Immediately below the said perforated line and in the space at the right of said vertical line shall be printed the caption "Candidates for party positions." Under said caption the names of candidates for election to party positions shall be printed under the titles of the respective party positions for which they are candidates respectively, so that the names of all candidates for a party position shall be printed under the title of said position, and so that the said party positions shall appear in the following order: member of state committee; member (or members) of county committee.

At the spring primary, in a presidential year, such heavy vertical dividing line shall be omitted, and under the caption "Candidates for party positions" the titles of such positions shall be printed in the following order; delegates and alternates at large to a national convention; district delegates and alternates to a national convention; member of state committee; member (or members) of county committee.

Immediately below the title of each of said party positions shall be printed in brevier lower case type a direction to voters as to the number of persons to be voted for, in the following words: "Vote for ..... " (the blank space being filled with the number of persons to be elected to said party positions at the official primary election). Immediately below this direction and separated therefrom by a horizontal line shall be printed the name or names of candidates duly designated for such party positions in such order as the board or officer with whom designations are filed may by lot determine, upon the notice and in the manner provided for determining the order in which candidates for nomination to public office shall be printed. Immediately below the names of all the candidates in the case of each party position there shall be left a blank space or blank spaces equal in number to the number of candidates to be nominated for said positions and the voter at the official primary election may write in such blank space or spaces the name or names of any person or persons for whom he desires to vote whose name or names are not printed upon the ballot. Voting spaces shall be provided at the left of each column opposite the names of the candidates in the same manner as provided for on the official ballot for the general election.

Where two or more candidates are to be elected to a party position, the names of candidates designated by each petition shall be grouped, and the order in which the groups shall be placed, together with the order of the names within each group, shall be determined by lot, in the manner provided in this section, for determining the order in which the names of candidates shall be printed under the title of an office or party position.

The officer or board charged with the duty of printing, pre

paring and distributing ballots shall determine in how many vertical columns the ballot shall be printed; provided, however, that the names of all persons designated for nomination to the same office or for election to the same party position shall appear in the same column.

To the left of the voting spaces, other than the voting spaces adjoining the heavy black vertical line dividing the names of candidates for public office from candidates for party positions, there shall also be a heavy vertical black line one-half the width of such dividing line, or one-eighth of an inch in width.

The names of candidates for nomination for public office and the names of candidates for party positions shall be numbered consecutively with arabic numerals printed in heavy faced type at the left of the name of each candidate and at the right of the voting space aforesaid, from one upward beginning with the name of the first candidate for nomination for public office whose name is printed first upon the ballot in the column at the left and continuing consecutively through the names of said candidates for nomination for public office and then consecutively through the names of the candidates for party positions; except that where there are two or more candidates for a party position grouped as hereinbefore provided, each group shall have but one number, which shall be printed opposite the approximate center of the group, and there shall be between each group, including the group of spaces for names not printed, a blank space five-sixteenths of an inch in depth.

Where the name of a candidate for nomination for the same. public office or for election to the same party position is designated by two or more petitions, it shall be placed upon a ballot only once; if a candidate for a party position to be filled by two or more persons be designated in more than one petition, his name shall be printed only in the group of candidates designated by the petition first filed; provided that nothing herein contained shall prevent the printing of the name of a candidate upon the same official ballot as a candidate for nomination for public office and at the same time as a candidate for one or more distinct party positions.

On the back of the ballot below the stub and immediately at the left of the center of the ballot shall be printed the name and emblem of the party, and in great primer roman condensed capitals "Official primary ballot for," and after the word "for" shall follow the designation of the election district for which the ballot is prepared, the date of the primary election, and a facsimile of the signature of the officer who has caused the ballot to be printed. Immediately above the center of such indorsement and upon the back of the stub, shall be printed the consecutive number of the

ballot beginning, on the ballots of each party, with "number one," and increasing in regular numerical order, and on the back of the stub below the number, the name of the party. All official primary ballots shall, so far as it conforms to the above description, be substantially in the following form:1

Added by L. 1911, ch. 891, and amended by L. 1913, chs. 800, 820, and L. 1914, ch. 244, in effect April 8, 1914.

Cross-references. See Election Law, §§ 330, 331, and 392.

Name of candidate. That part of this section which provides that “the name of a candidate shall not appear more than once on the ballot as a candidate for the same public office or party position " is an unreasonable restriction upon freedom in voting and a violation of the fundamental law. Hopper v. Britt (1912), 204 N. Y. 524, aff'g 149 App. Div. 133 N. Y. Supp. 778.

The legislature in the enactment of section 58 of chapter 891 of Laws of 1911 fail to prescribe the position to be occupied on the primary ballots by names of candidates for delegates and alternate delegates to the national convention, although the statute provides for the selection of such delegates at the primary and for an official primary ballot. It also prescribes the order of printing the names of certain other candidates, commencing at the top of the column and proceeding to the bottom of the list. This necessarily leaves as the only space where names of delegates to the national convention can be printed the foot of the ballot at the end of the list as fixed by the statute. Matter of Duell v. Bd. of Elections (1912), 205 N. Y. 79.

Use of emblems. The intent of this section as to arrangement of candidates in columns, etc., is to segregate each group independently nominated by petition, each group to appear under its distinct emblem and where there has been a prior selection of a particular emblem to distinguish other independent candidates upon the same ballot made by different petitioners, it can. not be used by other petitioners. Matter of Wetmore (1912), 76 Misc. 627.

An official ballot shall be printed and subject to inspection and ready for use a long enough time before election day to enable candidates and voters to see that it complies with the law. Matter of Holtzmann (1914), 87 Misc. 115, 150 N. Y. Supp. 270.

1 Form omitted.

ARTICLE 4-A.1

CONDUCT OF OFFICIAL PRIMARY ELECTIONS; CANVASS OF RETURNS.

Section 70. Organization and conduct of official primaries.

71. Qualifications of voters at official primaries.

72. Challenges at official primary elections.

73. Expense of official primaries.

74. Primary districts, officers and polling places.

75. Notice of official primaries.

76. Restrictions as to place of primaries.

77. Removals from, and filling vacancies in, boards of primary election officers.

78. Primary poll clerks.

79. Ballots, booths, books, blanks and supplies.

80. Delivery of ballots and manner of voting.

81. Unofficial ballots.

82. Preparation of ballot by voters.

83. Persons within the guard-rail.

84. Watchers; challengers; electioneering.

85. Canvass of votes.

86. Intent of voters.

87. Proclamation and statement of result.

88. Preservation of ballots.

89. Canvass of statements of result; certificates of election to party position.

90. Filling vacancies and determination of tie vote after primaries.

91. Primaries held to nominate candidates for special elections.

92. Unofficial primaries.

93. Penalty for violation.

94. Perjury.

§ 70. Organization and conduct of official primaries.

1. Election inspectors for each election district within or comprising a primary district shall be the election officers for such primary district. 2. All said officers shall take and subscribe the constitutional oath of office, before entering on the discharge of their duties.

3. Each primary shall be held open, for voting thereat, from seven o'clock in the forenoon until nine o'clock in the evening, except in a city of over one million inhabitants, where such primary shall be held open, for voting thereat, from three o'clock in the afternoon until nine o'clock in the evening.

4. The primary election officers shall perform the duties required of election officers at a general election, and such additional duties as are in this chapter prescribed and shall receive the same pay as for services of inspectors on the last day of registration; except that in any city of over one million inhabitants, they shall respectively receive seven dollars and fifty cents for their services at each official primary.

5. In each year an official primary election shall be held on the seventh Tuesday before the general election; in each year in which a president of the United States is to be elected, an additional official primary election shall be held on the first Tuesday in April.

6. Subject only to such differences as are herein provided or as may be necessary, an official primary shall be conducted in the same manner as the general election. A chairman of each board of primary inspectors shall be elected in the same manner as a chairman of a board of inspectors at a general election. The chairman shall designate an inspector to act as primary ballot clerk, with the powers and duties of ballot clerks under this chapter. In a primary district comprising one election district, the inspector so designated shall be of opposite political faith from the chairman. In any primary district, the remaining 1 New article and schedule of sections inserted by L. 1911, ch. 891. Schedule and title amended by L. 1913, ch. 820, in effect Dec. 17, 1913.

inspectors, exclusive of the chairman, shall act as primary poll clerks, with the powers and duties of such clerks under this chapter. The chairman shall receive the primary ballots, as they are cast or returned by the enrolled voters. All the inspectors, including those designated as poll clerks and ballot clerks, shall also perform the duties of primary inspectors from the time the polls are opened until the statements of the results of the canvass are completed.

Added by L. 1911, ch. 891; and amended by L. 1913, ch. 820; L. 1915, ch. 678; L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917.

Cross-references.-Form of constitutional oath, Const., art. 13 (part 2, post). Who may administer oath, Public Officers' L., § 10 (part 6, post); General Construction L., § 36 (part 11, post). As to election officers and their duties at general elections, see sections 302, et seq., also art. 14, generally.

Duties of chairman -Where the chairman of a caucus refuses to perform his duty or arrogates to himself the power lodged in the meeting or caucus itself, the meeting or caucus has power to elect another chairman in his place. Matter of Broat (1894), 6 Misc. 445, 27 N. Y. Supp. 176.

It is the duty of a chairman of a caucus or primary to put motions, properly made, to a vote, and he has no right to declare a motion or resolution carried without a vote being taken, unless by unanimous consent. Matter of Broat (1894), 6 Misc. 445, 27 N. Y. Supp. 176.

When the chairman of a primary declares persons nominated as delegates or committeemen, elected, without taking a vote, and he refuses to take a vote thereon or to recognize any other nomination, his act is a nullity. Matter of Broat (1894), 6 Misc. 445, 27 N. Y. Supp. 176.

Where the temporary chairman of an assembly district convention refuses, upon demand made, to call the roll of the certified members of the convention, upon a vote for the office of temporary chairman, and puts the question to vote viva voce, his action is illegal. French v. Roosevelt (1896), 18 Misc. 307, 41 N. Y. Supp. 1080.

A primary cannot be deemed a fair expression of the choice of the voters of a town where it appears that it was held in a hall largely occupied by the adherents of one faction, that the proceedings were conducted and terminated in a period of from five to ten minutes, and that a ballot demanded was refused by the chairman of the primary, who had been elected in the interest of the faction which was in practical occupation of the hall. Matter of County Clerk of Clinton County (1897), 21 Misc. 543, 48 N. Y. Supp. 407.

Rejection of vote.-A person's vote may be rejected where he refuses, when challenged, to take the required oath or answer questions as to his qualifications. Report of Atty.-Gen. (1895), 223.

§ 71. Qualifications of voters at official primaries.

No person shall be entitled to vote at any official primary unless he is duly enrolled and may be qualified to vote on the day of election. The primary election inspectors shall decide all questions that arise relating to the qualifications of voters.

Derivation: Added by L. 1911, ch. 891, § 32, in effect Nov. 15, 1911. Cross-references.-As to qualifications of voters, see also Election Law, 162. As to review by courts with regard to rights of persons to participate in primary elections, etc., see Election Law, §§ 23 and 56.

The words 66 qualified to vote, etc.," in this section, have relation to the qualifications specified in section 162 of the Election Law, that is, the age, citizenship and residence of the voter, and not his abilty to vote for all candidates that may be nominated at the convention regardless of the

'Changed to Monday before fifth Tuesday for year 1914. ch. 524, in effect June 2, 1914; see opposite page 1.)

(Laws of 1914,