which voters may write the names of candidates for presidential electors not on the ballot and which shall be sufficient to contain as many names as there are electors to be chosen. It shall be designated as the blank column and shall contain no voting spaces. At the head of each party column shall be printed the party emblem; below this a blank circle three-quarters of an inch in diameter; below this the party name in large type; below this the names of the candidates for president and vice-president; and below this a heavy line dividing the heading from the names of the presidential electors. Above the name of the first elector shall be printed the words "presidential electors." The names of the presidential electors shall be printed in spaces one-quarter of an inch in depth, except that the first space containing also the words "presidential electors" shall be half an inch in depth. The spaces shall be divided from each other by light horizontal lines. At the left of the name of each elector shall be printed a voting space one-quarter of an inch square, except the space opposite the first name, which shall be half an inch in depth.

Each party circle shall be surrounded by the following instructions, plainly printed: "For a straight ticket, mark within this eircle."

The columns for the presidential electors of independent bodies shall be similar to the party columns except that above the emblem in each column shall be printed the words "independent nominations" in large type like that used for the party names.

In the blank column the space occupied by the emblem and voting circle in the party column shall be occupied by the following instructions, plainly printed: "In the column below, the voter may write the name of any person for whom he desires to vote whose name is not printed on the ballot." Below the line dividing the heading from the blank spaces shall be printed, as in the other columns, the words "presidential electors."

The columns shall be arranged upon the ballot as directed by the secretary of state, precedence, however, being given to the several parties according to the number of votes for governor polled at the last preceding gubernatorial election.

On the stub at the top of the ballot shall be printed in heavy black type the following instructions:

"1. To vote for all the electors of one party make a cross X mark within the circle above the party column.

2. To vote for some, but not all, of the electors of one party make a cross X mark in the square at the left of the name of every candidate printed on the ballot for whom you desire to vote.

3. To vote for any candidate not on the ballot write his name in the blank space provided therefor.

4. Mark only with a pencil having black lead.

5. Any other mark or any erasure or tear on the ballot renders it void.

6. If you tear, or deface, or wrongly mark this ballot, return it and obtain another.

3. Ballots for general officers. The names of all candidates for any one office shall be printed in a separate section, and the sections shall be in the customary order of the offices and shall be numbered from one upward.by a numeral printed in the upper right hand corner of the section. The names of candidates shall be printed in their appropriate section in such order as the board of elections may direct, precedence, however, being given, except as herein otherwise provided, to the candidate of the party which polled the highest number of votes for governor at the last preceding election for such officer, and so on. At the top of each section in the center shall be printed on one line the title of the office. On the same line, to the left of such title and immediately above the emblems and voting squares, there shall be printed a direction as to the number of candidates for whom a vote may be cast, which direction shall be punctuated by an exclamation point. If two or more candidates are nominated for the same office for different terms, the term for which each is nominated shall be printed as a part of the title of the office. At the bottom of each section as many separate spaces as there are candidates to be elected shall be left blank in which the voter may write the names of any candidates not on the ballot. Except as herein otherwise provided with respect to a candidate for the office of governor or of member of assembly who is nominated by more than one political organization, there shall be printed on each line below the top, in the following order, from left to right, the party emblem, the voting square, the candidate's name and the name of the party by which he is nominated. The width of the enclosure containing the name of the candidate and of such party shall not exceed three and one-half inches. In any case where a candidate for public office is nominated by more than one political organization, the party names and emblems shall appear in the order of priority based on the relative number of votes cast for governor by each organization at the preceding election of a governor. In any such case, the emblems shall be arranged horizontally before the voting square, beginning next to the square immediately preceding the name of the candidate with the emblem of the party casting the highest number of such votes. When any candidate for the office of governor or

member of assembly is nominated by more than one political organization, there shall be one voting square in the same horizontal row as the emblems, to the right of each emblem before the name of a candidate so nominated for such office. The final letter of the party name or names shall be close to the right hand perpendicular line of the box, and any space between the candidate's name and his party name or names shall be filled with dotted or waved lines. On the stub at the top of the ballot shall be printed the following directions to the voter:

1. To vote for a candidate on this ballot make a single cross X mark in one of the squares to the right of an emblem opposite his

name.

2. To vote for a candidate not on this ballot write his name on a blank line under the candidates for that office.

3. Mark only with a pencil having black lead.

4. Any other mark or erasure on this ballot is unlawful.

5. If you tear, or deface, or wrongly mark this ballot, return it and obtain another.

In direction number one the words "right" and "emblem" shall be underlined.

Derivation: Election Law, § 81.

Amended by L. 1911, chs. 649 and 872, in effect Oct. 4, 1911. new section inserted by L. 1913, ch. 821, in effect Dec. 17, 1913. L. 1914, chs. 87 and 244; L. 1916, ch. 537; L. 1918, ch. 323, in

1918.

Repealed and Amended by effect Apr. 24,

Cross-references.—As to errors and omissions in ballots, see Election Law, 344, and note. Form where voting machine is used. See Election Law, $397. It is the intention of the Ballot Law (ch. 810 of 1895) to spread before the voter the names of the various persons for whom he is called upon to vote, and he is allowed to vote a straight party ticket or a straight independent ticket or an eclectic ticket, as he sees fit. Devices or emblems were resorted to in order to enable an illiterate voter to attain these ends. Fernbacher v. Roosevelt (1895), 90 Hun 441, 35 N. Y. Supp. 898.

It is the intention of the statute that there shall be a single column for a single party and a single device at the head of that column so that the voter who desires to vote a straight ticket may vote the ticket under that column. Ferrbacher v. Roosevelt (1895), 90 Hun 441, 35 N. Y. Supp. 898.

An independent party may nominate the same individuals as are nominated by an existing political party, but they must nominate them as an independent party, place under their devices and list them under their ticket. Fernbacher v. Roosevelt (1895), 90 Hun 441, 35 N. Y. Supp. 898.

Constitutionality. The giving of such priority to the candidates of the party successful at the last election is not in violation of section 1 of article 1 of the State Constitution which provides that "No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers." The legislature has power to fix the form of ballot. Matter of Walsh v. Boyle (1917), 179 App. Div. 582, 166 N. Y. Supp. 681.

Constitutionality of amendment of 1911.-Chapter 646 of the Laws of 1911, amending this section so that although a person shall have been nominated by more than one political party for the same office his name shall be printed but once upon the ballot and in the column of the party nominating him which first appears upon the ballot, unless the candidate requires it to be printed in the column of some other party which nominated him, is unconstitutional. Hopper v. Britt (1911), 203 N. Y. 144, rev'g 146 App. Div. 363, rev'g 73 Misc. 369.

In making up the various official ballots, the county clerk takes into consideration the nominations for State and district offices which have been certified to the secretary of state and the nominations for local offices which appear upon certificates filed in his own office. In combining the names to go upon a particular official ballot he is to select, so far as party nominations are concerned, the candidates nominated by one and the same party, and when there are two sets of nominations from the same party he cannot refuse to place one of these sets on a ballot with the State nominees simply because the faction which made the local nominations was not recognized by the last State convention. His duty is to inquire and determine as a matter of fact whether that faction is really a part of such party or not. If it is, its local candidates should be named on a ballot with the State ticket, If it is not, they should have a ballot by themselves, with blanks so far as relates to State offices. Matter of Mitchell, (1894) 81 Hun 401, 30 . Y. Supp. 962; Matter of Wheeler, (1895) 10 Misc. Rep. 55, 30 N. Y. Supp. 854.

Any local party, whether regular or not, may have the State nominees of the said party to which it adheres and also all kindred local nominees printed on its ballot. Matter of Wheeler, (1895) 10 Misc. 55, 30 N. Y. Supp. 854.

The names of all candidates to be voted for at a general election, including village police commissioners, shall be placed on the official ballot prepared by the county clerk. In re McLaren, (1890) 34 N. Y. St. Rep. 634, 13 N. Y. Supp. 420.

The only guide for the county clerk in making up the official ballots consists of the certificates of nomination filed with him. He cannot go behind or beyond these and place under the head or emblem of a particular party the names of candidates not nominated by that party, although he may know that such party intends to support such candidates. Matter of Madden, (1895) 148 N. Y. 136.

The law casts upon the county clerk the duty of combining allied nominations and thereby making up the official tickets and ballots from the certificates of nomination. Matter of Hirsh, (1895) 14 Misc. 377, 71 N. Y. St. Rep. 26, 36 N. Y. Supp. 19.

Construction of contract with county clerk for printing ballots. See People er rel. Newburgh News Pr. & Pub. Co. v. Supervisors of Orange Co. (1910), 140 App. Div. 227, 125 N. Y. Supp. 105.

Order of precedence upon ballot.-The form of the ballot is to be designated by the Secretary of State, and, as he is to certify the nominations in the order in which he has received them, police commissioners cannot ignore his certificate as to precedence and adopt an order of their own. Fernbacher v. Roosevelt (1895), 90 Hun 441, 35 N. Y. Supp. 898.

Order of names upon certificates of nomination of justices of the Supreme Court. Report of Atty.-Gen. (1906), 280.

The word "town" cannot be placed upon the ballot immediately preceding the list of town nominations. Report of Atty. Gen. (1902), 321.

One claiming a regular nomination at the hands of a convention which has been declared to be irregular by the supreme authority within the party in the state cannot be regarded as a regular nominee of his party and is consequently not entitled to have his name printed upon the official ballot. Matter of Redmond (1893), 5 Misc. 369, 25 N. Y. Supp. 381.

No matter what a body of voters may have called themselves, if a ticket is nominated and filed according to law the clerk should print the ticket for the popular vote, and a mandamus will lie compelling him so to do in case of either his neglect or his refusal to act. People ex rel. Wallace v. Ryan (1891), 60 Hun 398, 15 N. Y. Supp. 627.

Failure to make nominations precludes political party from retaining column on ballot. Matter of Myers (1910), 140 App. Div. 22, 124 N. Y. Supp. 403.

The court may not by mandamus attempt to direct the board of elections in the exercise of discretion vested in it by the legislature in arranging the order of the names of candidates upon the ballot, unless the action of the

board is so unjust, arbitrary and discriminatory as to shock the conscience as violative of all right, decency and fair play. Matter of Walsh v. Boyle (1917), 179 App. Div. 582, 166 N. Y. Supp. 681.

In printing on ballots the names of candidates for election to the five positions of justice of the City Court of the City of New York under the present statute, which abolishes party columns and provides for a group system for each office, it is proper for the board of elections to place at the head of the list the names of the candidates of the prevailing party at the last previous election, and it would be improper to print the names of candidates in rotation in different election districts as it would produce great additional trouble and confusion in the printing and distribution and counting of ballots. Although five persons are to be elected as justices of the City Court, the names of all candidates should be placed in one section with a direction to vote for five only; the name of each justice should not be placed in a separate section. Matter of Walsh v. Boyle (1917), 179 App. Div. 582, 166 N. Y. Supp. 681.

Commissioners or boards of election act in a ministerial capacity only, in preparing ballots for election, and hav 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.

Marking of ballots.-See cases cited under § 358, post.

A separate ballot for candidates for town offices need not be furnished at a general election in an odd numbered year. People ex rel. Shea v. Gilbert (1919), 189 App. Div. 122, 178 N. Y. Supp. 327.

§ 332. Form of ballot for questions submitted.

The reading form of each proposed constitutional amendment or other question submitted as provided in section two hundred and ninety-five of this chapter shall be printed in a separate section. At the left of each question shall appear two voting squares, one above the other, each at least one-half inch square. At the left of the upper square shall be printed the word "Yes," and at the left of the lower square shall be printed the word "No." On the stub at the top of the ballot shall be printed the following directions to the voter:

1. To vote "Yes" on any question make a cross X mark in the square opposite the word "Yes."

2. To vote "No," make a cross X mark in the square opposite the word "No."

3. Mark only with a pencil having black lead.

4. Any other mark, erasure or tear on the ballot renders it void.

5. If you tear, or deface, or wrongly mark this ballot, return it and obtain another.

The questions shall be numbered consecutively on the face of the ballot, and on the back of each voting section shall be printed the number of the question which it contains.

So far as possible the ballots upon town propositions shall conform to the directions herein contained respecting the ballot on constitutional amendments and questions submitted.

All ballots for the submission of town propositions for raising or appropriating money for town purposes, or for incurring a town liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the submission of other propositions or questions to the electors of such town to be voted at the same town meeting or election. Such ballots shall be indorsed "ballot upon town appropriations."

Derivation:

Election Law, § 82, as amended by L. 1900, ch. 381, § 4; L. 1901, ch. 598, § 3.

Amended by L. 1913, ch. 821, in effect Dec. 17, 1913.