A, having a greater number of votes than D is nominated and is the nominee of his party for the office of County Auditor.

This method should be pursued for all other candidates until the result is finally determined for each office. Where there is more than one candidate to be nominated for an office, as in Marion County, where there are four State Senators, the same method is pursued until the four candidates receive a majority of the votes; and if all have been dropped except four candidates, the four would be declared the nominees of their party for State Senator.

Where there is but one candidate to be nominated and three or more are voted for, a person is nominated if the canvassing sheet shows that one candidate has a majority of all the first choice votes cast at the primary election for such office. If no person has such a majority then the lowest is dropped and the process is continued until one candidate has a majority of the votes then be ing canvassed.

If there are four candidates to be nominated for State Senator or any other office, to determine whether a person has a majority, add all the first choice votes together and divide this sum by four and the number thus obtained would be the whole number of first choice votes cast and any candidate who has a majority of these votes would be nominated.

When two candidates have the same number of votes and only one is to be nominated, the Board of Canvassers casts lots to determine who will be the nominee.

The candidate for Precinct Committeemen receiving the highest number of votes is declared to be elected without reference to whether he has a majority of all the votes cast and the same rule applies for delegates to a State Convention.

In case at any time in the process of dropping low candidates, any two low candidates have the same number of votes then canvassed, the Board of Canvassers shall determine by lot which of such candidates shall be dropped.

In case none of the candidates for any one office, where only one is to be nominated, shall receive any second choice votes, the candidate having the largest number of votes is nominated; and in case more than one is to be nominated, the required number receiving the highest number of votes are omi iated.

FINAL CANVASS OF PREFERENTIAL VOTE.

The final canvass of the returns of the preferential vote for candidates for President, Vice-President, United States Senator and Governor is made by the State Canvassing Board.

If a candidate for President or Vice-President receives a majority of the votes cast on any one ticket at the primary for such. office, the delegates to the National Convention of the party which such candidate represents shall be instructed and it shall be their duty to cast their vote as a unit for such candidate as long as his name is before the party National Convention as a candidate for such office. If, at any time, the name of such candidate should be with his authority or with the authority of his authorized representative, withdrawn from consideration at such Convention, then and not until then would such delegates be authorized to vote for another person for President or Vice-President, as the case may be.

Whether a candidate for President or Vice-President has received a majority of the votes cast, is to be determined in the same manner as in the case of candidates for Governor and United States Senator.

The method of determining the choice of candidates for Governor and United States Senator, is as follows:

1. If any such candidate shall receive a majority of all the first choice votes cast for such office, such candidate shall be declared to be the nominee for such office by the Convention.

2. If no candidate receives a majority of the first choice votes, then the candidate having the least number of first choice votes shall be dropped, and the votes cast by his supporters as second choice for the other candidates shall be added to the first choice votes for such other candidates and if one candidate then has (counting the total of his first and second choice votes), a majority of all the first choice votes cast at such election for all candidates for such office, he shall be declared the nominee.

3. Repeat this operation until there is a nomination or until only two candidates remain.

4. If at any step in the progress of eliminating the low candidates, no candidate, after having added to his first choice votes the second choice votes cast for him by the first choice supporters of candidates who have been dropped, succeeds in obtaining a total vote equal to a majority of the total first choice votes as originally cast for all candidates for such office, then the preferen

tial vote is to be disregarded and the Convention may nominate its own choice for the office.

To illustrate: If there are four candidates on the Democratic ticket for nomination for United States Senator and they receive the following firsr choice votes:

Total 260,000; necessary to a choice, 130,001. There is no nomination. Drop D with 30,000 votes; 25,000 of his supporters have voted second choice for A, B and C, divided as follows: for A, 10,000; for B, 10,000 and for C, 5,000. The vote now stands:

There is no nomination and C is therefore dropped. Thirty thousand of his supporters voted second choice for A, B and D. Divided as follows: for A, 12,500; for B, 12,500; and for D, 5,000. As D has already been dropped, the second choice votes cast for him are dropped. The vote now stands:

A and B alone remain and A has a majority of all the votes now counted, but as he has not at any time received 130,001 votes, or a majority of the first choice votes cast for the office, he is not nominated and the Convention nominates the party candidate for United States Senator, without regard to the preferential vote. Another illustration:

There are three candidates on the Republican ticket for nomination for Governor and they receive the following first choice votes:

Total

230,000; necessary to a choice, 115,001. There is no nomination. Drop C with 40,000 votes. Thirty thousand of his supporters have voted second choice for A and B; divided as follows for A, 16,000; for B, 14,000. The vote now stands:

A 116,000

B 104,000

Counting A's first and second choice votes, A has a total vote exceeding 115,001, and he must be declared the nominee for such office by his party Convention.

The law clearly recognizes that there may be no nomination of candidates for the offices of President, Vice-President, Governor and United States Senator, although there has been a preferential vote and the above construction is the only one which gives effect to all the provisions of the statute. (Sec. 362.)

Certifying Results.

Clerk of the Circuit Court to State and County Chairmen.-The Clerk of the Circuit Court of each county shall certify to each State chairman of the political party participating in such Primary the vote cast in such county for each candidate for delegate to the State Convention of the ploitical party of such State chairman, and shall further certify to each county chairman of each political party participating in such primary the votes cast for the candidates for precinct committeemen of the political party of such county chairman.

Secretary of State to State Chairman.-The Secretary of State shall certify to the Chairman of each such political party the result of the preferential vote of the candidates of such party for the nomination for President, Vice-President, Governor and United States Senator, which result shall be reported to the State Convention of such party by its chairman.

County Board of Election Canvassers to Clerk.-The County Board of Election Canvassers shall file with the Clerk of the Circuit Court of its county, within thirty days after such primary a certificate of nominations of all candidates for the offices canvassed by it.

State Board of Canvassers to Secretary of State and GovernorThe State Board of Election Canvassers shall file with the Governor and in the office of Secretary of State not less than sixty days after such primary, the names of the candidates nominated for all offices canvassed by it.

Certification to Chairmen of Parties.-The Clerk of the Circuit Court and the Secretary of State each shall, upon receiving the respective lists of nominations above referred to, immediately certify to the State, District and County Chairmen of each political party participating in such Primary the nominations of such party made at such for the State, district or county, as the case may be.

PART X.

PROHIBITED ACTS.

In addition to the offenses of fraudulent voting and fraudulently offering to vote as heretofore set out, the primary law declares the following acts to be criminal offenses, punishable by fine or imprisonment or both.

For anyone to vote more than once at a primary election, either at the same precinct or at different precincts. (Sec. 369.)

For the printer of ballots for any election, or for any person employed in printing the same, to give or deliver, or knowingly permit to be taken any of said ballots by any person other than a member of the board of primary election commissioners, or to cause or permit to be printed any ballot in any other form than the one prescribed in the primary law, or with other names thereon, or with the name spelled or the names thereon arranged in any other way than that authorized by the said board of primary election commissioners. (Sec. 370.)

For a member of the board of election commissioners to give or deliver to any other person any of the ballots for such primary, or to permit any of them to be taken away, except as provided in the primary law. (Sec. 371.)

For any person to take or remove in any manner feloniously or with the consent or permission of the custodian for the time from any place where they may lawfully be, any of such ballots or pencils to be used in the primary, except as an official or custodian under this act, or while in the polling place for the purpose of voting or for any custodian or officer to consent to, or permit any of such ballots or pencils to be removed or carried away from the place where they may lawfully be, by any person, except an official or custodian, whose duty it is to receive the same. (Sec. 372.)

For any inspector to wilfully or negligently fail to appear at the proper clerk's office in person or by representative not less than one day nor more than three days before the primary to procure ballots and election supplies for his precinct. (Sec. 373.)

For any clerk, inspector or other person intrusted with the custody of the ballots for use at the primary to open any of the packages in which said ballots are contained, or permit them to be destroyed, or give or deliver any such packages of ballots to any