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such person be a candidate for the office of state superintendent of public instruction, county superintendent, or regent of the State University, he shall file a petition signed by not less than twenty-five qualified electors of the state, and in case of a candidate for county superintendent, such signers shall reside in the county where such candidate seeks to be elected. The aforesaid petitions shall be similar in form to those now provided for in requesting candidates to run for office by petition. All of the aforesaid petitions shall request the candidacy of the person named therein for the office named therein. All persons who are candidates for such positions shall also file with said. petitions and affidavits a receipt for the sum of ten dollars signed by the county treasurer of the county in which such person resides, said amount to be used to help defray the expense of said primary. The statements, affidavits, and petitions filed by any such candidates shall not in any way, refer to or designate the political affiliation of the candidate..

2210 Sec. 272. Ballots for primaries. Notwithstanding any more general law respecting primary elections in force in the state, the official ballot to be prepared and used at such primary, when relating to judicial officers, state superintendent of public instruction, county superintendents and regents of the State University, shall simply place the names of all such candidates upon the primary ballot without any political designation, circle or mark whatever; and the official ballot to be used at such primary shall be substantially in the following form, to-wit:

NON-PARTISAN BALLOT

Candidates for Supreme Judge.

Vote for only..

Candidates for District Judge.

For............. Judicial District.

Vote for only..

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In all other respects the paper ballot to be used in such primary shall be the same as authorized by the "Australian Ballot Law" of this state. In printing the aforesaid ballot, the names shall not be arranged alphabetically, but shall be rotated according to the following plan, to-wit:

The form shall be set up by the printer with the names in the order in which they are placed on the ballot by the county clerk or other official, whose duty it shall be to have the ballot prepared, and in printing the ballot for the various election districts or precincts, the position of the name in each office division shall be changed for each election district or precinct. In making the change of position the printer shall take the line of type containing the name at the head of the form in such office division, and for each election district or precinct, and place it at the bottom, shoving up the column so that the name in each office division for each election district or precinct that was second before the change shall be first after the change.

It shall be the duty of the election boards in the various election districts and precincts in the State of Nebraska, to deliver one of the aforesaid ballots to each qualified elector along with the regular primary official ballot, when said elector pre

sents himself to vote at said primary election. After receiving such ballot from the election officials endorsed as by law provided, the voters shall mark and cast such ballot. The general laws of this state relating to the assistance of voters marking said ballots and the canvassing of the same, declaring the result, and certifying said results to the proper officials shall apply; that is, the general primary laws of the state, except in so far as the same have been modified and changed by the provisions of this act shall govern and control.

2211 Sec. 273. Ballots for general elections. After said. primary election, held as aforesaid, the county clerk or other official whose duty it is to prepare the official ballot for the general election to be held in this state, shall prepare a separate ballot similar and substantially in the same general form and the names rotated on said ballot as herein before provided for in this act for the nomination of judicial officers, state superintendent of public instruction. county superintendents and regents of the State University, at the primary election; and said county clerk or other official shall place on said separate ballot, in each office division, twice as many names as there are places to be filled at the said general election. Said names shall be the names of the persons who received the highest number of votes for the office for which they were candidates in the primary. If more than one person was a candidate for the same position in the primary and the county clerk or other official, in preparing the separate official ballot for the general election, shall place thereon the names of the two persons who received the highest number of votes in said primary for the position for which they were candidates; but in no event shall the names of the official ballot in each office division be more than twice the number of offices to be filled at the said general election. The candidate or candidates receiving the highest number of votes at said general election shall be declared duly elected to the office or offices for which they were candidates. In all other respects the general laws in force in this state respecting the holding, conducting and declaring the results of any such general election shall apply so far as the same are applicable and not inconsistent with the provisions of this act.

Sec. 2. Repeal. That said original Sections 2209, 2210 and 2211, Revised Statutes for 1913, are hereby repealed.

Approved, April 24, 1917.

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AN ACT to amend Section 1 of Chapter 42 of the laws of 1883, being Section 2277 of the Revised Statutes for 1913.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 1 of Chapter 42 of the Laws of 1883, being Section 2277, of the Revised Statutes of Nebraska for 1913, be amended to read as follows:

2277 Sec. 339. Elections-vacancies-how filled. - Vacancies shall be filled in the following manner: In the office of the reporter of the Supreme Court, by the Supreme Court, in all other state and judicial district offices, and in the membership of any board or commission created by the state, where no other method is especially provided, by the governor; in county and precinct offices, by the county board; and in the membership of such board, by the county clerk, county attorney and county treasurer; in township offices, by the town board, but where the offices of the town board are all vacant the clerk shall appoint, and if there be no town clerk, the county clerk shall appoint; in city and village offices, by the mayor and council or board of trustees.

Sec. 2. Repeal. That Section 1 of Chapter 42 of the Laws of 1883, being Section 2277 of the Revised Statutes of 1913, as it now exists be and the same hereby is repealed.

Approved, April 19, 1917.

CHAPTER 39.

(House Roll No. 513.)

[Introduced by Mr. Crist Andersen.]

AN ACT to amend Section 2279, Revised Statutes of 1913, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 2279, Revised Statutes of 1913, is hereby amended to read as follows:

Elections vacancies

2279 Sec. 341. congress legislature how filled. When a vacancy occurs in the office of representative in congress, or members of the legislature, and the body in which such vacancy exists will convene prior to the next general election, the governor shall order a special election to fill such vacancy at the earliest practicable time, and ten days' notice of such election shall be given: Provided, any vacancy occurring in either house of the legislature during a regular or special session thereof shall be filled by the governor within five days after said vacancy occurs by appointment of some qualified person of the same political affiliation as the previous incumbent from the district in which the vacancy has arisen. When, for any cause whatsoever, a vacancy occurs in the representation of the State of Nebraska in the Senate of the United States, the same shall be filled forthwith by the Governor, who shall have power to appoint to fill such vacancy some suitable person possessing the qualifications necessary for Senator. The person so appointed shall hold office until the next regular election of State Officers, when such vacancy shall be filled by the election of a Senator who shall hold office for the unexpired term.

Sec. 2. Repeal. That said original Section 2279, Revised Statutes of 1913, is hereby repealed.

Approved, April 25, 1917.

CHAPTER 40.

(Senate File No. 159.)

[Introduced by Mr. Albert.]

AN ACT to amend Section 2429, being Section 9 of Chapter 21 of the Revised Statutes of Nebraska, and to repeal said Section as now existing.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 2429 being Section 9 of Chapter 21 of the Revised Statutes of Nebraska, be and the same is hereby amended to read as follows:

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