he desires to vote the straight ticket, shall be defined by heavier lines than the lines defining the blank spaces before the names of candidates, and such circle shall be surrounded by the following words printed in heavy face nonpareil type: "For a straight ticket mark within this circle." Each party ticket shall be separated from other party tickets and bordered on either side by a heavy border, or a broad solid line, at least one-eighth of an inch wide, and the edges of the ballot on either side trimmed off up to one-half inch of the borders or solid line described.

The names of the candidates shall be arranged on the ballot in tickets or lists in separate columns under the respective party or political or other designation certified, each column or ticket containing the names of candidates nominated by the same political party and no others. In elections for presidential electors the names of the candidates for president and vice-president of the United States shall be placed on the ticket immediately following the name of the party, and preceding the names of the presidential electors, and shall be certified to the clerks of the circuit courts by the chairman and secretary of the state executive committee of the political party making the nomination. The names of the candidates on each ticket shall be arranged in groups, with a heading over each group printed in heavy faced brevier type to indicate the political division in which such group is to be voted for. The arrangement of the ballot shall conform as nearly as practicable to the plan here given:

The tickets of the several political parties shall be printed on the ballot in parallel columns, each ticket in a separate column headed by the chosen device, and the tickets in such order on the ballot, and the names of the offices in such order on the ticket, as the secretary of state shall direct, preference, however, being given to the political party which cast the highest number of votes for the head of the ticket at the last preceding presidential election, and so on. No ticket or list of candidates shall be printed under the name of any party containing more candidates for any office than are to be elected.

The ballot shall be so printed as to give each voter a clear opportunity to designate by a cross mark in a large blank circular space three-quarters of an inch in diameter below the device and above the name of the party at the head of the ticket or list of candidates, his choice of a party ticket and desire to vote for each and every candidate thereon; and by a cross mark in a blank inclosed space on the left and before the name of each candidate, his choice of particluar candidates.

On the back of the ballot shall be printed or stamped in black ink the words "Official Ballot," with the date of the election, and underneath shall be two blank lines, followed by the words "Poll Clerks." On one of these lines each poll clerk shall personally write his name in ink.

The state executive committee of each political party shall adopt a party device or emblem for its party, to be printed at the head of its ticket on the ballot, and shall certify the same to the clerk of the circuit court of each county at least sixty days before any election; and the device shall remain the same until changed and certified as aforesaid. No two parties shall adopt the same device, or so near the same as likely to lead to confusion; and in such case the preference shall be given to the party casting the highest number of votes for the head of the ticket at the last preceding presidential election. When a ticket or person is nominated by petition, the petition shall show the device adopted by the petitioners.

In preparing his ballot the voter shall use a black lead pencil and observe the following rules:

First. If the voter desires to vote a straight ticket, or in other words for each and every candidate of one party for whatever office nominated, he shall either:

(a) Make a cross mark in the circular space below the device and above the name of the party at the head of the ticket; or

(b) Make a cross mark on the left and opposite the name of each and every candidate of such party in the blank space provided therefor; or,

(c) Mark out, by lines through all the ticket in the ballot, other than the ticket he desires to vote.

Second. If the voter desires to vote a mixed ticket, or in other words for candidates of different parties, he shall either:

(a) Omit making a cross in the circular space above the name of the party, and make a cross mark in the blank space before the name of each candidate for whom he desires to vote on whatever ticket the name may be; or,

(b) Make a cross mark in the circular space above the name of the party for some of whose candidates he desires to vote, and then make a cross mark before the name of any candidate of any other party for whom he may desire to vote; in which case the cross mark in the circular space above the name of the party will cast his vote for every candidate on the ticket of such party, except for offices for which candidates are marked on other party tickets, and the cross marks before the names of such candidates will cast his vote for them; or,

(c) Write with black lead pencil the name of person for whom he desires to vote, in the space immediately below the name of the opposing candidate for the same office, on the ticket voted by him, and the name so written shall be counted.

If, in marking either a straight or mixed ticket as above defined, a cross mark is made in the circular space above the name of a party at the head of the ticket, and also one or more cross marks made before the name or names of candidates on the same ticket for offices for which candidates on other party tickets are not individually marked, such marks before the names of candidates on the ticket so marked, shall be treated as surplusage and ignored; and the ballot be counted for all the candidates on the ticket thus marked for offices for which no candidate on other tickets are marked.

If the voter desires to votes for any person whose name does not appear on the ticket he can substitute the name by writing it with black lead pencil in the proper place, and making a cross mark in the blank space at the left of the name so written.

If the voter mark more names than there are persons to be elected to an office, or if, for any reason, it is impossible to determine the

voter's choice for an office, to be filled, his ballot shall not be counted for such office.

No ballot shall be rejected for any technical error which does not make it impossible to determine the voter's choice.

(Senate Bill No. 7.)

CHAPTER 22.

AN ACT to prevent corrupt practices in election, to limit the expenses of candidates, to prescribe the duties of candidates and political committees, and provide penalties and remedies for the violation of this act.

[Passed February 25, 1908. In effect ninety days from passage. Approved March 3, 1908.]

Be it enacted by the Legislature of West Virginia:

Sec. 1. The following persons shall be deemed guilty of bribery

at elections and shall be punished as in this section provided.