ination being good, the other being invalid. His name appeared in the ballots twice, once in respect of each nomination, and he received votes under each. It was held that the bad nomination did not avoid the good one; that the votes cast for the nominee under both nominations, all the electors so voting having intend to vote for him, shoul be counted for him: Northcote v. Pulsford, L. R. 10 C. P. 476, 483. The English act provides that "each ballot paper shall contain a list of the candidates described as in their respective nomination papers." In answer to the question whether the name of a candidate twice nominated ought to be twice entered in the ballot paper, it was said that inasmuch as that paper is to contain a list of their candidates, and not a list of their nominations, the officer should enter the name of the candidate and either describe him only as in his correct nomination paper, or append to his name the descriptions in any of his nomination papers, if they differ. The name should be entered on the ballot only Ibid.

once.

Counting irregular ballots. The word "provided" is not synonymous with "prepared" so as to disfranchise, for the time being, voters who have cast ballots provided by the proper officials, but which are erroneously prepared by them, as by wrongfully inserting names of candidates in a party column: People v. Wood, 148 N. Y. 142.

Voters finding a name or set of names upon a ballot regular in form may rely upon the action of the officer who placed it there: v. Navarre, 102 Mich. 259.

Bragdon

Ballots prepared and furnished by the proper officers do not cease to be official because the inspectors of election unauthorizedly correct an error in the name of one of the candidates as printed thereon: Cook v. Fisher, 69 N. W. Rep. 264.

[Sec. 42, Statutes

91. Number of ballots; sample ballots. of 1898.] There shall be printed, in the manner hereinbefore provided, by each county clerk and each city clerk, one hundred ballots for every fifty or fraction of fifty votes cast at any preceding election in each election district in the county or city. Each clerk shall, at the time of ordering official ballots to be printed, cause unofficial sample ballots to be printed upon tinted or colored paper, and in the same form as the official ballots, and delivered to the chairman of any political committee in the county or city, as the case may be, upon the request for such ballots by such committee, to an amount not exceeding one-tenth of the official ballots for each precinct in the county or city. Such request must be made before the printing of the official ballots, and they shall be paid for in the same manner that official ballots are paid for, without additional charge for composition. A committee may, at its own expense, order a larger supply of sample ballots than is required by this section. All ballots ordered printed by county

and city clerks shall be printed at the cost of their respective counties or cities as ordered.

92. Ballots for school officers. [Sec. 43, Statues of 1898.] Where provision has been made in the charter of any city for the election of school officers by a separate ballot, separate official ballots for such officers shall be printed and furnished to the inspectors of election in the several wards in sufficient quantities to supply the electors.

93. Distribution of ballots; receipts; proceedings if ballots lost. [Sec. 44, Statutes of 1898.] Each county and city clerk shall send the ballots printed pursuant to his order for the several polling places in each city, village or town in the county as is provided by law to each city and town clerk and the clerk of each village, so as to be received by them at least twelve hours previous to the opening of the polls on the day of election, in separate sealed packages, with marks on the outside of each clearly designating the polling place for which they are intended and the number of ballots of each kind inclosed; and the respective city, village and town clerks shall, on delivery to them of such packages, return receipts therefor, keep a record of the time when, and the manner in which, the several packages are sent, and each county and city clerk shall preserve for the period of one year the receipts therefor; each city, village and town clerk shall send to the board of inspectors of each polling place in his city, village or town before the day of election the ballots so prepared, sealed and marked for each voting place, and a receipt of such delivery shall be returned to them from the presiding or senior election officer present, which receipt shall be kept in the clerk's office. case the ballots to be furnished to any city, village, town or voting place therein shall fail for any reason to be duly delivered, or in case after delivery they shall be destroyed, lost or stolen, it shall be the duty of the clerk of such city, village or town to cause other ballots to be prepared, in printing or writing, substantially in the form of the ballots so wanting; and upon receipt of such other ballots from him, accompanied by a statement under oath that the same have been so prepared and furnished by him to replace the original ballots which have not been received, or have been so destroyed, lost or stolen, the election officers shall cause the ballots so substi

In

tuted to be used in lieu of those so wanting. If from any cause the ballots are not ready for distribution at any polling place as heretofore provided, or if the supply shall be exhausted before the polls are closed, fac-simile unofficial ballots may be used, but the voter using it must, before voting, present it unmarked to the ballot clerks, have their signatures or initials indorsed thereon, and then he shall prepare it for voting.

Counting sample ballots. See note to paragraph 90.

POLLING BOOTHS AND PARTY REPRESENTATIVES.

94. Flag over voting place. [Sec. 1, ch. 254, laws of 1901.] That the common councils of the cities, trustees of the villages, and the township boards of supervisors may place and display the national flag on suitable staff over every voting place on general election and registration days for township, village, city, county, state and national elections and maintain them during every hour of such days of voting and registration.

95. Expense of flag, how paid. [Sec. 2, ch. 254, laws of 1901.] That such common councils, board of trustees, and township board of supervisors may provide the expense of such flags, and the erection, maintaining and care of the same, such expense to be included in and be a part of the general election expenses.

96. Polling places in fourth class cities. [Sec. 930a, Statutes of 1898, created by sec. 1, ch. 61, laws of 1901.] The common council of every city of the fourth class may provide at the city hall of such city, separate rooms with separate outside entrances thereto, upon which shall be conspicuously marked the respective numbers of the wards for which the same are intended to be used and designate the same as polling places respectively for the respective wards of such city, and all elections in and for each of the wards of such city for which polling places are so designated in the city hall shall be held at the places so designated.

97. When to be designated. [Sec. 930b, Statutes of 1898, created by sec. 1, ch. 61, laws of 1901.] Polling places in a city hall as provided in the preceding section, may be desig

nated by the common council no later than ten days before any election at which such rooms are to be used as such polling places.

98. Booths, by whom and how made; expense of. [Sec. 45, Statutes of 1898.] All officers upon whom is imposed by law the duty of designating polling places shall, under the penalties elsewhere prescribed, provide and maintain in each polling place designated by them a sufficient number of places or compartments, at least twenty-four inches wide and deep, with shelves for writing, which shall be furnished with such supplies and conveniences as shall enable voters to conveniently prepare their ballots, and each compartment shall be furnished. with a door, screen or curtain of cloth so hung as to completely conceal the voter and any one who may lawfully assist him from observation while marking and preparing his ballot, and said room shall have a guard rail so constructed that only persons within said rail can approach within five feet of the

The diagram represents a room 20x24 feet, but it may be made much smaller by contracting the space outside of the guard rail. Where polling place is al ready constructed the inside should be arranged like diagram.

ballot-boxes or such places or compartments.1 The number of such places, shelves or compartments shall not be less than one for every fifty electors who voted at the last preceding gen

1 GENERAL ARRANGEMENT.-The room is divided by a guard rail into two portions, the public being kept outside the rail.

The guard rail is required by law to be not less than five feet from both the ballot box and voting shelves.

Inside the rail are tables, one to accommodate the ballots to be given ont, and a check list upon which the names of those receiving ballots are checked by ballot clerks from duplicate registry lists (where registration is required); another for clerks of election to make poll lists where the names of those depositing ballots are entered, and another for the inspectors to check from registry list and for the ballot box.

The entrance and the exit through the rail are marked.

The shelf to which one goes to mark the ballot is shown as placed against the wall.

VOTING SHELVES.-The booths or shelves for marking ballots may be constructed as follows: Either nailed or screwed together immovably, or the partitions and shelves at the bottom arranged to fold, so that the shelf may be folded into compact shape, and easily put away for future use. This last device is suggested in order to lessen the storage space required for keeping shelves from one election to another. The dimensions of shelves should be: depth, one foot six inches; width, from center to center of partitions, two feet; the partition should project six inches from shelf so as to screen voter. There should be one shelf for every fifty electors who voted in the district at the preceding election.

SUPPORTS.- -Common wooden horses are the best means for supporting shelves, and may be easily stored away from one election to another. Cleats are nailed upon the bottom of the shelf to prevent the horses being pushed to one side or the other.

THE SCREEN or curtain of cloth may be hung along in front of the booths or shelves, so as to screen the voter and his ballot from observation. This can easily be done by extending a strip of cloth a yard wide along in front of the booths or shelves, the upper side being 6% feet from the floor and hanging down the width of the cloth.

RAIL. The rail requires solidity and strength to withstand considerable pres sure, and may consist of strong posts, securely fastened in floor, with a 2x4 inch hand rail from three feet to three feet six inches from the floor.

GATES. There should be some sort of a gate to guard both entrance and exit-say like a turn stile. (See inside view.)