of the United States, the national flag or any other emblem common to the people at large shall not be used as such device.

History:-88 v. 457; 89 v. 437.

The state supervisor of elections is not required by section 12 of the Australian Ballot Law, Bates R S. 2966-25 (G. C., Sec. 5014), 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, 57 O. S. 221.

The certificate of nomination mentioned herein means the certificate of a state convention, which has authority to make nominations. The state supervisors of elections cannot be compelled to place a device upon the ticket if the nominations are made by petition; nor a device selected and certified by a state convention which represents a political party, which at the preceding election did not poll a sufficient number of votes to be entitled to a place on the ticket, without petition: State ex rel. v. Kinney, 57 O. S. 221.

Sec. 5015. When Nominations Certified. Immediately after the expiration of the time within which certificates of nomination and nominating 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.

History:-88 v. 457; 89 v. 437; 90 v. 271; 93 v. 190; 97 v. 228; 103 v. 420.

The secretary of state has no discretion; but is bound to send to the deputy state supervisors the form of the ballot immediately upon the expiration of the time allowed for correcting certificates: State ex rel. v. Taylor, 55 O. S. 385.⚫

A court will not compel the board of deputy state supervisors of elections, by a peremptory writ of mandamus, to consider and determine objections filed or questions raised less than forty days before the general election: State ex rel. v. Swan, 91 O. S. 61.

CHAPTER 8.

BALLOTS AND SUPPLIES.

Sec. 5016. Names of Candidates Shall be on Same Ballot. 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.

Names of independent candidates for council, auditor, treasurer and mayor in cities may be placed upon the ballot in lists to the right of party tickets in the order designated by the secretary of state, without party or political designation, but no circle may be placed above any such list of independent candidates. Op. Atty. Gen. (1915), 1840.

In a proceeding in mandamus to compel the board of deputy state supervisors and inspectors of elections to place the name of relator upon the official ballot as a candidate for a municipal office, the prayer for a writ of mandamus will be denied, if the conceded facts show that the relator has not filed a nominating petition which complies with the specific requirements of statute, or of the charter of the municipal corporation, where such charter controls; and that the deputy state supervisors and inspectors of elections are not specially enjoined by law to place his name upon the official ballot: State ex rel. v. Lloyd, 93 O. S. 20.

Sec. 5017. Contents of Ballot; Arrangement of Tickets. 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.

History:-88 v. 458; 89 v. 440; 97 v. 231; 103 v. 59; 106 v. 346; 107 v. 15.

A designation made upon the ballot by the electors of the term of the person voted for, in case such election might be for either of two terms, can not be ignored by the election officers: State ex rel. v. Chambers, 20 O. S. 336.

General Code § 5084, which declares that if "any ballot with a certain designated heading shall contain printed thereon, in the place of another, any name not found on the regular ballot having such heading, such name so found shall be regarded by the judges of election as having been placed there for the purpose of fraud, and said ballot shall not count for the name so found," does not exclude from the count names of candidates for county offices nominated by a local party organization and printed on a ticket properly designated as a county ticket, although such county ticket be printed on and made part of a ballot which contains also the names of candidates nominated by another party for state and district offices, with words at the head thereof intended to distinguish it from other tickets for state and district offices: Roller v. Truesdale, 26 O. S. 586.

If the ballot does not indicate the office or the term of the candidates, such omission invalidates the ballot, although certain of the candidates voted for were nominated regularly and the terms of such candidates were specified by a party caucus: State ex rel. v. Schafer, 13 O. C. C. 525, 10 O. C. D. 36.

Under a statute which provides that whenever any ballots with a certain designated heading shall contain printed thereon in the place of another, any name not found on the regular ballot having such heading, such name so found shall be regarded by the judges of the election as having been placed there for the purpose of fraud, and such ballot shall not be counted for the name so found (see G. C. § 5084), ballots cannot be counted for a candidate for sheriff, who is not a candidate of the party whose name heads the ticket, even though before his name are printed in small type the words "except for sheriff": Beresford v. Hawkins, 9 Dec. Rep. 100, 11 Bull. 7.

Sec. 5018. Arrangement of Tickets On Ballot. In general the arrangement of the ballot shall conform as nearly as practicable to the

plan hereinafter given. The tickets of the various political parties shall be printed in parallel columns headed by the chosen 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.

History:-88 v. 458; 89 v. 440; 97 v. 231; 102 v. 119; 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 election immediately upon the expiration of the time allowed for correcting the certificates of nomination.

The secretary having rightly performed that duty properly refused to instruct 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 O. S. 385.

Sec. 5018-1. When Names of Several Persons Are Grouped as Candidates for Same Office. 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).

History:-103 v. 27.

Sec. 5018-1. Title and Text of Each Proposed Law or Amendment Shall be Printed in Pamphlet; Explanation. The secretary of state, at least thirty days before any election at which any proposed amendment to the constitution or proposed law is to be submitted to the people, shall cause to be printed in pamphlet form a copy of the title and text of each measure to be submitted, with the form in which the ballot title thereof will be printed on the official ballot. Such pamphlet shall also contain an explanation of any proposed measure, not exceeding a total of three hundred words for each, to be filed as hereinafter provided.

History:-103 v. 831.

In Page's General Code this section has been given section number (5018-1a) because of duplication of section numbers.

It is the official duty of the secretary of state to obey this section which peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution and to mail, or otherwise distribute the same, together with a copy of such proposed amendment, to each of the electors of the state, as far as may be reasonably possible, and which further expressly provides that this with other provisions found in this section of the constitution "shall be self-execut

ing," although neither the constitution nor the laws of the state specifically provide in detail, the manner and method of selecting the person or persons who shall prepare and file such argument and explanation: State ex rel. v. Hildebrant, 93 O. S. 1.

General Code §§ [5018-1a] et seq., do not facilitate the operation of the provision of Art. II, § 1g, of the constitution, in reference to the mailing, or otherwise distributing to the electors of the state, as far as may be reasonably possible, an argument or explanation, or both, against a proposed amendment to the constitution: State ex rel. v. Hildebrant, 93 O. S. 1.

Sec. 5018-2. Five May be Named in Petition to Prepare Explanation. Five persons may be named in any petition or supplementary petition to prepare the explanation of the measure to be submitted; which explanation shall be filed with the secretary of state not later than sixty days before the election at which the measure is to be voted upon.

History:-103 v. 831.

Sec. 5018-3. Who May Name Committee to Prepare Explanation. When any valid and sufficient petition or supplementary petition shall have been filed with the secretary of state demanding the submission of any measure to a vote of the people, and the general assembly is in session, the speaker of the house shall name two of its members, and the president of the senate shall name one of its members, which shall constitute a committee to prepare the explanation of the measure on behalf of the general assembly. If the general assembly is not in session then the governor shall name a committee of three electors, which committee shall serve without compensation and which shall prepare and file such explanation with the secretary of state not later than sixty days before the election at which the measure is to be voted upon.

History:-103 v. 831.

Sec. 5018-4. Cost of Distribution of Pamphlets; How Paid. The posting and other cost of distributing such pamphlets shall be paid by the state. The auditor of the state upon receipt of a voucher signed by the secretary of state shall draw his warrants on the state treasurer for such amount as may be necessary to pay for such printing, postage, and cost of distribution at each election, and the same shall be paid from the general fund of the state.

Sec. 5018-5. Mailing Copy of Pamphlet to Each Voter in State; Mailing List. The secretary of state shall, at least twenty days before any such election, transmit one copy of such pamphlet to every voter in the state by mail with postage fully prepaid. If the secretary of state shall, at or about the same time be mailing any other pamphlets to voters, he may, if practicable, bind the matter herein provided for and enclose any and all pamphlets under one cover. For the purpose of securing a mailing list of voters outside of cities having a registration of voters, the secretary of state shall prescribe the forms of books to be used by all local election officials in keeping a record of the postoffice address of all voters residing outside of such cities. The latest available registration lists shall be used in such cities.

History:-103 v. 832.