rejected, SECTION 5009. In the decision of any question as to Certified party the proper political or party designation of candidates, the name may be proper officers herein named may distinguish between can- when. didates nominated by primary and those nominated by petitions. A party or political designation certified by petitioners in nominating petitions at any election may be rejected if, from similarity to the name of any existing political party, such officers deem it likely to mislead or confuse voters. (103 v. 845.) SECTION 5010. If a person nominated as herein provided die, withdraw, or decline the nomination, or if a certificate of nomination is insufficient or imperfect, the vacancy thus occasioned, may be filled or the defect corrected in the manner required for original nominations. Such nomination to fill a vacancy, or corrected certificate must be certified to the secretary of state at least thirty days or to the board of deputy state supervisors at least twentyfive days previous to the day of election. If, when the original nomination was certified, there was certified a committee authorized to represent the party, as herein provided, it may fill such vacancy. (102 v. 417.) How vacancy on ticket filled, or defect in certificate cor. rected. Certificate in vacancy. SECTION 5011. When a committee so authorized fills any such vacancy, the chairman and secretary thereof shall case of filling thereupon make and file with the proper officer a certificate, setting forth the cause of the vacancy, the name of a person nominated, the office for which nominated, the name of the person for whom the new nominee is to be substituted and such other information as is required to be given in an original certificate of nomination. The certificates so made shall be executed, acknowledged and sworn to in the manner prescribed for the original certificate of nomination, and, upon being filed with the secretary of state at least thirty days, or with the board of deputy state supervisors. at least twenty-five days, before the day of election, shall have the same force and effect as an original certificate of nomination. (102 v. 417.) Vacancy caused by candidate death of SECTION 5012. A vacancy caused by the death of a candidate which occurs after the printing of the ballots may be filled by filing the proper certificate with the secretary of state at least ten days, and with the deputy state super- lots printed. visors at least five days, before the day of election. The name, office, and party of the candidate so nominated shall after bal be printed on adhesive slips or pasters by the board of Adhesive slips deputy state supervisors, and shall be delivered to the or pasters. judges of election in each precinct before the opening of the polls and by them pasted in the proper place on the ballot before it is handed the elector. (103 v. 845.) NOTE: Where a nomination has been duly certified to the board with whom it should properly be filed, and the candidate so nominated fails to withdraw or decline the nomination prior to the time when the nomination is required by law to be certified to the other counties, the name of the candidate cannot be stricken from the ballot. In contemplation of law the ballot is printed and there is no way of taking the name off the ticket. Vacancies shall be filled by central committee. Device to designate party candidates. Transmission of certified copies of certificates. Pasters can only be used in cases where nominations have been originally made and a vacancy occurs upon the ticket after the ballot has been printed. SECTION 5013. The power to fill vacancies on a party ticket shall be vested in the central committee of such party or in the case of a vacancy occurring in a list of candidates nominated by petition in the committee named in such petition. (103 v. 845.) SECTION 5014. If the certificate of nomination of any state convention requests that the figure or device selected by such convention shall be used to designate the candidates of such party on the ballots for all elections throughout the state, such figure or device shall be used until changed by request of a subsequent state convention of the same party. Such device may be the figure of a star, an eagle, a rooster, a flower, a plow or some other appropriate symbol. The coat of arms or seal of the state. or of the United States, the national flag or any other emblem common to the people at large shall not be used as such device. (89 v. 437 § 12.) The state supervisor of elections is not required by Section 12 of the Australian Ballot Law, Bates R. S. 2966-25, to cause to be printed on the ballots to be used at an election, a device selected and certified by a state convention which did not represent a political party that at the next preceding election polled at least one per cent. of the entire vote cast for the state; nor a device certified in nomination papers for a ticket nominated by that method. State Ex rel. Lewis v. Kinney, Secretary, 57 O. S. 221. SECTION 5015. Immediately after the expiration of the time within which certificates of nominations and nominating petitions may be filed and within which objections thereto may be made, as provided in the preceding sections, they shall be certified as follows: The state supervisor of elections shall certify the nominations so filed with him, together with a form of official ballot therefor, to the several boards of deputy state supervisors of the counties of the state. The chief deputy state supervisor of the district or subdivision with whom the certificates of district or subdivision nominations have been filed shall immediately certify such nominations to the boards of deputy state supervisors in each of the other counties in such district or subdivision. The board of deputy state supervisors of the county containing the majority population of a municipality situated in two or more counties, shall immediately certify to the boards of deputy state supervisors of the other county or counties, copies of the certificates of nominations and nomination papers of such municipal officers or members of the board of education that have been filed with such board. (103 v. 420.) be on same SECTION 5016. Except as in this chapter provided, Names of canthe names of all candidates to be voted for on the first didates shall Tuesday after the first Monday in November shall be ballot. placed upon the same ballot. (99 v. 399 § 3.) SECTION 5017. Every ballot intended for the use of Contents of electors, printed in accordance with the provisions of this official ballot. chapter, shall contain the names of all the candidates, whose nominations for any offices specified in the ballot have been duly made and not withdrawn in accordance herewith, arranged in tickets or lists under the respective party or political or other designation certified; except that at the elections when presidential electors are to be voted for the names of all candidates for presidential elector shall be printed on a separate ballot. On the sep- Candidates for arate ballot for presidential electors, the secretary of state presidential shall place the names of the candidates for president and separate vice-president on the ticket, immediately following the name of the party and immediately preceding the names of the presidential electors. (103 v. 59.) elector on ballot. ballot. SEC. 5018. In general the arrangement of the ballot Arrangement shall conform as nearly as practicable to the plan herein- of tickets on after given. The tickets of the various political parties shall be printed in parallel columns headed by the chosen 109 When names of several per sons are grouped as candidates for same office. How constitutional amendments shall be submitted. device upon a shaded background, and the party names in such order as the secretary of state directs, precedence being given to the political party which held the highest number of votes for governor at the next preceding November election, and so on. The tickets, or lists, of candidates nominated by nomination papers, with their party names or designations, shall be printed at the right of and parallel with the tickets of political parties in such order as the secretary of state directs, precedence being given to the order herein prescribed for party tickets. No ticket or list of candidates containing more candidates for any office than are to be elected shall be printed under the name of any party. (104 v. II.) It is the imperative duty of the secretary of state, as state supervisor of elections, to send to the deputy supervisors the form of ballot to be used at an approaching election immediately upon the expiration of the time allowed for correcting the certificates of nomination. The secretary having rightly performed that duty properly refused to instruct the deputy supervisors to omit from the ticket the name of a candidate who subsequently withdrew there being no nomination to fill the vacancy. State Ex rel. Fitzsimmons v. Taylor, Secretary, 55 O. SECTION 5018-1. Where the names of several persons. are grouped together upon the ballots as candidates for the same office, the ballot shall contain, immediately above the names of such candidates the words "Vote for not more than (filling the blank space with the number of persons who may lawfully be elected to such office). (103 v. 27.) SECTION 5019. When an amendment to the constitution is to be submitted to the electors for their approval or rejection, such amendment shall be so submitted on a separate ballot at the top of which shall be printed the words "Proposed Amendment to the Constitution," or, if more than one such amendment is submitted at the same election, such heading shall be "Proposed Amendments to the Constitution." Each amendment shall be stated thereon in language sufficient to clearly designate it, which statement shall be printed in a space defined by ruled lines with two squares to the left thereof, the upper of which shall contain the word "Yes," and the lower the word "No." There shall be two similar blank squares, one on the left of that containing the word "Yes," and one to the left of that containing the word "No." Persons desiring to vote in favor of any such amendment shall do so by making a cross mark in the blank square to the left of the word "Yes," and those desiring to vote against the same shall do so by making a cross mark in the blank square to the left of the word "No." More than one such amendment may be submitted on the same ballot. The provisions of this title, so far as practicable, shall apply to the marking of ballots and the counting of votes upon any constitutional amendments so submitted. All such ballots shall be deposited in a separate ballot box. (103 v. 554.) If the majority of the electors voting on the same shall adopt such amendments the same shall become a part of the constitution. (Constitution, article 16, section 1.) SECTION 5020. When the approval of a question other than a constitutional amendment, is to be submitted submitted. to a vote, such question shall be printed on a separate bal- When other lot and deposited in a separate ballot box, to be presided question is over by the same judges and clerks of election. (97 v. 231 § 18.) Provisions re- printed form SECTION 5021. The ballot shall be so printed as to give each elector a clear opportunity to designate by a cross mark in a large blank circular space, three-quarters of an inch in diameter, below the device and above the name of the party at the head of the ticket or list of candidates his choice of a party ticket and desire to vote for each and every candidate thereon, and by a cross mark in a blank enclosed space on the left and before the name of each candidate his choice of particular candidates. Provided that on the ticket for presidential electors blank enclosed spaces shall not be provided on the left and before the names of Form of ticket for presi the presidential electors. A cross mark in the large blank dential circular space above the name of the party at the head of said ticket shall constitute a vote and be counted as such for each of the presidential electors thereon. (103 v. 22.) electors. Indorse ments, SECTION 5022. On the back of the ballot shall be printed "official ballot," the date of the election and facsimile of the signatures of the officers who have caused the ballots to be printed; provided, that all ballots con- specified. taining names of candidates for municipal, township, board of education, and assessor or assessors of real property offices, shall have printed on the back, "official municipal ballot," "official township ballot," "official board of education ballot," "official assessor of real property ballot," or "official assessors of real property ballot," or by such other name as may properly describe the ballot, as the case may be, followed by the date of the election and facsimile of the signatures of the officers who have caused the ballots to be printed. (101 v. 34.) SECTION 5023. The ballots shall be printed on the same leaf with a double stub and separated therefrom by a perforated line and shall be bound with the stub attached Ballots. thereto in books or blocks, one for each voting precinct, which book or block shall contain at least twenty-five per cent. more ballots than there were votes cast at such precinct at the preceding general election. Upon the covers of such books or blocks shall be printed the designation of the precinct for which the ballots have been prepared. (101 v. 228.) |