective offices, and shall give notice to the clerks of the several counties embraced in such district, and if the clerk shall find that there is no opposition for any office upon any ticket for a county office, then it shall be the duty of such clerk to forthwith give notice to the several township clerks interested that a primary will not be held as contemplated, but in no event shall a primary election be abandoned in any township, city, county or district wherein there shall be opposition for any office, upon any ticket. In those instances in which the duties of two officers are com

Delegates to county convention.

Apportionment.

Proviso.

Ballots, who to prepare.

bined, all nomination petitions shall include and name the two offices.

Am. Id.

See Dykstra v. Holden, 151/289.

(673) SEC. 18. There shall also be elected at the August primary, by direct vote of the registered and qualified voters of each political party in said county, as many delegates in each township, ward or precinct, as the case may be, as such political party in such township, ward or precinct shall be entitled to by the call issued by the county committee of such political party for the county convention thereafter to be held by such political party within said county in that year for the purpose of electing delegates to the state convention called for the purpose of nominating candidates for state offices, to be voted for at the November election. In case of any vacancy in any delegation from any election precinct, township or ward, to the county convention, such vacancy shall be filled by the delegates present from the ward or township in which the vacancy occurs. The state central committee of each political party shall, at least thirty days before the August primary herein provided for, certify to the board of election commissioners of each county and to the chairman of the county committee of such party, the number of delegates to which such county shall be entitled in the state convention of such party; and the said state central committee shall apportion such delegates to the several counties in proportion and according to the number of votes cast for the candidates of such party for secretary of state in each of said counties respectively at the last preceding November election. The name of any candidate for delegate to the county convention shall not be printed upon the official primary election ballot, but one or more such names may be placed on such ballot by printed slips pasted thereon by the voter. The county committee shall in its call indicate whether delegates are to be selected by precincts or by wards. In cities in which there are no wards the delegates to which such cities are entitled shall be elected from the entire city. The chairman of the township, ward or city committee as the case may be, shall notify by mail each person elected as a delegate to the county convention: Provided, That when a primary election is not held prior to the spring election delegates to the county convention shall be selected in a convention.

Am. Id.

(674) SEC. 19. It shall be the duty of the board of election commissioners of each county in this state to prepare and furnish the necessary official primary election ballots except for city offices which may be required for use at the August

primary. Such ballots shall contain the instructions as to the method of voting. Ballots other than those furnished by the board of election commissioners, according to the provisions of this act, shall not be used, cast or counted in any election precinct, at any such primary election. The size of all official ballots shall be such as the board of election commissioners shall prescribe. It shall not be lawful for the printer of such ballots or any other person to give, or deliver to, or knowingly permit to be taken, any of said ballots by any person other than the board of election commissioners for which such ballots are being printed, or to print or cause or permit to be printed any ballots in any other form than the one prescribed by this act, or with any other name thereon, or with the names misspelled, or the names or devices thereon arranged in any other way than that authorized and directed by the said board of election commissioners: Pro- Proviso, vided, That it shall and may be lawful for the chairmen of committees, and candidates named on the official ballot to procure any number of facsimiles of the ticket to be printed on yellow paper and to circulate the same for the purpose of the instruction of voters; and said colored ballot to have printed at the head the words, "Instruction Primary Ballot."

Am. Id.

See Line v. Bd. of Election Com'rs, 154/329.

instruction ballots.

candidate.

(675) SEC. 20. The said ballots so prepared by the board Names of election commissioners in each county shall include the printed on ballots. names of all candidates for the particular political party for the office of governor, lieutenant governor and United States senator, and shall include the names of all candidates for district offices, and in each county the names of all candidates for county offices. Proof copies of the ballots so prepared Proof copies shall be placed on file in the office of the county clerk, at sent to each least ten days prior to each primary election, and one proof copy of such ballot shall be sent by registered mail with return receipt demanded to each candidate at his last known address whose name appears upon such ballot. It shall be the duty of the board of election commissioners to correct such errors as may be called to their attention. No candidate shall have his name printed upon any official primary election ballot of any political party in any voting precinct in this state, unless he shall file nomination petitions according to the provisions of this act and all other requirements of this act have been complied with in his behalf. The said Delegates. ballots shall also contain as many lines as there are delegates to be elected to the county convention by the particular political party. Such lines, upon which may be placed the names of proposed delegates to the county convention, shall be printed under the title "Delegates to county conventions" and no ballot for a delegate to a county convention of any

County chairman to certify

number of delegates.

Election commissioners, duty of.

Ballots, number of.

Pamphlet copies of act

etc.

political party shall be counted unless prepared and voted under authority of this act.

Am. 1911, Act 279; 1913, Act 13.

(676) SEC. 21. The chairman of the county committee of cach political party shall certify to the board of election commissioners at least twenty-five days before the holding of such primary election, the number of delegates to which each election district of said county will be entitled at the county convention of said political party to be held in said county in said year for the purpose of electing delegates to a state convention called for the purpose of nominating party candidates for state offices. It shall be the duty of the board of election commissioners of any city having a population of seventy thousand or more, or of any city having a population of less than seventy thousand, in which the voters have adopted the provisions of this act, to prepare the necessary election ballots for use of the registered and qualified voters of less than seventy thousand, in which the voters have shall be governed by the same rules as are prescribed for the preparation of ballots by the board of election commissioners of the county. The ballots so prepared by the board of election commissioners of any city shall be separate from any other ballot.

Am. 1911, Act 279; 1913, Act 118.

(677) SEC. 22. The number of ballots to be printed for use at any primary election in any election precinct shall be at least twenty-five per centum more than the total number of votes cast therein at the last preceding election for secretary of state. The official primary election ballots shall be on file at the office of the county clerk, or city clerk, as the case may be, for public inspection at least three days prior to distribution for use at the primary election.

Am. 1913, Act 118.

(678) SEC. 23. It shall be the duty of the secreto be printed, tary of state to cause to be printed pamphlet copies of this act and to furnish to the county clerk of each county and to the city clerk of any city nominating under the provisions of this act, a sufficient number of copies thereof to enable said clerks to furnish at least two copies to each board of primary election inspectors in the particular city or county at the same time that other supplies for an election are furnished.

How ballot prepared.

(679) SEC. 24. The official primary election ballot shall be prepared in the following manner: There shall be printed at the top, and to the right of the ballot in large type, the words "Official Primary Election Ballot." Underneath shall be printed the date of the election at which the ballot is to be used, followed, when necessary, by the designation of the political subdivision, as county, district, city, ward, etc. At

the top and to the left of the ballot shall be printed the instructions to voters. Then shall follow the names of the political parties, each at the head of a separate column and directly under such name a circle one-half inch in diameter. The party having the greatest number of votes within the state at the last preceding general election as shown by the votes cast thereat for secretary of state shall be placed first on the ballot, the position of the other tickets to be governed relatively by the same rule. Under such heading shall appear the names of the candidates seeking nomination in that particular party. The order of the offices on the ballot shall be the same, as far as may be, as is required by law in making up the ballot for a general election. The title of the office shall be immediately above the name of the candidate or candidates for such office, and under such title the words "VOTE FOR," followed by the word, "one," "two" or a word designating the number of candidates under that head to be voted for. The names of the different candidates shall be separated from each other by a light faced rule, with a square at the left of the names, and the spaces devoted to the several offices shall be separated by a black faced rule so as to separate each office division clearly. The names under heading designating each official position where there are more names than there are persons to be nominated for that office shall be alternated on the ticket of each party casting at least ten per centum of the votes cast in the county or political subdivision at the preceding November election for the office of secretary of state and printed in the following manner:

First. The forms shall be set up with the names of such Names, candidates arranged alphabetically, in order according to alternating of. surnames. In printing each set of tickets for the several election precincts, the position of the names shall be changed in each office division, as many times as there are candidates in the office division in which there are the most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of position, the printers shall take the line of type at the head of each office division and place it at the bottom of the division, and shove up the column so that the name that before was second shall be first after the change. After the ballots are printed, and before being trimmed, they shall be kept in separate piles, the one pile for each change in position, and shall then be piled by taking one from each pile and placing it upon the pile to be trimmed, the intention being that every alternate ballot in such pile shall have the names in a different position. After the pile is made in this manner, the ballots shall be numbered consecutively on the upper right hand corner upon the front of the ballot, with a perforated line across said corner, underneath the same number, so that the corner with the number can be torn off. After the ballot [ballots] shall be trimmed and done