The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-09-20
PEOPLES PARTY.
1t is Entitled to Recognition at the
Head of the Ballot.
Secretary of State Waite So CONSTITUTES
the Law-He Gives His Rea-
sons Therefor.

The following official communication
from Secretary Of State Waite to Attor-
ney-General Hart explains the formers
position regarding the legal right of the
Peoples party to be named at the head OF
the official ballot at the coming election
Hon. ". II. H. Hart, AttOTney- General
DEAR GENERAL: The interesting question is
presented, and my judgment asked thereon,
whether or not the Peoples party, or any
party relying upon petitions to obtain place
upon the ballot, is entitled to appear in q
single line at the head of the ballot 10 be voted
ior straight, like other parties which cast not
less than per cent. each of the entire vote
OF the State at the last general election. II is
contended, with considerable force, that upon
the presentation to the proper authorities of a
sufhclent number OF bona TIDE petitioners
equal TO at least per cent. of the votes cast at
the last election in the State, county or pOliti-
cal division nominating candidate or candi-
dates for public positions, their names are en-
titled to go upon the ballot III the proper
place. but that no new party can claim the
right to recognition at the head of the ticket,
TO be voted Tor straight, until it has earned
the right by having polled at least 3 per cent.
OF the entire vote OF the State. county or po-
ltlcaI division at some preceding election.
The latter part OF Section 1897 or the cleo
ton law IS cited in connection With Sections
11S6 and 11S7 to sustain this view of the
case. The portion of Section 1197 relied
on reads as follows:
cat the head of each ballot shall be printed
in separate lines the names OF all political
parties which have filed certificates Of nonl-
lnation OF candidates in accordance with Sec
tons 1856 and 1857 OF this code, thus
Regular Republican Ticket tStTaighU.'"
Now, as sections 1lS6 and 1lS7 only take
cognlZance OF nominations made by conYen-
tons, and another SectiOn-namely Section
l1S6-proVides for the nomination of callui-
dates by subscribing electors, 1t is contended
that the latter cannot come in under proper
construction OF the code. and be entitiei TO
az n Fgll 4 Z
straight, even If they properly presenta cunCl-
GATE FOR every Office.
After an examination OF the ballot law. and
some thought, / cannot agree TO this opinion
Section 1lSS reads as follows
sl1SS. A candidate for public Office NAV
be nominated otherwise than by a convention
in the manner following: y certificate OF
nomination containing the name Of the c;lndi-
date TO he nominated, with the other iEforna-
ton required to be given in the certificates
provided for in Section lis of this code shall
be signed by electors residing within the dis
triet or political division Tor which candi-
dates are to be presented, equal in number TO
at least tive per cent OF the entire vote cast at
the IaSt preceding election III the stale, dis
trict or political division for which the nom
inatiOn IS 10 be made. Said signatures need
not AL be appended to one paper bat each
slgner shall add To his signature his riace of
residence, 81 wing the street and number when
he resldts III city. one OF the signers of
each such certificate shall swear that the
statements therein made are true TO the best
of his knowledge and belief, and q certificate
of such oath shall be annexed. Such q. certiti
cate when made as above prescribed, Shall
have the same effect as a certificate of nOml-
nation made by party convention
W hile the phraseology OF this section seems
somewhat to indicate that only candidates.
for local purposes were meant the scope OF if
is not restricted, because the right to nomi-
nate one in the manner DESIGNATED is the
right 10 nominate two or many to the extent
OF q full ticket, and when such q ticket is pre-
sented and demand made Tor recog milton as
q iull-ngdged party, all the forms OF law hay
ing been complied with, who shall deny it?
Who shall deny to such q party, represented
by petltlOnlng electors, oil the rights that any
other party has, among others that OF being
voted for straight in a designated space at the
top of the ballot? The latter part OF the see
ton just quoted says that certificates of
shall have the same effect as those mace bv
party conventions" Does not this mean that
nominations thus made snail be entitled to
every political privilege enjoyed by the most
favored? That such nominations are to oc-
cUpy no inferior position on the ballot seems
to be clear for several reasons.
Section 1889 states what certificates Of nom
nations shall be certified TO the Secretary of
state. This year the certificates are to be for
Presidential Electors and members of Con-
gress. Now, Section 1892 says: "Certifi-
Gates of nomination required to be filed with
the Secretary of state snail be filed not more
than sixty days and not less than forty DAYS
before the day fixed by law for the election of
the person in nomination, when the nonina-
ton is made by a convention, and not more
than sixty days and not less than thirty days
before the day OF election, when the nonlina-
ton is made by electors, as provided in Sec
ton HISS of this code"
Thus it is plain that the law contemplated
nominations by subscribing electors equal to
an entire ticket ana the inauguration of q DO
litical party. 1t provides for the presentation
to the Secretary of State of full complement
Tor q State ticket.
When that ticket is in coTnplianca with
law, certified to me, l call your attention 10
Section 1913. wherein you viii see that the
Secretary OF State cannot suppress any nomi-
nation duly lied, nor any part thereof but
must, as required in Section 1913, certify the
same to the County Clerks Of the various
counties.
nance, / think, with the views of the courts
in the past which have held that a liberal
construction to conserve the rights of the cfti-
zen at the polls, where government by the
people is Sacredly involved. is the proper one
To make. The courts have always been care
full to ignore lnformalities and technicalitles
to secure TO the voter his sovereign rights
1t seems to me the new ballot law imposes
sufficient hardshlps upon any new party
seeking recognition, In that it requires 9
per centum more .petitioning electors to OBJ
tain such recognition than an old party OBJ
tanned votes at a preceding election besides
the greater labor of obtaining them on paper
Was not this hardship imposed as a partial
bar to the easy multiplication of parties by
piece" clubs and other organizations which
modern politics have engendered? Does not
all this mean to say to q new party or organi-
Zatlon, "Overcome these difficulties and Won
shall be on AN equal level with any old party
in existence?' think that is the true intent
and purpose.
/ have held that the Prohibition party.
though casting barely 3 per cent. OF the Vote of
the State at the last general election is en-
titled TO all the rights and privileges on the
general ballot of either Of the greater parties.
1t seems to me quite certain that the Peoples
party, SO called, viii Develops much strength
at the November election as the Prohibition
party. If 1t overcoIneS all the odds against it,
and, by compliance with the election laws
wins recognition, can see no reason for deny
ing it rights equal to those of any party more
highly favored. Very truly yours
Z. O.. WAITE, Secretary of State.
Sacramento, September 19, 1892.