the duties of the county sheriff shall be performed by the chief of police, and the rights of nominating election officers by political parties shall be exercised by the chairmen of the city committees of such parties, if any such there be, such nominations to be filed in writing with the city board of election commissioners. City officers are required to perform the various duties prescribed in the general election law for county officers in whose place they act, subject to the same penalties and provisions prescribed in the general election law as to such county officers. City boards of election commissioners shall provide the necessary equipment for holding such primaries and the county commissioners and township trustees in which such cities are situated shall furnish what is necessary for use in such primaries of the election furniture in their custody. Election commissioners, in holding such city primaries, shall be governed so far as possible by the law herein prescribed for county primaries. The compensation of the appointive members of the city board of election commissioners shall be fixed by the city council of such city and shall be paid out of the city treasury. Declarations of candidacy for city offices shall follow substantially the form prescribed by section thirteen (13) of this act and shall be filed with the city clerk not less than thirty (30) days prior to such primary. Such city boards of election commissioners shall be appointed in the same manner that county boards of election commissioners are appointed: Provided, however, That whenever, in any county, township, city, district, circuit or other political subdivision, there is no contest in any party for the nomination of candidates for any office to be elected therein, no primary for the selection of such candidates shall be held, and the election commissioners shall certify the names of candidates for which there is no contest the same as though a primary election had in fact been held. Whereas, An emergency exists for the immediate taking effect of this provision the same shall be in full force and effect from and after its passage.

This section amends section 7065 Supplement of 1918, being section 11, Acts 1915, p. 359.

70541. Officers not eligible to serve on board.-12. No person holding an appointive or elective office under the federal, state, county or city government, shall be eligible to serve on any primary election board.

This section amends section 7066 Supplement of 1918, being section 12, Acts 1915, p. 359.

7054m. Declarations of candidates, filing.-13. The name of no candidate shall be printed upon an official ballot used at any primary election, unless at least thirty (30) days and not more than sixty (60) days prior to such primary election, a declaration shall have

been filed with the secretary of state in the case of a candidate for member of the national house of representatives, member of the general assembly, judicial office; with the clerk of the circuit court in the case of county office, township office, member of a county committee, or with the city clerk in case of a city office, including judge of the city court, or member of the city committee, by the candidate in substantially the following form:

County of...

State of Indiana..

......
....

SS:

......

I, the undersigned, do hereby certify that I am a qualified voter of ...... precinct of the township of ... or the ...... ward of the city or town of county of ...... State of Indiana, and that I am a member of the ..... party and reside at No. street, and request that you place my name on the official primary ballot to be voted on for the office of ...... at the primary election to be held on the .... day of ...... 19.., as representing the principles of the

on

......

.

party.

Filed in the office of .... this ... ... day of . . . . . 19.. This section amends section 7067 Supplement of 1918, being section 13, Acts 1915, p. 359.

[Acts 1915, p. 359. In force April 26, 1915.]

7054n. President, United States senator, governor, preferential vote.-14. For the purpose of enabling every voter to express his choice for the nomination of candidates for president, vice-president, United States senator and governor, the names of such candidates, as personally or through their representative at least sixty days before the primary file a written request with the secretry of state that their names be printed on the ballot, shall be placed upon the primary ballot of the party whose nomination the candidate is seeking. Before any such name is printed on the ballot a petition therefor signed by at least five hundred voters of the state, asking that such name shall be so printed on the ballot, and that they desire to vote for such a candidate shall accompany such request, and a receipt of the treasurer of state for the fee by the preceding section required to be paid.

This section was numbered 7068 Supplement of 1918.

[Acts 1917, p. 354. In force May 31, 1917.]

70540. Form of ballot.-15. At all the primaries there shall be an Australian ballot made up of the several party tickets herein provided for. Provided, There shall be as many separate tickets as there are parties entitled to participate in the primary. The name of each candidate shall be printed on the official ballot under a designation of the office for which he is a candidate. The name of no other candidate

shall be printed or written thereon. The ticket of each party shall be printed on a different colored ballot. The official ballot for the primary shall be prepared by the election commissioners, and shall state the number of candidates for each office for which an elector is entitled to vote. Such ballot shall contain the names of all candidates for the respective offices for whom nominations papers have been filed. At such primary election such elector may vote for each office designated as there shall be persons to be elected to that office at the ensuing election. The official ballot shall be printed in substantially the form following:

"A"

Official Primary Ballot.

..Party.

To vote for a person make a cross (x) after his name in the proper column as follows:

And so on in like manner for all the officers for whom nomination papers have been filed.

This section amends section 7069 Supplement of 1918, being section 15, Acts 1915, p. 359.

[Acts 1915, p. 359. In force April 26, 1915.]

7054p. Names on ballot, election commissioners.-16. The election commissioners shall arrange the names of all candidates for each office for whom nomination papers have been filed under the designation of the office, in alphabetical order according to surnames. On the left margin of the ballot for each political party the name of uppermost candidate for nomination as printed shall be number 12, and the next 13 and the next 14 and so on consecutively, to the end of the ballot: Provided, In every case where four (4) or more persons are candidates for nomination for the same office except a precinct office at a direct primary election, the number of ballot forms

required shall be divided into sets equal to the greatest number of candidates for any one office on said ballot and the names of said candidates with their respective numbers for each office when the number of said candidates is equal to four (4) or more shall, beginning with a form arranged in alphabetical order as heretofore provided in this section be rotated by removing one name with its number from the top of the list for each office and by placing said name with its number at the bottom of said list for each successive set of ballot forms. As nearly as possible an equal number of ballots of each set shall be delivered to each election precinct. Sample ballots shall be printed from the first or official form of ballot only.

This section was numbered 7070 in the Supplement of 1918.

7054q. List of candidates certified to clerk of court.-17. At least twenty (20) days before any county primary preceding a general election, the secretary of state shall transmit to the clerk of the circuit court of each county a certified list containing the names and postoffice addresses of each person for whom declarations of candidacy have been filed in his office, and entitled to be voted for at such primary, together with designation of the office for which he is a candidate, and the party he represents. The clerk of the circuit court shall forwith [forthwith] upon receipt thereof publish under the proper party designation, the title of each office, the names and addresses of all persons for whom nomination papers have been filed, or all offices, giving the name and addresses of each, the date of the primary, and the hours during which the polls will be open. It shall be the duty of the clerk of the circuit court to publish such notice for two (2) consecutive weeks prior to said primary, in two papers each of the two leading political parties of the county, if there be such papers, and if no such papers then the chairman of each of such parties shall designate a paper in which such notice shall be printed. The clerk of the circuit court shall immediately mail copies of the notice to each township trustee of his county, who shall immediately, post copies of same in at least three (3) public places in each precinct in his township, designating therein the location of the polling booth in each election precinct. In the case of a city election the duties imposed by this section shall be performed by the city clerk.

This section was numbered 7071 in the Supplement of 1918. 7054r. Withdrawals by candidates.-18. Any person who shall file notice of his candidacy as herein before provided for any office for which nominations are to be made at a primary may at any time, not less than twenty-five (25) days before the day set for holding the primary, notify in writing; the officer with whom his name has been

filed, that he is not a candidate and does not wish his name to appear on the official primary ballot as a candidate. Upon receipt of the notice by such officer, he shall withdraw the former declaration from the files and shall not certify the name of the person as a candidate to be voted for at the primary. If a withdrawal shall leave no candidate for office, then the officer shall notify the chairman of the party affected by such resignation, who shall call a meeting of the proper committee, which shall proceed to nominate a candidate to fill such vacancy. Said chairman shall certify the actions of his committee to the proper officer with whom such nominations shall be filed, and such name or names shall be placed upon the official ballot to be voted for at the primary.

This section was numbered 7072 in the Supplement of 1918.

70548. Election precincts.-19. Election precincts shall be the same for county primary elections under this act as for general elections, and for city primaries the same as for municipal elections. The county commissioners or city council, as the case may be, shall give ten (10) days' notice of the place of voting in the several primary precincts, by two publications in one paper each of the two leading political parties of the county or city and if it should be necessary to change any of the places of voting at said primary election after the giving of such notice, then notice shall be given by like publication, of such change, but no change shall be made within two (2) days before the holding of such primary. Voting booths in sufficient numbers to accommodate voters of each precinct shall be furnished and used in the same manner as now provided under the general election laws of this state. Separate ballot boxes of colors corresponding with the color of the ballot shall be furnished for each political party participating in such primary. No primary election shall be held in a room or adjoining any room in which spirituous, vinous, malt, or other intoxicating liquors are sold or kept for sale. The provisions of the general election laws now or hereafter in force relating to the right of any employe to have sufficient time to attend the polls and vote shall apply to all primary elections held under this act.

This section was numbered 7073 in the Supplement of 1918.

7054t. Per diem for election officials.-20. Each inspector, judge, clerk and sheriff of any primary election shall be allowed and paid three dollars ($3.00) for each day's service while attending to such election and performing the duties of his office.

This section was numbered 7074 in the Supplement of 1918.

7054u. Voting hours.-21. The polls in all precincts at primary elections shall be open from six (6) o'clock a. m. to six o'clock p. m.