The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-11
THE SCHOOL ELECTION.
OPINION AS TO HOW IT SHOULD
BE CONDUCTED.
Deputy Attorney General Smith
Holds That the Wards Must Be
Divided Into Voting Precincts, as
In the City Election-Not Likely
to Be Adopted.

In response TO a question Dy JOHH H.
Park, state superintendent of public
instruction, Deputy Attorney General
Benner x. Smith yesterday gave out an
opinion relating to the division of the
city into voting districts and the num-
bers of booths required in the coming
school election.
Mr. Smiths opinion is that the city
must be so divided into districts that
each one will contain not more than
800 voters. AS many of the present
voting districts have a larger registra-
ton than this, it is considered likely
that the school board will take issue
With the attorney general upon this
question AS the law of '96 provides
that no change can be made in this
respect within 90 days of the time of
any election, it is believed TO be i'm
probable that the view of the attorney
general will hold. The scheme of a
new division into voting districts would
have the further disadvantage of re-
curing a large expenditure of money,
matter which is likely to meet with
the opposition of both the board of
education and the county commission
ers.
In full. the opinion is:
I'VE are in receipt of your favor of
the 2nd instant, asking the following
questions in reference to school cleo
tons in cities of the second class.
will you please inform me if it is
required to have voting booths in
school elections? Also is it required
to have a voting district for every 300
voters, as in the city elections or will
the law be complied with if the voting
be by Wards,-that is, a voting dis
trict and a ward being synonymous so
far as the school election is con-
cerned?"
Replying thereto, would say, that
we find in section I, chap. 10, page 143
of the school law of 1897 that elections
for the members of the boards of
education shall be called and con-
Quoted and the canvass of returns shall
be made and the qualification of cleo
tors shall be as provided in the gen.
eral registration and election laws, eX-
cept as in section I provided. 1t also
provides that there must be at least
one voting place in each municipal
ward. Then follows certain provisions
changing the manner of carrying on
the election kind of ballots and envel-
opes to be used from that provided in
the general election law. The same
section vests in the board of educa-
ton such powers relative to school
elections as are exercised by the board
of county commissioners in other cleo
lions.
The board of county commissioners,
under subdivisions 2 and of section
II, page 521 of the laws of 1896, being
| the county government BILL are author
lied to divide the county into election
districts and to abolish or change the
same, appoint inspectors and judges,
canvass the election returns, declare
the result and order the county clerk
to issue certificates thereof
In the general election laws, section
10, page 191 of the laws Of 1897 certain
provisions are made for the designation
by county commissioners of polling
places for each district and the fur
nishing thereof, and for voting booths
or compartments for the use of the
voters. This section provides, further,
that there shall be no less than one
booth or compartment for every 30
voters who voted at the last election.
1t further provides, that, Eat the times
now prescribed by law and in each
year hereafter, the officers charged by
law with the division or alteration of
election districts shall alter or divide
the existing election districts whenever
necessary. in such manner that each
election district shall contain not more
than 300 voters.
These provisions of the general cleo
ton law as to booths, and the number
of voters in each election district are
not within the exceptions of section I,
page 143 of the laws of 1897, above re-
ferred to.
The language of these two acts, the
general election law, and the law in
reference to school elections when read
together seem to leave no doubt as to
the answer to your questions.
Section Z, of the school law, requires
that such elections should be carried
on under the general laws, except as
therein provided. The law further pro-
viding that there shall be at least one
voting place in each municipal ward,
would indicate, when taken in cOnnec-
ton with the provisions Of the general
law, that the legislative intent was to
require in any event, one voting place
in a municipal ward for the reason
that the several members of the board
of education We're elected from their
several wards in which they reside.
The language does not indicate that
the Legislature intended, in wards hav-
ing over 800 voters to do away with
/ the provisions of the general election
law requiring an election district for
every 300 voters.
L would advise you, therefore, to di-
vide the municipal wards into election
! districts containing not more than 300
voters each, having at least one voting
place in each municipal ward; that
booths be provided and the election
carried on in all particulars as pro-
| vided by the general election law, only
! deviating, however, as is indicated in
section T. of the school election law
I have the honor to be, Very res
pectfully yours,
A. c. BISHOP.
Attorney General.
/ By BENNER X. SMITH.
/ Deputy.
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