Statute 25-212: Arrangement of names on ballots; rotation.
In case there are nomination petitions or declarations of intention to
become a candidate on file for more than one candidate or for more than one
pair of candidates for governor and lieutenant governor, of the same party
for any national or state office, the secretary of state shall divide the
state or appropriate part thereof, into as many divisions as there are
names to go on such party ballot for that office. Such divisions shall be
as nearly equal in number of members of such party as is convenient without
dividing any one county. In making such division the secretary of state
shall take the alphabetical list of counties in regular order until the
secretary of state gets
the required proportion of party members of such party based upon the party
affiliation lists as shown by the certificates of the respective county
election officers, and so on through the list of counties until the secretary
of state gets the
proper proportion of party members in each division. The secretary of state
shall also take the alphabetical list of candidates or pairs of candidates
in regular order and in certifying to the county election officer the list
of names for whom nomination petitions or declarations of intent to become
a candidate have been filed, shall place one name or pair of candidates at
the head of the list in the first division of counties, another in the
second division, and so on with all the candidates for any particular
office, so that every candidate or pair of candidates for any office shall
be at the head of the list in one division of the state and second in
another division thereof, and so forth. When, in the case of candidates for
the office of congressman, district judge, district
magistrate judge,
state senator, state
representative or state board of education member, the secretary of state
finds that the secretary of state cannot get a fair
proportion of party members to give
each candidate for congressman, district judge,
district magistrate judge, state senator, state representative or state
board of education member in any given district an equitable or fair opportunity
to have the candidate's name first on the ballot in the
respective counties of
the district, the secretary of state shall order the
county election officers in the various counties of the district to rotate
the names of the candidates for such district offices according to
precinct. If voting machines are used the arrangement of names of
candidates or pair of candidates for all offices on the voting machines
shall be rotated, as near as may be, according to precinct.
The arrangement of the names certified by the secretary of state shall
govern the county election officer in arranging the primary election
ballot, and the county election officer in preparing the ballot for such
officer's county shall follow the same arrangement as
provided in this section for
the 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 (Special
Session); 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.