spaces equal in number to the number of candidates to be nominated for said office. The voter at the official primary election may write in such blank space or spaces the name 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 candidates in the same manner as provided for on the official ballot for the general election.

Immediately below the heavy black horizontal line and in the center of the second part shall be printed the caption "Candidates for the party position of committeeman." Immediately below such heavy black horizontal line and in the center of the third part (or second part if no members of committees are to be elected) shall be printed the caption "Candidates for the party position of delegate or alternate." Under any such caption the names of candidates for election to party positions shall be printed under the titles of the proper party positions, respectively, for which they are severally the candidates, so that the names of all candidates for a party position shall be printed under the title of the position. The party positions of committeemen shall be printed in the following order: member of state committee; member (or members) of county committee. The party positions appearing in the last part of the ballot shall be printed in the following order: delegate, or delegates, to state convention; alternate delegate, or delegates, to state convention; delegate, or delegates, to judicial district convention; alternate delegate, or delegates, to judicial district convention.

At the spring primary, the ballot, below the heavy black horizontal line, shall be in two parts, the first for candidates for the party position of committeeman and the second for candidates for the party position of delegate or alternate. The order in which delegates and alternates shall be printed on the ballot for such primary is as follows: delegate, or delegates, to state convention; alternate delegate, or delegates, to state convention; district delegate, or delegates, to national convention; district alternate delegate, or delegates, to national convention.

Immediately below the title of each party position 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 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 names within a group designated by petition shall be placed in the same order that they appear in the petition, unless they appear in a different order on different papers of the petition, in which case their order within the group shall be determined by lot.

The officer or board charged with the duty of printing, preparing and distributing ballots shall determine into how many vertical columns any part of the ballot shall be divided; 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. Between the captions of the several parts of the ballot and the titles of the first offices or positions printed at the top of a column or part, and extending across each part, shall be printed two light parallel horizontal lines, separated by a space of approximately one-sixteenth of an inch in width.

To the left of the voting spaces, other than the voting spaces adjoining the heavy black vertical line dividing the respective parts of the ballot, 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 fac-simile of the signature of the officer who has caused the ballot to be printed. Immediately aboye 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 conforms to the above description, be substantially in the following form:

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 cannot 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.

Commissioners or boards of election act in a ministerial capacity only, in preparing ballots for election, and have no discretion as to the form of the ballot or designation of the officers; and hence a candidate for justice of the supreme court cannot compel said commissioners to provide ballots in which each candidate is in a section or class by himself. Matter of Burr v. Voorhis (1920), 229 N. Y. 382.