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1897, 530, § 21.

1898, 548, § 192.

No bal- 5

which has voted to use official ballots, by the town clerk. 164 Mass. 489. lots as herein provided shall be printed in any printing establish- 6 ment owned or managed by the city of Boston.

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Arrangement

of names of

ballots.
1888, 353.
1889, 413, § 10.
1890, 386, § 7;
436, § 11.

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SECTION 193. General ballots for the use of male voters in 1 a voting precinct or town shall contain the names of all candidates 2 duly nominated for election therein, and such ballots shall, except 3 as provided in section one hundred and ninety-five, contain the name 4 of no other person.

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To the name of each candidate for a state office shall be added the 6 name of the city or town in which the candidate resides. To the 7 name of each candidate for a city office shall be added the name of 8 the street on which he resides, with his street number, if any; and 9 to the name of each candidate for the office of alderman-at-large 10 shall also be added the number of the ward in which he resides. 11 To the name of each candidate for a state or city office shall 12 be added his party or political designation, expressed in accordance 13 with section one hundred and forty-three. To the name of each 14 candidate for a town office upon an official ballot shall be added the 15 designation of the party or principle which he represents, contained 16 in the certificate of nomination or nomination papers. No greater 17 number of candidates for any office, bearing the same political 18 designation, nominated otherwise than by nomination papers, shall 19 be placed upon the official ballot than are to be elected.

20

If the name of a political party is used in connection with some 21 other name or term as the designation of a candidate nominated 22 for a state or city office by a nomination paper, the words "nomi- 23 nation paper", or "nom. paper", shall be added to such political 24 designation.

25

If a candidate shall receive the nomination of more than one 26 party or more than one political designation for the same office, he 27 may, within the seventy-two hours next succeeding five o'clock of 28 the last day fixed for the filing of nomination papers, by a writing 29 delivered to the officer or board required by law to prepare the 30 official ballot, direct in what order the several nominations or poli- 31 tical designations shall be added to his name upon the official ballot; 32 and such directions shall be followed by the said officer or board. 33 If, during said time, said candidate shall neglect to direct in writing 34 as aforesaid, then said officer or board shall add said nominations or 35 political designations to the name of said candidate upon the official 36 ballot in such order as said officer or board shall determine. 37

SECTION 194. The names of candidates for every state, city and 1 candidates on town office, except the names of candidates for presidential electors, 2 ballot. Partial shall be arranged under the designation of the office in alphabetical 3 order according to the surnames; but the names of candidates for 4 the same office but for different terms of service therein shall be 5 1893, 417, §§ 130, arranged in groups according to the length of their respective terms. 6 Blank spaces shall be left at the end of the list of candidates for 7 1898, 548, § 194. each different office, equal to the number to be elected thereto, in 8 which the voter may insert the name of any person not printed on 9 the ballot for whom he desires to vote for such office. If the ар- 10 proval of a constitutional amendment or any other question is sub- 11 mitted to the voters, it shall be printed on the ballot after the names 12 of the candidates.

135.
1896, 518, § 2.
1897, 482.

1 Op. A. G. 3.

13

14

ballots.

and directions

Special ballots containing only the names of candidates for school Special 15 committee shall also be prepared in like manner and printed for the 16 use of women qualified by law to vote for school committee. 17 Ballots shall be so printed as to give to each voter an oppor- Opportunity 18 tunity to designate by a cross [X], or by the stamp provided for for marking 19 that purpose, in a square at the right of the name and designation ballots. 20 of each candidate, and at the right of each question, his choice of 21 candidates and his answer to such question; and upon the ballots 22 may be printed such directions as will aid the voter: for example, 23 vote for one ","vote for two", yes", "no", and the like. On official 24 the back and outside of each ballot when folded shall be printed the 25 words, "Official Ballot for ", followed by the designation of the 26 voting precinct or town for which the ballot is prepared, the date 27 of election, and a facsimile of the signature of the secretary of the 28 commonwealth, or city or town clerk who has caused the ballot to 29 be prepared. Special ballots shall have the additional indorse30 ment,For School Committee only."

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66

shall

rangement of names of can

P. S. 9, § 11.

1889, 413, § 10. 1892, 279, 1 1993, 417, 13.

1890, 423, § 172.

1898, 548, § 195.

SECTION 195. The names of candidates for presidential electors Presidential 2 shall be arranged in groups as presented in the several certificates electors, ar3 of nomination or nomination papers. The shall be arranged didates, etc. groups 4 in the alphabetical order of the surnames of the candidates for presi- 1832, 169, § 1 R. S. 6, § 15. 5 dent, and the names of the candidates in each group shall be printed G. S. 9, 11. 6 upon the ballots in two columns of equal width. If candidates are 7 nominated at large and for the several congressional districts, the 8 name and place of residence of one of the candidates at large 9 be put at the head of each column, and the names of the other 10 candidates with their places of residence and the numbers of their 11 congressional districts shall follow in the numerical order of the 12 districts. The surnames of the candidates of each political party for 13 the offices of president and vice president, with the political designa14 tion thereof at the right of the surnames, shall be placed in one line 15 above the group of candidates of such party for electors. A suffi16 cient square in which each voter may designate by a cross [X], or 17 by a stamp provided for that purpose, his choice for electors shall 18 be left at the right of each political designation; and no other space 19 or margin shall be left in any such group of candidates.

type, etc.

1890, 386, § 7; 1892, 279, § 1,

1893, 417, 132. 1898, 548, § 196.

1 SECTION 196. The official ballots shall, except as otherwise pro- Ballots, paper, 2 vided herein, be of ordinary white printing paper, of two or more size, form, 3 pages, and shall, before distribution, be so folded as to measure not 1889, 413, § 10. 4 less than four and one-half inches nor more than five inches in width 423, § 81. 5 and not less than six inches nor more than thirteen and one-half 6 inches in length. The names of all candidates shall be printed in 7 black ink in lines at a right angle with the length of the ballot. 8 The names of all candidates, other than candidates for presidential 9 electors and for president and vice president, and the initial letters 10 of all names of candidates for presidential electors, shall be in capital 11 letters not less than one-eighth of an inch nor more than one-quarter 12 of an inch in height. The surnames and political designations of 13 the candidates for president and vice president shall be in capital 14 letters not less than three-sixteenths of an inch in height.

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The special ballots shall be printed on colored paper of a dif- Special ballots. 16 ferent color from that of specimen ballots.

Number of
ballots to be
provided for

state and city
elections.
1888, 436, § 12.

SECTION 197. Two sets of ballots, each of not less than sixty 1 ballots for every fifty and fraction of fifty registered male voters, 2 shall be provided for each polling place at which an election for state 3 or city officers is to be held, and two sets of special ballots, each of 4 1893, 417, 133. not less than sixty ballots for every fifty and fraction of fifty women 5 registered to vote for school committee.

1889, 413, § 12. 1890, 436, § 7.

1898, 163.

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- to be in packages, etc.

§

1888, 436, 11.

1898, 548, § 197.

6 If ballots are prepared by the town clerk, one set of general 7 ballots of not less than sixty ballots for every fifty and fraction of 8 fifty registered male voters shall be provided, and one set of special 9 ballots of not less than sixty ballots for every fifty and fraction of 10 fifty women registered to vote for school committee. 11

Sufficient partial ballots in state elections shall be prepared for 12 voters who may be entitled to vote for a part only of the officers to 13 be voted for in a city or town. A statement shall be printed on 14 the back of such ballots, in addition to the official indorsement, indicating the class of voters for whose use the ballots are fur-16 nished, and such ballots only shall be furnished to such voters. 17

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SECTION 198. Ballots, in convenient numbers, shall be arranged 1 in packages. A record of the number of ballots printed and deliv- 2 ered to each polling place shall be kept by the secretary of the 3 1898, 548, 198. commonwealth, or the city or town clerk, for one year.

1889, 413, § 11. 1890, 386, § 8.

1893, 417, § 134.

Ballots in case

of vacancy.

1890, 436, § 4.

1891, 278.

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SECTION 199. If a vacancy occurs or is declared in the list of 1 nominations, the name of the candidate nominated to fill such 2 1893, 417, § 136. vacancy shall, if the ballots have not been printed, be placed on 3 them or, if the ballots have been printed, ballots containing the 4 new nomination shall, when practicable, be substituted.

1898, 548, § 199.

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Cards of in

struction.
1888, 436, § 13.
1889, 413, § 13.
1890, 386, § 10.
1893, 417, § 137.

INFORMATION TO VOTERS.

SECTION 200. The secretary of the commonwealth in state elec- 1 tions, city clerks in city elections, and town clerks in town elections 2 at which official ballots are used, shall, for every such election, 3 1898, 548, 200. prepare and cause to be printed in large clear type cards contain- 4 ing full instructions to voters for obtaining ballots, marking them, 5 obtaining assistance and new ballots in place of those accidentally 6 spoiled; and on separate cards such abstracts of the laws imposing 7 penalties upon voters as they shall deem proper. They shall also 8 provide for each polling place ten or more specimen ballots which 9 shall be facsimiles of the ballots provided for voting, but printed 10 without the indorsements and on colored paper. The secretary of 11 constitutional the commonwealth shall provide copies of any proposed amendment 12 to the constitution submitted to the people, with a heading in large 13 type, Proposed Amendment to the Constitution.

Specimen ballots.

Copies of proposed

amendments.

1892, 124, § 2.

Secretary of the commonwealth to

transmit lists

etc., to regis

trars.

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SECTION 201. The secretary of the commonwealth shall, at least 1 five days before state elections, transmit to the registrars printed 2 of candidates, lists of the names, residences and designations of candidates to be 3 voted for at each polling place, substantially in the form of the 4 official ballot, and also printed copies of any proposed amendment 5 to the constitution. The registrars shall, upon the receipt thereof, 6 conspicuously post in one or more public places in each voting 7 precinct or town the lists and copies aforesaid for such precinct or 8 town.

1888, 436, § 14. 1889, 413, § 14. 1892, 124, § 2.

1893, 417, §§ 138, 139, 140.

1898, 548, § § 201.

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1

dates how

1889, 413, § 15.

SECTION 202. City clerks shall, at least four days before a city Lists of candi2 election, cause to be posted in every voting precinct the names, posted in cities. 3 residences and designations of all candidates duly nominated and to 1898, 417, 139. 4 be voted for in such city, substantially in the form of the official 1898, 548, § 202. 5 ballot, and cause the same to be published in at least two news6 papers, if there are so many published in said city, representing 7 so far as practicable the two leading political parties.

in towns. 1890, 386, § 11.

1 SECTION 203. Town clerks in towns using official ballots shall, 2 at least four days before an election therein, cause to be posted in 1893, 417, § 140. 3 one or more public places the names, residences and designations of 1898, 548, § 203. 4 all candidates duly nominated and to be voted for in such town, sub5 stantially in the form of the official ballot.

1

the common

candidates,

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1888, 436, § 15.

1889, 413, 15. 183, 417, §§ 138, 1898, 548, § 204.

1890, 386, § 11.

SECTION 204. The secretary of the commonwealth, before state secretary of 2 elections, shall cause to be published a list of all candidates to be wealth, etc., to 3 voted for in the county and the question on the approval and ratifi- publish list of 4 cation of any proposed amendment to the constitution, and the city 5 clerks before city elections, a list of all candidates to be voted for in 6 their respective cities. Such lists and questions shall be in the form, 7 as near as may be, in which they are to appear upon the official bal8 lot, and said publication shall be made for state elections in at least 9 two newspapers in the county and for city elections in at least two 10 newspapers in the city, if there are so many in the county or city, 11 representing so far as practicable the two leading political parties.

139.

DELIVERY OF BALLOTS, ETC.

ballots for

1888, 436, § 16. 1892, 316.

1 SECTION 205. Each set of ballots, for state elections, shall be Preparation of 2 enclosed in one package by the secretary of the commonwealth, transmission. 3 sealed and marked with the number of ballots of each kind therein, 1889, 413, § 16. 4 and specimen ballots, cards of instruction and copies of any pro- 1893, 417, § 141. 5 posed amendment to the constitution shall be enclosed in another 1898, 548, § 205. 6 package, and the whole shall be further enclosed in a single pack7 age with marks on the outside indicating its contents and the poll8 ing place for which it is intended.

ballots.

1892, 316.

143.

9 He shall transmit to the city or town clerks at different times or Delivery of 10 by different means two sets of ballots, cards of instruction and 1888, 436, § 17. 11 copies of proposed amendments to the constitution, so that both sets 1889, 413, § 17. 12 shall be received at least twelve hours before the date of election, 1893, 417, §§ 142, 13 and the clerks shall return receipts therefor to the secretary. He 14 shall keep a record of the time when and the manner in which the 15 several packages are transmitted, and shall preserve the receipts 16 therefor for one year.

17 The clerk of each city and the clerk of each town using official 18 ballots shall enclose the ballots, specimen ballots and cards of in19 struction for city or town elections in the same manner.

election.

1 SECTION 206. The city or town clerk shall, on the day of every Delivery at 2 state or city election, before the opening of the polls, transmit to state and city 3 the election officers of each polling place therein, one set of ballots 1888, 436, § 18. 4 with accompanying specimen ballots, cards of instruction and copies 1,413, 18. 5 of proposed amendments to the constitution, which have been pro- 4357 $144. 6 vided for such polling place; and the presiding election officer at 1898, 548, § 206.

1889, § 436, 8.

Substitute ballots.

1888, 436, § 19. 1889, 413, § 19.

1898, 548, § 207. 159 Mass. 489.

the polling place shall receipt therefor to the clerk, and such receipt, 7 with a record of the number of ballots transmitted, shall be kept 8 in the clerk's office for one year. The second set of ballots shall 9 be retained by the clerk until the receipt by him of a requisition in 10 writing of the presiding election officer of any polling place, when 11 it shall be transmitted to such polling place in the manner above 12 provided as to the first set. At town elections, the town clerk shall 13 deliver all such ballots, the specimen ballots and cards of instruc- 14 tion at the polling place on the day of the election before the open- 15 ing of the polls. 16

SECTION 207. If the ballots provided for any polling place are 1 not delivered, or if after delivery they are destroyed or stolen, the 2 1893, 417, 145. city or town clerk shall cause similar ballots to be prepared; and 3 upon receipt of such new ballots, accompanied by a statement by 4 the clerk under oath that they have been so prepared and transmit- 5 ted by him, and that the original ballots have not been delivered or 6 have been so destroyed or stolen, the ballots so substituted shall be 7 used. 8

Annual state
election, date,
officers to be
chosen.
Const., pt. 2,
c. 1, § 3, arts. 1,
2, 3; c. 2, § 1,
arts. 2, 3; § 2,
art. 1.

Amendts.

CALLING OF ELECTIONS.

SECTION 208. The annual state election for the choice of gov- 1 ernor, lieutenant governor, councillors, secretary, treasurer and 2 receiver general, attorney general, auditor of accounts, and sen- 3 ators and representatives in the general court, shall be held on the 4 Tuesday next after the first Monday in November. There shall 5 also be chosen at the annual state election, when required by 6 law, presidential electors, and, in their respective districts or coun- 7 ties, representatives in congress, district attorneys, clerks of the 8 R. S. 6, §§ 3, 13. courts, registers of probate and insolvency, registers of deeds, 9 county commissioners, associate commissioners, sheriff's and county 10 11 Mass. 424. 11

const., arts. 15,

16, 17, 19, 21,

22, 36.

1832, 169.

1833, 68.

1848, 35.

G. S. 8 § 1.

G.S. 9, §§3, 9, 10.
P. S. 8, § 1.

treasurers.

P. S. 9, §§ 3, 9, 10.
P. S. 10, § 1.

1890, 423, §§ 147,
165, 170, 171, 188.

1893, 417, § 146.
1898, 548, § 208.

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- to specify officers to be elected and

questions to be

1884, 299, § 1.

SECTION 209. Meetings of the voters of each city for the elec- 1 tion of state officers and city officers shall be called by the alder- 2 men, and the city clerk shall, under their direction, cause notice of 3 such meetings to be printed in one or more newspapers published 4 in such city and to be conspicuously posted in the office of the city 5 clerk; and in Boston, in at least four daily newspapers published 6 therein. Such notices shall be in lieu of the notices or warrants for 7 election required in any city by special statutes. Meetings of the 8 voters of each town for the election of state officers and town 9 officers shall be called as provided in section three hundred and 10 twenty-five. Meetings for the annual state, city and town elections 11` shall be called at least seven days before the day prescribed for the 12 holding thereof. 13

SECTION 210. Notices or warrants for meetings for state and 1 city elections and for the election of town officers in towns where 2 submitted, etc. official ballots are used shall specify by name all the offices to be 3 voted for, and state in full any proposed amendment to the constitu- 4 tion or other question submitted to the people. They shall specify 5 the time when the polls will be opened, and in cities, when the polls 6 1893, 417, 148. will be closed, and in towns, when they may be closed.

1890, 386, § 3; 423, §§ 66-68, 148, 165, 171. 1891, 314.

1892, 124, § 1.

1898, 548, § 210.

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