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the polls and by them pasted in the ballot before it is handed the elector.

proper place on the
(103 v. 845.)

NOTE: Where a nomination has been duly certified to the board with whom it should properly be filled, 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.

State ex rel. v. Taylor, 55 0. S. 385.

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 nominations have been originally made and a vacancy occurs upon the ticket after the ballot has been printed.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. 437 § 12.)

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The state supervisor of elections is not required by Section 12 of the Australian Ballot Law, Rates 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, O. 8. 221.

Vacancies shall
central com-
be alled by
mittes.

Device to desigcandidates.

nate party

SECTION 5015. Immediately after the expiration of when nominathe time within which certificates of nomination and nomi- tions certified. nating 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.)

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SECTION 5016. Except as in this chapter provided, the names of all candidates to be voted for on the first Tuesday after the first Monday in November shall be placed upon the same ballot. (99 v. 399 § 3.)

SECTION 5017. Every ballot intended for the use of electors, printed in accordance with the provisions of this chapter, shall contain the names of all the candidates whose nominations for any office 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 electors shall be printed on a separate ballot. On the separate ballot for presidential electors the secretary of state shall place the names of the candidates for president and vice-president on the proper ticket, immediately following the name of the party, and immediately preceding the names of the presidential electors. (107 0. L. 15.)

Names of canbe on same

didates shall

ballot.

Contents of

ballot; arrange

ment of tickets.

Separate ballot

for presidential electors; candi

dates for prespresident.

ident and vice

ballot.

SECTION 5018. In general the arrangement of the bal- Arrangement lot 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

When names of several persons are grouped as candidates for same ofice.

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. 11.)

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 elction immediately upon the expiration of the time allowed for correcting the certificates of nomination.

The secretary having rightly performed that duty properly refused to struct 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 0. S. 385.

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 amenaments the same shall become a part of the constitution. (Constitution, article 10, section 1.)

The language of the constitution definitely and distinctly was intended to appropriate the general state election machinery for the adoption or rejection of amendments to the constitution proposed under its provisions. G. C. Sec. 4785 must be presumed to have been in contemplation of both framers of the constitutional amendments and the legislature. Its provisions, as well as those of the constitution, are sufficient to require the elections on amendments to be conducted according to law. Furthermore G. C. Sec. 5019 was specially amended to provide for election on referendum of laws and constitutional amendments, and is adequate for that purpose: Hockett v. Liquor License Board, 16 0. N. P. (N. S.) 417, 25 0. D. (N. P.) 117; affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 0. S. 176.

question is

of ballot.

SECTION 5020. When the approval of a question other when other than a constitutional amendment, is to be submitted to a submitted. vote, such question shall be printed on a separate ballot and deposited in a separate ballot box, to be presided over by the same judges and clerks of election. (97 v. 231 § 18.) SECTION 5021. The ballot shall be so printed as to give Printed form 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. (107 O. L. 15.)

specified.

SECTION 5022. On the back of the ballot shall be Indorsements 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 containing 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 same 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.)

shall be printed.

SECTION 5023. The ballots shall be printed on the How ballots same leaf with a double stub and separated therefrom by a perforated line and shall be bound with the stub attached 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.) SECTION 5024. The main stub shall be printed as fol- Main and seclows: Consecutive number ........, (after these words the consecutive number shall be printed, beginning with one and increasing in regular numerical order); the deputy state supervisors may direct that such consecutive numbers shall not be printed but shall be written by the ballot officer before delivering the ballot to the elector.

....

Name of voter ... words, the clerk shall write the voter's name.)

(After these

ondary stubs.

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