participation in a local primary election must be filed with the board of election commissioners of the county, or city and county, at least thirty days before the date of such primary election. Where a city primary is to be held such petition must set forth the same facts required to be set forth in a petition for participation in a local primary election, must be governed by the same rules, and must be executed by the governing officers or committee of the party for such city or town, and in like manner and time filed with the governing body of such city or town, or by signers to a verified petition as herein before specified. Such lastnamed petition for participation in a city primary must specify in detail the apportionment of delegates, whether by assembly districts, or by wards, or by primary election precincts, or combinations thereof not to exceed an assembly district, where the same have already been established. En. March 12, 1872. Rep. 1899, 56; 1901, 606. En. Stats. 1901, 608.

§ 1362. When shall be held. Primary elections shall be held in this state under the provisions of this chapter on the following dates, that is to say: On the second Tuesday in the month of August in each and every even-numbered year a primary election shall be held for the election of delegates to all state, district, and local conventions for the purpose of making nominations for officers to be voted for at the next ensuing general election, and in case of any county, or city and county, where at the date of the taking effect of this chapter, or thereafter, there shall be held a general election for county, city, or city and county, officers, in odd-numbered years, then a primary election shall be held in such county, city, or city and county, on the second Tuesday in August in each and every odd-numbered year for the purpose of electing delegates to any local convention for the purpose of making nominations for candidates for county, or city and county, officers to be voted for at the next ensuing election. In any year when by law an election is to be held in any city or town in this state for the purpose of electing city or town officers, primary elections for the election of delegates to such city conventions shall be held on the sixth Tuesday next preceding the election for such public officers in such city or town; provided, that where any city election of city officers is to be held on the same day as any general er county

election for state, district, county, or township officers, then the delegates to any such city convention shall be elected from the proper territory at the state or local primary in such county. En. March 12, 1872. Rep. 1899,

56; 1901, 606; En. Stats. 1901, 610.

§ 1363. Secretary of state to transmit copies of petitions -Apportionment of delegates-Notice. Upon the expiration of the time allowed by law for the filing of the petitions with the secretary of state, as herein provided, he must transmit copies of such petitions to the various election commissioners of the counties or of any city and county, in which such primaries are to be held under the provisions of this chapter. And the secretary of state shall forthwith in writing notify the governing boay of each political party which has theretofore filed with him such petition, of the transmission of such copies of its petition to the election commissioners of such various counties, or cities and counties, within the state; provided, that when the petition filed is by a political party or organization, which has not previously polled three per cent of the vote as in this chapter specified, such notice may be given to any person designated in said petition as the person to whom such notice may be sent, or to any officer of any committee whose name and address is contained in said petition. Within ten days after the receipt of such notice, where its petition theretofore filed with the secretary of state does not make the apportionment of delegates in detail, the proper party committees of the petitioning political party in the respective counties, or any city and county in this state, shall file with the election commissioners of the respective county, or city and county, its apportionment of delegates within such county, or city and county. At least fifteen days before the holding of a state, district, or local primary, under the provisions of this chapter, the election commissioners of each county, or city and county, and in like manner before the holding of a city primary, under the provisions of this chapter, the board of trustees or governing body of such city shall publish a notice thereof for three successive publications in at least one daily newspaper published in such city, county, or city and county, as the case may be. If there be no daily newspaper in any city, county, or city and county, then in some weekly newspaper for at least two successive

publications, and if there be neither daily nor weekly newspapers in any city, county, or city and county, respecavely, then for like periods in some daily or weekly newspaper in an adjoining city, county, or city and county, as the case may be. Such notice shall contain the names of the political parties which are entitled to nominate candidates for public offices by convention, and which are entitled to participate in the primary election next ensuing, the offices for which nominations may be made, a designation of precincts, the location of polling places, the names of primary election officers, together with the number of delegates and the apportionment thereof, which each party is entitled to elect, from each assembly district, ward, township, or parts of wards or townships, or other territorial district, as such apportionments are made and set forth in the various petitions of the different political parties as in this chapter provided, or as made by the election commissioners when not made by the proper petition or committee. En. March 12, 1872. Rep. 1899, 56;

1901, 606.

En. Stats. 1901, 611.

1364. Election officers-Precincts.

Prior to each state

or district primary held under the provisions of this chapter, and upon receipt of the notice from the secretary of state, the election commissioners shall appoint the proper number of primary election officers for each primary election precinct which shall be then, or shall have been theretofore, established by them. The appointment of primary election officers, and the establishment of primary election precincts for the foregoing and for all other primaries shall be made by the proper board of election commissioners sufficiently previous in point of time to permit the apportionment of delegates and the publications herein directed. The election commissioners may combine not more than three contiguous general election precincts into one primary election precinct; provided, that no primary election precinct shall embrace territory not in the same assembly or supervisoral district; and provided further, that where any city, town, or city and county, is by law or charter divided into wards, no primary election precinct in such city, town, or city and county, shall embrace territory not included in the same ward, and in the same supervisoral and in the same assembly district. En. March 12, 1872. Rep. 1899, 56; 1901, 606. En. Stats. 1901,

1365. Ballots. The ballots for the primary election shall be printed and provided in as many lots for each precinct as there are parties entitled to participate therein. At the top of each and every ballot of each lot and on a strip extending beyond the top of the ballot proper, so as to be seen with the ballot folded, and without unfolding it, shall be printed in bold type the name of the party for which that particular lot of ballots was printed. The only other matter to be printed on any ballot shall consist of appropriate directions for voting the ballot, and the designations of the various conventions to which delegates are to be elected, and the number of delegates which the parties operating coextensively within each division thereof is entitled to elect to each convention at the particular precinct where said ballot is to be used; all of which shall be concisely and briefly set forth. The voter may write the names of his choice for delegates with pen or pencil, or he may attach in the proper place on the ballot with any adhesive substance a slip of white paper containing the names of his choice; provided, that on any such slip there may be printed a designation of the convention to which the delegates are to be elected. Each voter may vote for as many names for delegates as may be entitled to be elected to his respective party convention, or conventions, from the primary precinct at which he votes, under and by virtue of the apportionment hereinbefore determined by the various party committees, and the directions in pursuance therewith appearing on said ballot. Any ballot upon which any names appear for delegates to conventions of more than one party shall be disregarded. Nor shall any ballot contain names of any delegates to more than one state convention, or more than one district convention, or more than one local convention, or more than one city convention; nor shall any of the printed matter placed on any ballot by legal authority be changed, erased, or interlined. Any ballot not conforming hereto shall be disregarded. In case of a tie vote between candidates for delegates, so that it cannot be determined who is elected, such fact must be reported and certified to such candidates and to the secretary of the proper party committee, if such party shall have polled at least three per cent of the entire vote as in this chapter mentioned, and if such party shall not have polled said three per cent,

then to the person designated in the petition filed by such party, and the convention may determine the respective rights of such candidates to sit or act in the convention. Nothing herein shall be held to prevent the election of the same person to more than one convention of the same party where one of the conventions is held for a political division including the other, or where other separate nominating conventions are legally held in each.

The ballots for each party shall be substantially in the following form:

(Insert name of party) PARTY. Primary Election, Tuesday, August

County.

1902.

Assembly (Ward, Township or

other Territorial) District.

Election Precinct No. ...

......

Vote for delegates to the respective conventions of one party only.

(If any party committee calls for election of different delegates to district, senatorial, assembly or other subdivisions of local conventions, or if delegates are to be elected to city conventions, then have ballots to show.)

(Insert name of party) DELEGATES.

For delegates to (insert name of party) state and district conventions. Vote for eight delegates only.

1

2

3

4

5

6

7

8

For delegates to (insert name of party) local (city, county, or city and county) conventions and subdivisions thereof. Vote for five delegates only.

1
2

3

4

5