It was the intention of the Election Law of 1895 to spread before the voter the names of the various persons for whom he is called upon to vote and he is allowed to vote a straight party ticket or a straight independent ticket or an eclectic ticket, as he sees fit. Fernbacher v. Roosevelt (Sup. Ct., 1 D., 1895), 90 Hun, 441. The devices or emblems were resorted to in order to enable the illiterate voter to attain these ends. Id. It was the intention of the law that there should be a single column for a single party and a single device at the head of that column, so that the voter who desires to vote a straight ticket may vote the ticket under that column. Id. The certificates of nomination relative to State offices, and the emblem which is to head the ticket nominated, must be filed with the Secretary of State. Id. Where the convention of a party has been regularly called, has made its nominations and has sent its certificates to the Secretary of State, containing the emblem of that party, that device controls and must head the nominations of that party. Id. Where there are several factions of a party in one county, the State convention decides which faction is regular, and because of such decision as to its regularity, that one faction becomes entitled to the sole use of the party emblem for its local candidates. Id. The State party can hav but one emblem, and that, so far as the candidates of the State party are concerned, is controlling upon all the local factions within the party. Id. The tic of each party for State officers must be in the single column and headac by such party's chosen emblem. Id. Where an independent party, c" faction, or an individual, claims the right to be upon the State tick, it or he must make the nomination in the manner prescribed by the stat utes, and file his certificate with the Secretary of State, who is the sole source of information to the county officers a: to the persons who ve been put in nomination for State offices. Id. An independent party may nominate the same individuals, but it must nominate them as an independent party, place them under its device and list them under its ticket. Id. Where the local faction files a certificate with the board of police examiners relative to local nominations, with the notice that it has indorsed certain state nominations, this is not a compliance with the statute and does not constitute the legal nomination of any person in their behalf, for the State office. Id. 19Vhere the Secretary of State has certified the nominations in the orde in which they have been received by him, and in which they are entitled by the provisions of the law to be put upon the ballot, the police commissioners cannot ignore that certificate. Id.

By this section, it is provided that the tickets or lists of candidates of the various parties shall be, ated in parallel columns, headed by the chosen device and party name or other designation, in such order as the Secretary of State shall 'direct. Fernbacher v. Roosevelt (Sup. Ct., Chambers, 1895), 14 Misc. 199. The plain intent of the legislature, as to nominations and emblems for State candidates, was to restrict the contents of the ballot to those candidates whose names had been legally filed

in the Secretary of State's office, and by him certified to local officials, ogether with the emblems. Id. The certificate of the Secretary of State s to the names of candidates for State offices, emblems of parties and the order of position on the ballot, is binding on the board of police commissioners, and the board has no power to allow the State ticket of the party to be printed in a separate column under the emblem of the local organization in connection with the local ticket of such organization. Id. There is no authority, either expressed or implied, to be found in the Election Law, giving the board of police commissioners the right or semblance of the right to reverse, affect, nullify or interfere with the official action of the Secretary of State, shown by his certificate. Id.

This section provides that all nominations shall be printed upon one ballot, in parallel columns, and that the ticket, or lists of candidates, of each party shall be put in a separate column. Matter of Hirsh (Sup. Ct., Sp. T.), 14 Misc. 377. The law casts upon the county clerk the duty of combining allied nominations and of thereby making up the tickets and the ballots from the certificates of nomination. Id. The State cannot take on itself the providing of the only ballots which the voters may use, and then disfranchise them for using the ballots which it furnished. Election officers cannot by their mistakes, or even by their misconduct, franchise voters. Id. If there is any exception to this rule, it arises of the unsurmountable obstacles of the particular case. Id.

Id.

82. Form of ballot for questions submitted. Whenever the adoption of a constitutional amendment or any other proposition or question is to be submitted to the vote of the electors of the state, or of any district thereof, a separate ballot shall be provided by the same officers who are charged by law with the duty of providing the official ballots for candidates for public office. Such ballots shall comply with the requirements for official ballot for candidates for public office, in so far as such requirements are applicable thereto. Under the perforated line shall be clearly printed, in brevier lower case type, the question of the adoption of the constitutional am adment or other proposition or question upon which the electors within the district for which such ballot is provided may lawfully vote. If there be more than one constitutional amendment or proposition or question to be submitted to the voters of that district, the different amendments or propositions or questions shall be separately numbered and printed, and separated by a broa solid line one eighth of an inch wide. Opposite and before each such amendment, question or proposition so submitted, shall be printed two squares inclosed in ruled lines, one above the other. Preceding the upper one of such squares shall be printed the word "Yes," and preceding the

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lower one of such squares shall be printed the word "No." At the top of each such ballots, immediately above the perforated line, shall be printed in brevier capital type the following words only: "Notice to electors. For an affirmative vote upon any question submitted upon this ballot, make a cross X mark in the square after the word 'Yes.' For a negative vote, make a similar mark in the square following the word 'No.'" All such ballots for the same polling place shall be of the same color and size, and similarly printed, so that, after the removal of the st b, which shall be numbered as in cases of ballots for candidates for public office, it shall be impossible to identify or distinguish any one of such ballots from the others. On the back of each such ballot, below the stub, shall be printed in addition to the indorsement as prescribed for general ballots, the words "Questions submitted," so as to distinguish the said ballots from the official ballots for candidates for office.

This section, as amended by chapter 810 of 1895, directs that whenever a constitutional amendment or other proposition or question is to be submitted to the vote of the electors of this State or of any district thereof, a separate ballot shall be provided by the same officers who are charged by law with the duty of providing the official ballots for candidates for public office. Matter of Taylor (Sup. Ct., 2 D., 1896), 3 App. Div. 214. Such ballots shall comply with the requirements for official ballots for candidates for public office in so far as such requirements are applicable thereto. Id. This section may be well limited to elections at which public officers are to be elected. Id.

§ 83. Sample ballots and stationery.- Sample ballots, equal in number to twenty-five per centum of the number of official ballots provided therefor, shall also be provided for every polling place for which official ballots are required to be provided. Such sample ballots shall be printed on paper of a different color from the official ballot, and without numbers on the stubs, but shall, in all other respects, be precisely similar to the official ballots to be voted at that polling place. One of such sample ballots shall, at any time on the day of election, be furnished upon application to any elector entitled to vote at that polling place, and may be taken by him away from such polling place before receiving his official ballot or ballots. Twelve instruction cards, printed in English, and twelve printed in each of such other languages as the officer or officers charged with providing them shall deem necessary, shall also be provided for each such polling place, con

taining in clear, large type, full instructions for the guidance of electors in obtaining ballots for voting, in preparing their ballots for deposit in the boxes, in returning their ballots to the ballot clerks, and in obtaining new ballots in place of those returned, and, in smaller sized type, a copy of each of the sections of the penal code relating to crimes against the elective franchise. There shall also be provided two poll-books, a suitable number of markers, designated as "distance markers," to indicate the distance of one hundred feet from the polling place, two tally sheets and three complete election return blanks for the use of inspectors and ballot clerks in the forms hereinafter provided, heavy manilla envelopes for statements and returns, sealing wax, pencils having black lead only, pens, penholders, blotting paper and ink. All such articles herein enumerated are hereby designated as "stationery."

§ 84. Blank forms for election officers.-The officers charged with the duty of furnishing official ballots shall furnish to the board of inspectors of each election district, two tally sheet blanks, three ballot return sheet blanks, three election return sheet blanks, one of which shall be indorsed "original return," the other "copies of the original return,” three blanks for the report of assisted and challenged electors, which blanks shall be delivered to such board of inspectors as elsewhere provided.

Tally sheets. The tally sheet blanks shall be printed as nearly as possible in the following form:

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