25-213. Official primary election ballots; form and contents; names printed more than once on ballot prohibited, exception; names printed on ballot of one party printed or written on ballot of another
25-213
25-213. Official primary election ballots;form and contents; names printed more than once on ballot prohibited,exception; names printed on ballot of one party printed or written on ballot ofanother party prohibited; minimum votes required for election ornomination.At all national and state primary elections, the national and stateoffices as specified for each in this section shall be printed upon theofficial primary electionballot for national and state offices and the county and township officesas specified for each in thissection shall be printed upon the official primary election ballot for countyand township offices. The official primaryelection ballots shall have the following heading:
To vote for a person whose name is printed on the ballot make a crossor check mark in the square at the left of the person'sname. To vote for a person whose name is not printedon the ballot, write the person's name in the blank space, if any is provided,and make a cross or check mark in thesquare to the left.
The words national and state or the words county and township shall appearon the line preceding the part of the form shown above.
The form shown shall be followed by the names of the persons for whomnomination petitions or declarations have been filed according to law forpolitical parties having primary elections, and for the national and stateoffices in the following order: UnitedStates senator, United States representative from _____ district,governor and lieutenant governor, secretary of state, attorney general,state treasurer, commissioner of insurance, senator _____ district,representative _____ district, district judge _____ district, districtmagistrate judge ____ district, district attorney _____ judicial district, andmember state board of education _____ district. For county and townshipoffices the form shall be followed by the names of persons for whom nominationpetitions or declarationshave been filed according to law for political parties having primary electionsin the following order: commissioner____ district, county clerk, treasurer,register of deeds, county attorney, sheriff, township trustee,township treasurer, township clerk. When any office is not to be elected,it shall be omitted from the ballot. Other officesto be elected but not listed, shall be inserted in the proper places. Foreach office there shall be a statement of the number to vote for.
To the left of each name there shall be printed a square. Officialprimary election ballots may be printed in one or more columns. The namescertified by the secretary of state or countyelection officer shall be printed on official primary electionballots and noothers. In case there are no nomination petitions or declarations on filefor any particular office, the title to the office shall be printed onthe ballot followed by a blank line with a square, and such title,followed by a blank line, may be printed in the list of candidatespublished in the official paper. No blank line shall be printedfollowing any office where there are nomination petitions or declarationson file for the office except following the offices of precinctcommitteeman and precinct committeewoman.Except as otherwise provided in this section, no person's name shall beprinted more than once on either the official primary election ballot fornational and state offices or the official primary election ballot for countyand township offices. No name that is printed on the official primaryelection ballot as a candidate of a political party shall be printed orwritten in as a candidate for any office on the official primary electionballot of any other political party. If a person is a candidate for theunexpired termfor an office, the person's name may be printed on the same ballot as acandidate for the next regular term for such office. The name of any candidateon the ballot may be printed on the same ballot as such candidate and alsoas a candidate for precinct committeeman or committeewoman. No name thatis printed on the official primary election ballot for national and stateoffices shall be printed or written in elsewhere on such ballot or on theofficial primary election ballot for county and township offices exceptfor precinct committeeman or committeewoman. No name that is printed onthe official primary election ballot for county and township offices shallbe printed or written in on the official primary election ballot for nationaland state offices or elsewhere on such county and township ballot exceptfor precinct committeeman or committeewoman.
No person shall be elected to the office of precinct committeeman orprecinct committeewoman where no nomination petitions or declarations havebeen filed, unless the person receives at least five write-invotes. As a result of a primary election, no person shall receive thenomination and no person's name shall beprinted on the official general election ballot when no nomination petitionsor declarations were filed, unless the person receivesvotes equal in number to not less than5% of the total of the current voter registrationdesignatedin the state, county or district in which the office is sought, as compiledby the office of the secretary of state,except that a candidate for township office may receive the nominationand have such person's name printed on the ballot where no nomination petitionsor declarations have been filed if such candidatereceives three or more write-in votes.No such person shall be required to obtain more than 5,000 votes.
History: R.S. 1923, 25-213; L. 1957, ch. 228, § 1;L. 1961, ch. 200, § 2;L. 1965, ch. 164, § 18;L. 1968, ch. 406, § 76;L. 1973, ch. 149, § 1;L. 1975, ch. 204, § 3;L. 1976, ch. 181, § 2;L. 1977, ch. 132, § 1;L. 1978, ch. 136, § 1;L. 1981, ch. 165, § 2;L. 1985, ch. 118, § 12;L. 1986, ch. 115, § 72;L. 1991, ch. 98, § 1;L. 1993, ch. 287, § 1;L. 1995, ch. 192, § 2;L. 2001, ch. 81, § 2;L. 2007, ch. 196, § 1; May 24.