13-10-209. Arrangement and printing of primary ballots. (1) (a) Ballots for a primary election must be arranged and printed in the same manner and number as provided in chapter 12 for general election ballots, except there must be separate ballots for each political party entitled to participate. The name of the political party must be printed at the top of the separate ballot for that party and need not be printed opposite each candidate's name.
     (b) Nonpartisan offices and ballot issues may be printed on separate ballots or may appear on the same ballot as partisan offices if:
     (i) each section is clearly identified as separate; and
     (ii) the nonpartisan offices and ballot issues appear on each party's ballot.
     (2) An election administrator does not need to print a primary ballot for a political party if:
     (a) the party does not have candidates for more than half of the offices to be printed on the ballot; and
     (b) no more than one candidate files for nomination by that party for any of the offices to be printed on the ballot.
     (3) If, pursuant to subsection (2), a primary ballot for a political party is not printed, the secretary of state shall certify that a primary election is unnecessary for that party and shall instruct the election administrator to certify the names of the candidates for that party for the general election ballot only.
     (4) The separate ballots for each party must be the same size and color. The stubs of each set of party ballots must bear the same number. If printed as a separate ballot, the nonpartisan ballot must be a different size or color than the party ballots, but the stubs must be numbered in the same order as the party ballots.
     (5) If a ballot issue is to be voted on at a primary election, it may be placed on the nonpartisan ballot or a separate ballot. A separate ballot may be a different size and color than the other ballots in the election, but the stubs must be numbered in the same order.
     (6) Each elector shall receive a set of party ballots and a nonpartisan and a ballot issue ballot if those ballots are printed.

     History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(1), (2), (7); amd. Sec. 69, Ch. 571, L. 1979; amd. Sec. 5, Ch. 298, L. 1987; amd. Sec. 1, Ch. 537, L. 2001.