neously allowed to remain on any official register, may be permitted to vote in the district in which he resides upon taking the registration oath before one of the election judges and presenting to such judges sufficient proof that, through the error of the registration agent, his name does not appear on the official register. ['97, p. 177.

821. Person must register to vote. No person shall hereafter be permitted to vote at any general, special, municipal, or school election, without having first been registered within the time and in the manner and form required by the provisions of this chapter. ['96, p. 390*; '97, p. 178.

CHAPTER 3.

NOMINATIONS.

822. Nomination by convention or by committee. Any convention of delegates of a political party which presented candidates at the last preceding election, held for the purpose of making nominations to public office, and also voters to the number hereinafter specified, may nominate candidates for public offices to be filled by election within this state. A convention within the meaning of this chapter is an organized assemblage of voters or delegates representing a political party, which at the last election before the holding of such convention polled at least two per cent of the entire vote cast in the state, county, or other political division or district for which the nomination may be made. A committee appointed by any such convention may also make nomination to public office when authorized to do so by resolution duly passed by the convention at which such committee was appointed. ['96, p. 184*; '97, p. 178.

823. Certificate of nomination. Form. All nominations made by such convention or committee shall be certified as follows: The certificate of nomination, which shall be in writing, shall contain the name of the office for which each person is nominated, the name, postoffice address, if any, the residence of each such person, and if in a city, the street, number of residence, and place of business, if any, and shall designate in not more than five words the party which such convention or committee represents. It shall be signed by the presiding officer and secretary of such convention or committee, who shall add to their signatures their respective places of residence and postoffice addresses, and make oath, before an officer qualified to administer the same, that the affiants were such officers of such convention or committee, and that said certificates and the statements therein contained are true, to the best of their knowledge and belief. When the nomination is made by a committee, the certificate of nomination shall also contain a copy of the resolution passed at the convention, which authorized the committee to make such nomination. In the case of electors for president and vice-president of the United States, the names of candidates for president and vice-president may be added to the political or party appellation. ['96, pp. 184-5; '97, pp. 178-9.

824. Id. Where filed. Certificates of nomination of candidates for offices to be filled by the voters of the entire state, or of any division or district greater than a county, shall be filed with the secretary of state. Certificates of nomination of candidates for offices to be filled by the voters of any city or town shall be filed with the recorder of such city, or the clerk of such town. All other certificates of nominations shall be filed with the clerks of the respective counties wherein the officers are to be elected. ['96, p. 185; '97, p. 179. 825. Nominations otherwise than by convention. Certificate. Candidates for public office may be nominated otherwise than by convention or

committee in the manner following: A certificate of nomination containing the names of the candidates for the offices to be filled, with such information as is required to be given in the certificates herein before provided for in other cases. except that such certificates shall designate in not more than five words, instead of the party, the political or other name which the signers shall select, shall be signed by voters residing within the district or political division in and for which the officer or officers are to be elected, to the number of at least five hundred, when the nomination is for an office to be filled by the voters of the entire state: of at least one hundred, when the nomination is for an office to be filled by the voters of a district less than the state and greater than a county, or by the voters of a county; and of at least fifty, when the nomination is for an office to be filled by all the voters of a precinct, town, city, or other division less than a county. The signatures to a certificate of nomination need not all be appended to one paper. The certificate may designate or appoint upon the face thereof one or more persons, who, for the purposes set forth in sections eight hundred and thirty-three and eight hundred and thirty-four, shall represent the signers of said certificate. Each voter signing a certificate shall add to his signature his place of residence and shall, before an officer duly authorized to take acknowledgments, acknowledge his signature and take oath that he is a voter within, and for the political division for which such nomination is made, and has truly stated his residence. Said certificate, when executed and acknowledged as above prescribed, may be filed as provided for in section eight hundred and twenty-four, in the same manner and with the same effect as a certificate of nomination made by a convention or committee. ['96, pp. 185-6; '97, pp. 179–80.

826. Names of candidates in certificate not to exceed offices in number. No certificate of nomination shall contain the names of more candidates for any office than there are offices to fill; but if any such certificate does contain the names of more candidates than there are offices to fill, only those names which come first in order on such certificates and are equal in number with the number of offices to be filled, shall be taken as nominated, and all the rest of such names shall be treated as surplusage. No person shall sign more than one certificate of nomination for any office. ['96, p. 186; '97, p. 180.

827. Certificate to be preserved two years. The secretary of state shall cause to be preserved in his office for the period of two years, all certificates of nomination filed therein under the provisions of this chapter; and each county clerk, city recorder, or town clerk shall cause to be preserved in his office for a like period all certificates of nomination filed therein. All such certificates shall be open to public inspection, under proper regulations to be made by the officers with whom the same are filed. ['96, p. 186; '97, p. 180.

828. Time of filing certificates of nomination. When nominations are made by a convention or committee, the certificates of nomination to be filed with the secretary of state shall be filed not more than sixty nor less than thirty days before the day of election, and the certificates of nomination herein directed to be filed with the county clerk shall be filed not more than sixty, nor less than fifteen days before election; and the certificates of nomination herein directed to be filed with the city recorder or town clerk shall be filed not more than thirty nor less than fifteen days before election. Certificates of nomination, otherwise than by convention or committee, shall, when required to be filed with the secretary of state, be filed not more than forty nor less than thirty days before election; and when required to be filed with the county clerk, shall be filed not more than thirty nor less than fifteen days before election; and when required to be filed with the city recorder or town clerk, shall be filed not more than thirty nor less than fifteen days before election. ['96, pp. 186-7*; '97, p. 180.

829. Secretary of state to certify nominations to county clerk. The secretary of state shall, immediately upon the expiration of the time within which certificates of nomination may be filed with him and corrections thereof

made, certify to the county clerk of each county, within which any of the voters may by law vote for the candidates named in the certificate, the name and description of each such candidate, together with the other details mentioned in such certificate of nomination so filed with the secretary of state. ['96, p. 187; 97. p. 181.

830. List of nominations to be published or posted. Before an election to fill any public office the county clerk of each county, or recorder of each city, or town clerk of each town shall publish in at least one and not more than two newspapers published within the county, city, or town, as the case may be, or post notices in at least three conspicuous places in each precinct where such election is to be held, a list of all the nominations to offices certified to him under the provisions of this chapter. Such publication shall be made three times, except as otherwise provided in this section, the first publication to be not less than six days nor more than ten days prior to the day of election, and shall contain the name and the party or other designation of each candidate, and shall be, as far as possible, in the form of the official ballots. In the case of municipal elections, such publication of the names of candidates for municipal offices shall be made in newspapers which are published within the municipality where the election is to be held. One of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding state election cast the largest number of votes, and another of such publications, if more than one is made, shall be made in the newspaper which advocates the principles of the political party which at the last preceding state election cast the next largest number of votes. The clerk or recorder in selecting the respective papers for such publication, shall select those which, according to the best information he can obtain, have the largest circulation within the county. there be no daily newspaper published within the county, city, or town, as the case may be, one publication in each newspaper shall be sufficient. Should the clerk or recorder find it impracticable to make the publication six days before election day, in counties where no daily newspaper is printed, he shall make the same at the earliest possible day thereafter. One of the publications in any newspaper shall be in the last issue thereof before the day of election. In counties, cities, or towns, where it is impracticable to make publication in newspapers advocating opposite political principles, publication shall be made in the newspaper having the largest circulation. In counties, cities, or towns, where there are no newspapers published, the clerk or recorder shall post double the number of printed lists, and such additional lists shall be posted in other conspicuous places in different portions of the county, city, or town, as the case may be. [96, pp. 187-8*; '97, pp. 181-2.

Correction of errors in names of candidates, etc., ? 788.

If

831. Copies of nomination lists to registry agents. Posting same. The county clerk of each county, and the city recorder of each city, and the town clerk of each town, shall, at least six days before election day, send to the registry agent in each election district in such county, city, or town, at least five and not more than ten copies, for each election district, of printed lists containing the name and party or other designation of each candidate nominated, as hereinbefore provided, to be voted for by the voters of the respective counties, cities, or towns. Such list shall, at least three days before the day of election, be conspicuously posted by such registry agents in one or more public places in each election district of the county, city, or town, one or more of which shall be duly posted where such election is to be held. ['96, pp. 188-9*; '97, p. 182.

832. Objections to nominations to be in writing. Curing defects. All certificates of nominations which are in apparent conformity with the provisions of this chapter, shall be deemed to be valid unless objection thereto shall be duly made in writing within three days after the filing of the same. In case such objection is made, notice thereof shall forthwith be mailed to all the candi

dates who may be affected thereby, addressing to them at their respective postoffice addresses if any, or places of residence as given in the certificate of nomination. The officer with whom the original certificate was filed shall pass upon the validity of such objection, and his decision shall be final; provided, that such officer shall decide such objection within at least forty-eight hours after the same is filed, and any objection sustained may be remedied or defect cured upon the original certificate, or by an amendment thereto, or by filing a new certificate within three days after such objection is sustained. ['96, p. 189; '97, p. 182.

833. Nominations deemed accepted unless written notice of declination given. Whenever any person nominated for public office, as in this chapter provided, shall, not less than twelve days before the day of election, if he shall have been nominated as provided in section eight hundred and twenty-two, or not less than ten days before the day of election, if he shall have been nominated as provided in section eight hundred and twenty-five, notify the officer with whom the original certificate of his nomination was filed, in writing signed by him and duly acknowledged, that he declines such nomination, the same shall be void and his name shall not be printed upon the ballots. The officer to whom such notification is given shall forthwith inform, by mail or otherwise, one or more persons whose names are attached to the original certificate of nomination that such nomination has been declined. ['96, pp. 189-90*; '97, p. 183.

If

834. Filling vacancies in nominations. Should any person so nominated resign, or decline the nomination, as in this chapter provided, or die before election day, or should any certificate of nomination be insufficient or inoperative, because of failure to remedy or cure the same, the vacancy or vacancies thus occasioned may be filled in the same manner required by original nominations. the original nomination was made for a party convention which had delegated to a committee the power to fill vacancies, such committee may, upon the occurring of such vacancies, proceed to fill the same. The chairman and secretary of such committee shall thereupon make and file with the proper officer a certificate, setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee was authorized to fill vacancies, and such further information as is required to be given in an original certificate of nomination. The certificate so made shall be executed and sworn to in the manner prescribed for the original certificate of nomination, and shall, upon being filed at least eight days before the election, have the same force and effect as an original certificate of nomination. When such certificate shall be filed with the secretary of state, he shall, in certifying the nominations to the various county clerks, insert the name of the person who has been nominated to fill the vacancy in place of the original nominee, and in the event that he has already sent forward his certificate, he shall forthwith certify to the county clerks of the proper counties the name and description of the person so nominated to fill the vacancy, the office he is nominated for, together with the other details mentioned in the certificate of nomination so filed with the secretary of state, and the name of the person for whom such nominee is substituted. The chairman and secretary of such committee may in like manner make and file with the proper officer a certificate, setting forth the occurrence of a vacancy by death, resignation, or otherwise, and the further fact that it is not the intention of such committee to fill such vacancy. When such certificate shall be filed with the secretary of state he shall certify such vacancy to the several county clerks forthwith. The secretary of state shall not be required to make any certificate of new nominations or vacancies after eight days before election day, exclusive of election day. ['96, pp. 190-1*; '97, pp. 183-4.

835. Proposed constitutional amendments. Duty of secretary of state and of county clerk. Whenever a proposed constitutional amendment or other question, except the incurring of a bonded indebtedness, is to be sub

mitted to the people of the state for popular vote at any general election, the secretary of state shall duly, and not less than fifteen days before election, certify the same to the county clerk of each county of the state and the county clerk of each county shall include the propositions or questions to be submitted as they will appear in the ballot to be used on election day, in the publication provided for by section eight hundred and thirty, and in the notice provided for by section eight hundred and thirty-one. ['96, pp. 191-2; '97, p. 184.

Proposing amendments to constitution, Con. art. 23.

CHAPTER 4.

BALLOTS AND VOTING.

836. Official ballots, how provided. Except as otherwise provided by law, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers in which the voters, or any of the voters, within the county participate; and to cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in the preceding chapter. It shall be the duty of the recorder of any city or clerk of any town, except as otherwise provided by law, to provide printed ballots for every election of public officers in which the voters or any of the voters, of such city or town participate; and to cause to be printed on the ballot the name of every candidate whose nomination has been certified to, or filed with, such city recorder or town clerk, in the manner provided by law. The official ballots shall be printed and in the possession of the county clerk, city recorder, or town clerk, at least four days before election, and subject also to inspection by the candidates and their agents. [96. p. 192; '97, p. 185.

837. Sample ballots. Sample ballots printed upon paper of a different color from the official ballots, but in the form of those to be used on election day, each containing the names of the candidates which are to be printed upon the appropriate official ballot, shall be printed and in the possession of the county clerk or other officers charged with the duty of preparing such ballots seven days before the day of election, subject to public inspection. Sample ballots shall be delivered to the election officers and posted with the cards of instruction provided for in the next succeeding section. ['96, p. 192; '97, p. 185.

838. Instructions for voters to be printed and distributed. The county clerk of each county, or the city recorder, or town clerk, as the case may be, charged with the duty of providing ballots, shall cause to be printed on cards and in the English language, instructions for the guidance of voters in preparing their ballots. Twelve such cards so printed shall be furnished by such clerk or recorder to the judges of election in each election district, at the same time and in the same manner as the printed ballots. The election judges shall post not less than one of such cards in each place or compartment provided for the preparation of ballots, and not less than three of such cards elsewhere in and about the polling place on the day of election. Such card shall be printed in large, clear type, and shall contain instructions to the voters as to the following matters, to wit:

1. How to obtain ballots for voting;

2. How to prepare the ballots for deposit in the ballot box;

3.

mistake;

How to obtain a new ballot in the place of one spoiled by accident or

4. How to obtain assistance in marking ballots;