The morning call., 1892-09-26
OPINIONS THAT CONFLICT
Rights Of New Parties Under
the Law.
HART'S VIEW OF THE LAW.
Secretary Of State Waite Says the Non-P ar
tisans Are Entitled to Rseog-
nition.

The ve3ed question regarding what
parties and candidates have legal right tC
a place on the new ballots has ELECTED q
long opinion from Attorney General Hart
on the subject
In letter to Secretary of State Waite the
various points raised are considered under
nine heads.
Perhaps the most prominent at present Is
the question as TO parties, and the Attorney
Generals finding on this head is:
Seventb-Tbe only parties entitled to headiGg
en- tie Stale or general ticket 81 In'~ election
are: Regular Republicans ticket (stragh regular
Democratic ticket (stfalghO, regular fIonibltlon
ticket (straigh0, and no others.
The other points considered are: First
This is to be a general election and the gen.
eral ticket should contain the names of the
following nominees:
A-Presidential electors.
B-Congl essmen for the district where the
C-Senator and Assemblyman for the Sena-
toTial aud Assembly district In which the ballot
is cast
county OF san Francisco, county and township
Flu the city ana county of San Francisco the
officers mention IN hrst second and thirO SUD-
divisions hereof Ouly.
Second-In the city and county Of San
Francisco the municipal ticket should con-
tain all nominees for city and county officers
(nOt including candidates Tor the Senate
and Assembly, and no others.
Third-Ihe general ticket shall also con-
tain each constitutional amendment or other
question to be voted upon in q separate line
in order that the electors Of the State may
vote for or against such amendment or other
question.
Fourth-There is no law requiring the
printing upon the municipal ticket OF the
Congressional. Senatorial or Assembly dis
tricts and the numbers thereof, and it would
be improper to print them thereon.
Fifth-N nat parties Ct candidates are en-
titled TO heading on the State or general
ticket?
This is considered at length having regard
to the sections Of the code and the recen.
opinion rendered by Judge Currey.
The latter 10 tile effect that other parties
than those which have hitherto Dolled per
cent OF The total votes cast have right 70 a
place on the ticket he alleges 10 be depen-
dent upon sections 11S6 ana 1lS7 OF the
Political Code. which he declares are over
ruled by section 1877. the latter being in con-
6ct but to be given precedence, as IL is
numerically subsequent
SiXth-It IS thus plain to MY mind that
the People party, so called, Is not entitled
10 a heading Oh the State ticket, and 10 i1-
seTt one might invaldate The whole ticket.
II the s0-caled Peoples party nominees OBJ
tain sigueIs amounting 10 per cent Of the
voters It's nominees would be entitled to be
inserted on the ticket in their Tespecty G
places and following their names the words
" Peoples Party" TO designate their pTnei-
pies, and then if al this election their can
didates should receive 3 per cent Of the vote
cast at this election It would be created a
political party, entitled to call a convention
two years bence for the purpose OF D0ml-
mating candidates in accordance with the
provisions of sections 1856 and 11S7 That
Is 10 say, the vote at this election OF pei
cent for their candidates and uarty would
establish II as political party entitled TO a
heading on Tie ticket at the next election.
and it is only in this way that new pOti-
Cal party can be created.
Egbtb-Ail nominations made by certifi-
Gates or conventions for Assem- blymen, Sen
atOrs and Congressman and for county Of
fcers outside Of San Francisco by so-called
parties other than the three above are not
entitled TO a heading on the general
ticket, but must be entered on the ticket
IN their respective Places, as follow:
John Smith. NOn-PaTtsan,
John Doe, Peoples party,
And so on, none OF whom would be entitled
70 heading on the general ticket. You
can readily see that the nomination of John
Smith (Non-PaTtisau), for the Assembly en-
tered on he general ticket with head ne
would have the effect of misleading the
voter who voted for the heading, for he
would lose a vote for all other officers but
John Smith, Assemblyman, and this would
be fraud Oh the elect0r.
Ninth-CouBty Clerks OF the various
counties of this State and the Registrar OF
San Francisco have no right to have printed
heading on the general ticket other than
is certified by you, and you ought not, under
the law, to certify any headings for ticket
other than the three above spec fed.
The opinion concludes: II you give a So
called party heading when it is not en-
titled to it all votes cast for such a heading
would be lost and Of no effect and might
lnvalidate the whole ticket. Asa matter of
fact the so-calied party heading at the tor
Of the ticket is an American idea and not
In accordance with the Australian ballot
system. Respectfully submitted.