There is also a wide variation among States in the vote neces sary at a primary to constitute a choice. Where more than two candidates are usually on the ballot it is evident that the leading one may not always have a majority. Most of the primary laws of the United States provide merely that the candidate with the highest number of votes is nominated. This method, however, may allow a minority candidate to win in case several majority candi dates divide the majority vote between them. It also may keep good majority men out of the race for fear of creating a split that would give an undesired candidate the nomination. To obviate this defect a number of States, especially in the South, where a victory in the primary usually means a victory in the election, require an absolute majority to win, and, if no candidate has this, a "run-off primary" between the two highest candidates is held a few weeks after the regular primary. Two States in 1928, Alabama and Florida, used a system of preferential voting, the voter designat ing second choices as well as first. If a candidate had a majority of first choices, the election was thereby decided, but if no majority appeared, all but the two highest candidates were dropped and the second choices were then added, the candidate having the highest number of both winning. Indiana, Louisiana and Minne sota at one time had preferential voting but abandoned it. In Indiana if no candidate received a majority in the primary, the nominee was chosen by a regularly constituted State convention.
In Iowa the same procedure takes place if no candidate receives 35% of the votes in the primary. Just as under the convention
system a defeated candidate may start an independent movement, so in most States a candidate defeated in the primaries may seek election as an independent. In Wisconsin, where the real contest is between factions of the Republican Party, this is often done. Maryland, Oregon and California do not permit it while several other States permit it only under certain restrictions.
Non-partisan primaries are held for some offices in which the candidates are nominated without regard to party lines. Twice the number are nominated as there are offices to be filled at the election. Non-partisan primaries originated in municipal elections where national and State party lines have less significance. In 1928 North Dakota and Wisconsin had non-partisan primaries for all cities, Minnesota and Utah for cities of the first and second class, and certain other States for cities under home rule charters, or under the commission or city-manager forms of government. County officers in three States are elected by non-partisan prim aries, and Minnesota, since 1913, has chosen its members of the legislature this way. In 12 States in 1928 judges were chosen by non-partisan primaries, a practice in line with the growing move ment to take the judiciary out of politics. Non-partisan primaries do not, however, do away entirely with party politics for parties generally openly endorse their favoured candidates. On the other hand, where the local vote is non-partisan national parties have difficulty in maintaining effective local organization.