25-212. Arrangement of names on ballots; rotation.
25-212
25-212. Arrangement of names on ballots; rotation.In case there are nomination petitions or declarations of intention tobecome a candidate on file for more than one candidate or for more than onepair of candidates for governor and lieutenant governor, of the same partyfor any national or state office, the secretary of state shall divide thestate or appropriate part thereof, into as many divisions as there arenames to go on such party ballot for that office. Such divisions shall beas nearly equal in number of members of such party as is convenient withoutdividing any one county. In making such division the secretary of stateshall take the alphabetical list of counties in regular order until thesecretary of state getsthe required proportion of party members of such party based upon the partyaffiliation lists as shown by the certificates of the respective countyelection officers, and so on through the list of counties until the secretaryof state gets theproper proportion of party members in each division. The secretary of stateshall also take the alphabetical list of candidates or pairs of candidatesin regular order and in certifying to the county election officer the listof names for whom nomination petitions or declarations of intent to becomea candidate have been filed, shall place one name or pair of candidates atthe head of the list in the first division of counties, another in thesecond division, and so on with all the candidates for any particularoffice, so that every candidate or pair of candidates for any office shallbe at the head of the list in one division of the state and second inanother division thereof, and so forth. When, in the case of candidates forthe office of congressman, district judge, districtmagistrate judge,state senator, staterepresentative or state board of education member, the secretary of statefinds that the secretary of state cannot get a fairproportion of party members to giveeach candidate for congressman, district judge,district magistrate judge, state senator, state representative or stateboard of education member in any given district an equitable or fair opportunityto have the candidate's name first on the ballot in therespective counties ofthe district, the secretary of state shall order thecounty election officers in the various counties of the district to rotatethe names of the candidates for such district offices according toprecinct. If voting machines are used the arrangement of names ofcandidates or pair of candidates for all offices on the voting machinesshall be rotated, as near as may be, according to precinct.
The arrangement of the names certified by the secretary of state shallgovern the county election officer in arranging the primary electionballot, and the county election officer in preparing the ballot for suchofficer's county shall follow the same arrangement asprovided in this section forthe secretary of state, for the candidates nominated for county offices,using the township and precincts of the county in making the division.
History: L. 1909, ch. 136, § 4; L. 1915, ch. 204, § 6; R.S.1923, 25-212; L. 1961, ch. 200, § 1; L. 1966, ch. 5, § 1 (SpecialSession); L. 1968, ch. 406, § 75; L. 1972, ch. 128, § 1; L. 1973, ch.153, § 13; L. 1976, ch. 181, § 1;L. 1986, ch. 115, § 71; Jan. 12, 1987.