congress, if any, and for representative in congress; next, under the heading "state" shall be printed the groups of names of candidates for state offices, except judicial and school offices, and for members of the state board of equalization. In elections when state officers are not to be nominated, this heading shall be omitted; next, under the heading "legislative" shall be printed the groups of names for state senator, if any. for member of assembly, and for election as delegate to the State convention from a hold-over senatorial district, if any. Finally under the heading "county committee" shall be printed the names of the candidates for election to membership in the county central committee of the party. The names of the parties at the heads of the party columns shall be arranged in alphabetical order for the first assembly district; and thereafter for each succeeding assembly district, the party column appearing first in the last preceding assembly district shall be placed last, the order of the other party columns remaining unchanged. Each elector shall be entitled to vote for the candidates for office who are proposed for nomination in that party with which he shall declare his affiliation at the time he receives his ballot, and for no other party candidates except as he may write in the names of such other candidates in the blanks provided for that purpose. If he does not express a desire to affiliate with any party he shall not be entitled to vote at such primary election for the nomination of any candidates for any of the offices appearing in these party columns; but he shall be entitled to vote for candidates for all judicial, school, county, and township offices, whether he expresses a desire to affiliate with any party or not.

2. To the right of these party columns shall be a solid black line, extending down from the printed lines separating the instructions to voters from the lists of names of candidates to the bottom margin of the ballot. In the case of a primary election for the nomination of candidates to be voted for at a presidential or general state election, the order of precedence for the columns to the right of this solid black line shall be as follows, that is to say: Under the heading "judicial" shall be printed all the names of candidates for judicial offices, in the order of chief justice supreme court, associate justices supreme court, judge of district court of appeals, judge of superior court, justice of the peace and other judicial officers, if any. Next, under the heading "school" shall be printed all the names of candidates for school offices in the order of state superintendent of public instruction and county superintendent of schools. Next, under the heading "county" shall be printed the groups of candidates for all county and township offices except judicial or school offices. In the case of primary elections where nominations are to be made for only a portion of these offices, at the right of the solid black dividing line there may be only one column. The tally sheets furnished to election officers shall have the names of offices and candidates arranged in the order in which said names of offices and candidates are printed on the ballots according to the provisions of this section. In the case of primary elections for the nomination of candidates for city, city and county or municipal offices only, the order of precedence shall be determined by the legislative body of such city or municipality or by the board of election commissioners of any such city and county.

3. The group of names of candidates for nomination for any judicial, school, county, or township office shall include all the names receiving the requisite number of signatures on nomination papers for such office; but the groups of names of candidates for office appearing on the ballots under the head of each political party shall comprise only the names of candidates for nomination by such party. If any candidate is nominated to fill out a short term office as distinguished from another candidate on the same ballot nominated for a full term of the same office, the words "short term" or "full term," as the case may be, shall be printed below the title of such offices on the ballot, preceding the respective groups of names of candidates.

4. It shall be the duty of the county clerk of each county to provide printed official ballots to be used at any August primary election or May presidential primary election. It shall be the duty of the city clerk to provide printed official ballots for any primary election held within the municipality of which he is an officer for the purpose of nominating candidates to be voted on therein at a municipal election. Such official ballots shall be printed upon official paper furnished in the manner provided by section one thousand one hundred ninety-six of the Political Code, and such ballots to be used at any August primary election, shall be in the form hereinafter provided. The names of all candidates for the respective offices for whom nomination papers have been duly filed shall be printed thereon.

5. Across the top of the primary election ballot shall be printed in heavy faced gothic capital type, not smaller than forty-eight point, the words: "Official primary election ballot," providing that on any primary ballot less than four columns in width said words may be printed in heavy faced gothic capital type not smaller than twenty-four point. Beneath the heading "official primary election ballot," shall appear in heavy faced gothic capital type, the name of the county in which the ballot is being used; and at least three-eighths of an inch below the name of the county shall appear the supervisor district, providing there are no more than five assembly districts in the county, or the assembly district, providing there are more than five assembly districts in the county; the word "district" to be followed in either case by a semicolon and the date of the primary election. At least three-eighths of an inch below the district designation and the date of the primary election shall be printed in tenpoint black gothic type, double leaded, the following instructions to voters: "To vote for a person whose name appears on the ballot, stamp a cross (X) in the square at the right of the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose; and it is optional, but not necessary, to stamp a cross after such name. Vote for candidates of that party only which is not marked 'cancelled' by the election officer; but vote for candidates for any or all of the non-partisan offices."

6. The instructions to voters shall be separated from the lists of candidates by one heavy and one light line or rule. The names of the candidates and the respective offices shall, except as may be hereinafter otherwise provided, be printed on the ballot in parallel columns, each two and one-quarter inches wide. The first columns of the ballot to the left of the solid black line shall each be headed by the name of a party printed in heavy faced gothic capital type; and to the right of the solid black line shall appear in similar type the heading "non-partisan offices." These headings shall all be printed directly under the heavy and light line or rule, and shall be separated from the lists of candidates by a single line or rule.

7. The order in which the list of candidates for any office shall appear upon the primary election ballot shall be determined as follows:

(a) If the office is an office the candidates for which are to be voted on throughout the entire state, including United States senator in congress, the secretary of state shall arrange the names of all candidates for such office in alphabetical order for the first assembly district: and thereafter for each succeeding assembly district, the name appearing first for each office in the last preceding district shall be placed last, the order of the other names remaining unchanged. If the office is that of representative in congress, or member of the state board of equalization, or is an office the candidates for nomination to which are to be voted on in more than county or city and county, but not throughout the entire state, except the office of state senator or assemblyman, or delegate to the state convention from a hold-over senatorial district, the seretary of state shall arrange the names of all candidates for such office in alphabetical order for that assembly district which is lowest in

one

In

numerical order of any assembly district in which such candidates are to be voted on; and thereafter for such succeeding assembly district in which such candidates are to be voted on, the name appearing first for such office in the last preceding district shall be placed last, the order of the other names remaining unchanged. transmitting to each county clerk or registrar of voters the certified list of names as required in section ten of this act, the secretary of state shall certify and transmit the list of candidates for nomination to each office according to assembly districts, in the order of arrangement as determined by the above provisions; and in the case of each county or city and county containing more than one assembly district, he shall transmit separate lists for each assembly district. Except for the office of state senator or assemblyman, the order in which the names filed with the secretary of state shall appear upon the ballot, shall be for each assembly district the order as determined by the secretary of state in accordance with the above provisions, and as certified and transmitted by him to each county clerk or registrar of voters.

(b) If the office is an office to be voted on throughout, but wholly within, one county or city and county, except the office of representative in congress, member of the state board of equalization, state senator or assemblyman, or delegate to the state convention from a hold-over senatorial district, the county clerk of such county or the registrar of voters of such city and county, shall arrange the names of all candidates for such office in alphabetical order for the first supervisor district; and thereafter for each supervisor district, the name appearing first for each such office in the last preceding supervisor district shall be placed last, the order of the other names remaining unchanged; provided, there are no more than five assembly districts in such county, or city and county. If there are more than five assembly districts in such county, or city and county, the county clerk or registrar of voters shall so arrange on the ballot the order of names of all candidates for such office that they shall appear in alphabetical order for that assembly district in such county, or city and county, which is lowest in numerical order, and thereafter for each succeeding assembly district in such county, or city and county, the name appearing first for each office in the last preceding assembly district shall be placed last, the order of the other names remaining unchanged.

(c) If the office is that of state senator or assemblyman, or delegate to the state convention from a "hold-over senatorial district," or member of a county central committee, or any office except the office of representative in congress to be voted on wholly within any county or city and county but not throughout such county or city or county, the names of all candidates for such office shall be placed upon the ballot in alphabetical order.

(d) If the office is a municipal office in any city or town whose charter does not provide for the order in which names shall appear on the ballot, the names of candidates for such office shall be placed upon the ballot in alphabetical order.

8. In publishing the names and addresses of all candidates for whom nomination papers have been filed, as required in section ten of this act, the county clerk or registrar of voters shall publish the names in the order in which they will appear upon the ballot; provided, that in counties or cities and counties containing more than five assembly districts the order of names of candidates shall be that of the assembly district in such county or city and county which is lowest in numerical order, and that, in all other counties, the order shall be that of the first supervisor district.

9. Each group of candidates to be voted on shall be preceded by the designation of the office for which the candidates seek nomination, and the words vote for one" or "vote for two" or more according to the number to be elected to such office at the ensuing election. Such designation of the office to be nominated for and of the number of candidates to be nominated shall

be printed in heavy faced gothic type, not smaller than ten point. The word or words designating the office shall be printed flush with the left-hand margin and the words "vote for one" or "vote for two" or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the direction for voting shall be separated from the names of the candidates by a light line.

10. The names of the candidates shall be printed on the ballot without indentation, in roman capital type not smaller than eight point, between light lines or rules, not less than onequarter nor more than three-eighths of an inch apart. Under each group of names of candidates shall be printed as many blank spaces, defined by light lines or rules, not less than onequarter nor more than three-eighths of an inch apart, as there are to be candidates nominated for such office. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting square not less than one-quarter nor more than three-eighths of an inch square. Each series of groups shall be headed by the word "congressional," "state," "legislative," judicial," "school," "county," or "municipal" or other proper general classification, as the case may be, printed in heavy faced gothic capital type, not smaller than twelve point. All official primary election ballots to be used at any August primary election shall have printed on the back and immediately below the center thereof, in eighteen-point gothic capital type, the words "official primary election ballot," and underneath these words the respective numbers of the congressional, senatorial and assembly districts in which each ballot is to be voted. If there are no more than five assembly districts in the county, there shall also be added the name of the supervisor district and of the county, as follows: " supervisor district of ---- county." The ballot shall be printed on a single leaf with a stub and separated therefrom by a perforated line across the top of the ballot. On each ballot a perforated line shall extend from top to bottom onehalf inch from the right hand side of such ballot, and upon the half-inch strip thus formed there shall be no printing except the number of the ballot which shall be on the back of each strip, in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county; provided, that the sequence of numbers on such official ballots and stubs shall begin with the number one. The official ballots shall be made up in stub books, each book to contain ten, or some multiple of ten ballots, in the manner provided by law for official election ballots, and except as to the order of the names of candidates shall be printed in substantially the following form:

Sec. 9.

[Form of ballot on page 19.]

Section thirteen of said act is hereby amended to read as follows:

Sec. 13. At least twenty days before the August primary election or before the May presidential primary election each county clerk or registrar of voters in every county or city and county shall prepare a sample ballot, placing thereon in the order provided by law, and under the appropriate title of each office, the names of all candidates for whom nomination papers with the requisite number of "sufficient" signatures have been duly filed with him, or have been certified to him by the secretary of state, to be voted for at the primary election in his county or city and county. Such sample ballot shall be printed on paper of a different color and texture from the paper to be used on the official ballot, and shall be mailed to each voter entitled to vote at such August primary election not more than twenty nor less than seven days before the election. The county clerk, on or before the first day on which sample ballots are mailed to the voters, shall mail a copy to each candidate for whom nomination papers have been filed with him or whose name has been certified to him by

the secretary of state, to the post office address as given in such nomination paper or certification, and he shall post a copy of such sample ballot in a conspicuous place in his office. Before such primary election the county clerk shall cause the official ballot to be printed as provided in section twelve of this act, and distributed in the same manner and in the same quantities as provided in sections one thousand one hundred ninety-eight, one thousand one hundred ninetynine and one thousand two hundred one of the Political Code for the distribution of ballots for elections. In the case of primary elections for the nomination of candidates for city offices it shall be the duty of the city clerk, or such other officer charged by law with the duty of preparing and distributing the official ballots used at elections in such city or municipality, to prepare and mail the sample ballot and to prepare and distribute the official primary election ballots, and so far as applicable the provisions of this act shall apply to the nomination of all candidates for city offices.

Sec. 10. Section sixteen of said act is hereby amended to read as follows:

Sec. 16. Any elector offering to vote at a primary election may be challenged by any elector of the city, city and county or county, upon either or all of the grounds specified in section one thousand two hundred thirty of the Political Code, but his right to vote the primary election ticket of the political party with which, on receiving his ballot, he declares his intention to affiliate, shall not be challenged on any ground or subjected to any tests other than those provided by the constitution and section one thousand two hundred thirty of the Political Code of this state, except on the ground of his having previously declared his intention to affiliate with another political party at such primary election, such declaration having been expressed at the time of his signing the nomination paper of a candidate of such other party.

Sec. 11. Section seventeen of said act is hereby amended to read as follows:

Sec. 17. Any elector qualified to take part in any primary election, who has, at least thirty days before the day of such primary election, qualified by registration, as provided by section one thousand ninety-six of the Political Code, shall be entitled to vote at such primary election, such right to vote being subject to challenge only as hereinabove provided; and on writing his name or having it written for him on the roster, as provided by law for general elections in this state, he shall likewise write or have written upon the roster the name of the political party with which he intends to affiliate in voting for candidates for office at the next ensuing November election. He shall then, in an audible tone of voice, declare to the election officer from whom he receives his ballot the name of such political party with which he intends to affiliate, and the clerk whose duty it is, according to law, to write the name of the elector on the poll list, shall also write opposite such name the name of said political party with which the elector declares it his intention to affiliate. At the August primary election, the election officer having charge of the ballots, before giving him his ballot, shall write with ink, or, with a stamp provided for the purpose, stamp the word "cancelled" across the tops of the party columns, and shall draw a blue pencil line down the middle of such columns, which are headed by the names of all the political parties except that with which the elector thus declares his intention to affiliate, and the elector shall be entitled to vote only for candidates for nomination to offices printed or written in under the name of such party as is not thus marked "cancelled." If the voter does not express a desire to affiliate with any party, he need not write, or declare, or have written the name of any political party, and in such case the election officer shall write or stamp the word "cancelled" and draw the blue line across the names of all candidates for nomination to office in the party columns, and the elector shall not be entitled to vote for any such candidates. No one shall be entitled to vote at any primary election who has not been a resident of the state one year, of the county ninety days, and of the

precinct thirty days, next preceding the day upon which such primary election is held. The voter shall be instructed by a member of the board as to the proper method of marking and folding his ballot, and he shall then retire to an unoccupied booth and without undue delay stamp the same with the rubber stamp there found. If he shall spoil or deface the ballot he shall at once return the same to the ballot clerk and receive another.

Sec. 12. Section nineteen of said act is hereby amended to read as follows:

Sec. 19. When a voter has stamped his ballot he shall fold it so that its face shall be concealed and only the printed designation on the back thereof shall be visible, and hand the same to the member of the board in charge of the ballot box. Such folded ballot shall be voted as ballots are voted at general elections, and the name of the voter checked upon the affidavit of registration as having voted.

Sec. 13. Section twenty-one of said act is hereby amended to read as follows:

Sec. 21. As soon as the polls are finally closed the judges must immediately proceed to canvass the votes cast at such primary election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed and the result thereof declared. Except as hereinafter provided, the canvass shall be conducted, completed and returned as provided by sections one thousand two hundred fifty-four, one thousand two hundred fiftyfive, one thousand two hundred fifty-six, one thousand two hundred fifty-seven, one thousand two hundred fifty-eight, one thousand two hundred fifty-nine, one thousand two hundred sixty, one thousand two hundred sixty-one, one thousand two hundred sixty-two, one thousand two hundred sixty-three, one thousand two hundred sixty-four, one thousand two hundred sixtyfour a, one thousand two hundred sixty-five, one thousand two hundred sixty-six, one thousand two hundred sixty-seven, and one thousand two hundred sixty-eight of the Political Code of this state; provided, however, that the board of election shall count all the votes cast for each party candidate for the several offices and record the same by parties on the tally lists; and count all the votes on all the ballots for the candidates for judicial, school, county, and township offices, and record the same on the tally lists; and provided, also, that no vote shall be counted for any party candidate unless stamped or written in the column of that party which the voter was entitled to vote; and all votes written in such column shall be counted only as cast for the nomination of such candidate as the candidate of the party whose name appears at the head of the column.

Sec. 14. Section twenty-two of said act is hereby amended to read as follows:

Sec. 22. The board of supervisors of each county, the board of election commissioners in any city and county, or, in the case of a city or municipal primary election, the officers charged by law with the duty of canvassing the vote at any city or municipal election in such political subdivision, shall meet at the usual place of such meeting, or at any other place permitted by law, at one o'clock in the afternoon of the first Thursday after each primary election to canvass the returns, or as soon thereafter as all the returns are in. When begun the canvass shall be continued until completed, which shall not be later than six o'clock in the afternoon of the sixteenth day following such primary election. The clerk of the board must, as soon as the result is declared, enter upon the records of such board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party for each candidate for each judicial, school, county, or township office, for each candidate for delegate, if any, to a state convention from a hold-over senatorial district, and for each candidate for membership in the county central committee: provided, however, that in entering the statement of such result, the provisions of subdivision six of section one thousand two hundred eighty-two of the Political Code shall apply; and a duplicate as to each political party shall

be delivered to the county, city and county or city chairman of such political party, as the case may be. The clerk shall also make an additional duplicate statement in the same form, showing the votes cast for each candidate not voted for wholly within the limits of such county or city and county. The county clerk or registrar of voters in any city and county shall forthwith send to the secretary of state by registered mail or by express one complete copy of all returns as to such candidates, and as to all candidates for the state assembly, state senate, representatives in congress, judicial officers, except justices of the peace, delegate, if any, to a state convention from a hold-over senatorial district, and as to all persons voted for at the May presidential primary election. The clerk shall also prepare a separate statement of the names of the candidates of each political party who have received the highest number of votes for the several offices to be voted for wholly within such county, city and county, or other political subdivision in which such primary election was held. The secretary of state shall, not later than the twenty-fifth day after any primary election, compile the returns for all candidates voted for in more than one county, and for all candidates for the assembly, state senate, representatives in congress, member of the state board of equalization, and judicial offices (except justices of the peace), delegate, if any, to a state convention from a hold-over senatorial district, and for all persons voted for at the May presidential primary election, and shall make out and file in his office a statement thereof. He shall compile the returns for the May presidential primary election not later than the twenty-first day after such election, and shall compile said returns in such a manner as to show, for each candidate, both the total of the votes received and the votes received in each congressional district of the state.

Sec. 15. Section twenty-three of said act is hereby amended to read as follows:

Sec. 23. Except in the case of a candidate for nomination to a judicial office, school office, county office, or township office, the person receiving the highest number of votes, at a primary election as the candidate for the nomination of a political party for an office shall be the candidate of that party for such office, and his name as such candidate shall be placed on the official ballot voted at the ensuing election; provided, he has paid the filing fee as required by section seven of this act.

In the case of a judicial office, school office, county office, or township office, the candidates equal in number to twice the number to be elected to such office (or less, if the total number of candidates is less than twice the number of offices to be filled) who receive the highest number of the votes cast on all the ballots of all the voters participating in the primary election for nomination to such office, shall be the candidates for such office at the ensuing election, and their names as such candidates shall be placed on the official ballot voted at the ensuing election; provided, however, that in case there is but one person to be elected at the November election to any judicial, school, county, or township office, any candidate who receives at the August primary election a majority of the total number of votes cast for all the candidates for such office shall be the only candidate for such office whose name shall be printed on the ballot at the ensuing election; and provided, further, that in case there are two or more persons to be elected at the November election to any judicial, school, county, or township office, and in case any candidates for such office receive at the August primary election the votes of a majority of all the voters participating in the primary election in the state or political subdivision in which said office is voted upon (such candidates being Ferein designated as "majority candidates"), said "majority candidates" shall, if their number is no less than the number of persons to be elect a to such office, be the only candidates for such rice whose names shall be printed on the baliot at the ensuing November election; and if the umber of such "majority candidates" falls short of the number of persons to be elected to

such office, the names of said "majority candldates" shall be printed on the ballot at the ensuing November election, together with such number of additional names only of such other candidates receiving the next highest number of votes for nomination to such office as may equal twice the number to be elected to such office less twice the number of "majority candidates" (or a smaller number, if the list of said other candidates is exhausted). Of the candidates for election to membership in the county central committee, the candidates equal in number to the number to be elected receiving the highest number of votes in their supervisorial district or assembly district, as the case may be in accordance with the provisions of subdivision four of section twenty-four of this act, shall be declared elected as the representatives of their district to membership in such committee. It shall be the duty of the officers charged with the canvass of the returns of any primary election in any county, city and county or municipality to cause to be issued official certificates of nomination to such party candidates (other than congressional and legislative candidates, candidates for the state board of equalization, and delegates to the state convention from a hold-over senatorial district), as have received the highest number of votes as the candidates for the nomination of such party for any offices to be voted for wholly within such county, city and county, or municipality, and cause to be issued to each member of a county central committee a certificate of his election; and to cause to be issued official certificates of nomination to such candidates for judicial, school, county, or township office as may be entitled to nomination under the provisions of this section. It shall be the duty of the secretary of state to issue official certificates of nomination to candidates nominated under the provisions of this act for representatives in congress, members of the state senate and assembly, members of the state board of equalization, and officers voted for in more than one county; and to issue a certificate of election to each delegate elected to the state convention from a holdover senatorial district; and to issue certificates of election to all persons elected at the May presidential primary election as delegates to their respective national party conventions.

Not less than thirty days before the November election the secretary of state shall certify to the county clerks or registrars of voters of each county and city and county within the state, the name of every person entitled to receive votes within such county or city and county at said November election who has received the nomination as a candidate for public office under and pursuant to the provisions of this act, and whose nomination is evidenced by the compilation and statement required to be made by said secretary of state and filed in his office, as provided in section twenty-two of this act. Such certificates shall in addition to the names of such nominees respectively, also show separately and respectively for each nominee the name of the political party or organization which has nominated such person if any and the designation of the public office for which he is so nominated.

Sec. 16. Section twenty-four of said act is hereby amended to read as follows:

Sec. 24. 1. Party conventions of delegates chosen as hereinafter provided may be held in this state, for the purpose of promulgating platforms and transacting such other business of the party as is not inconsistent with the provisions of this act.

2. The candidates of each political party for congressional offices and for state offices, if any, except judicial and school offices, and such candidates for senate and assembly as have been nominated by such political party at the primary election, and in whose behalf nomination papers have been filed, together with one delegate chosen by such political party from each senatorial district represented by a hold-over senator, shall meet in a state convention at the state capitol at two o'clock in the afternoon of the third Tuesday in September after the date on which any primary election is held preliminary to the general November election. They shall forthwith formulate the state platforms of