Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1898-10-27
AGAINST ROOSTER.
DEMOCRATS MAY LOSE THEIR
PARTY EMBLEM.
The State Committee Failed to File an
Emblem, and Attorney General
Bishop In an Opinion Says
They Can Use None.

oversight, failed to file the party EN-
blem, which is described as a rooster
in defiant attitude The Democratic
state convention adopted the rooster
as an emblem, but the state committee
through an oversight failed to file it
with the secretary of state, hence, that
officer certified the Democratic state
ticket to the clerk without an emblem.
State Chairman Moyle of the Demo
cratic party, when the oversight was
discovered, instructed the various
county clerks to certify the rooster as
the party emblem in the various coun-
ties, which has generally been done.
The contention seems to be, however,
that county officers can not certify to
state ticket, hence, if cross was put
up by the rooster, it would not count
for the state ticket of that party. This
question was raised by the county
attorney of Garfield county, who asked
Attorney-General Bishop for an opin-
ion, which was rendered as follows:
The certificate of the secretary of
state to the county clerk of your
county, in which he certifies the names
and description of the candidates nom
mated by the Democratic state conven-
tion, does not contain any party en-
blem.
"The certificate of nomination, filed
by the officers of the Democratic
county convention of your county, filed
soon after said county convention and
within the time prescribed by law, does
not contain any reference to a party
emblem.
Subsequent to the filing thereof,
and, but recently, the officers of the
Democratic county convention, of your
county, filed with the clerk of your
county, a second certificate, in which
they certified that the said county con
vention did adopt and designate
party emblem. 1t also appears that the
chairman and secretary of the state
Democratic convention in filing the
certificate OF nominations of said con-
ventton with the secretary of state,
did not certify that said convention
adopted any party emblem whatever.
Upon these facts you ask to be ad-
vised whether the clerk of your county
is authorized, in law, to place a party
emblem, and have the same printed,
upon the Democratic ticket in your
county.
"Section s23 Revised Statutes, in pro-
viding what the certificate of nomina-
tion shall contain provides among
other things, as follows: The certifi-
cate of nomination which shall be in
writing, shall contain the name of the
office for which each person is nomi-
mated, the name, postof1ice address, if
any, the residence of each person, and
if in city, the street, number of resi-
dence, and place of business, if any,
and shall designate in not more than
five words the party, which such con-
vention or committee represents. 1t
shall be signed by the presiding officer
and secretary of such convention or
committee, who shall add to their sig
natures their respective places of resi-
dence and post office addresses. and
make oath, before an officer qualified
to administer the same, that the affi-
ants were such officers of such eonven-
ton or committee, and that said cer-
titicates and the statements therein
contained are true, to the best of their
knowlege and belief.
I'm section S36, Revised States, relat-
ing to the emblem or design it is pro-
vided: 1T shall be lawful to designate
the political party or group of petit
tions as the case may be by an appro-
pirate emblem or design such as a flag,
eagle, rooster. or other device, as may
be set forth in the certificate of nomi-
nation; provided that no two sets of
nominations shall use or have the
same device, and that such political
party or group of petitioners shall
have the prior right to use the device
used by it at the last similar election.
Each list of candidates for the several
parties and groups of petitioners shall
be called ticket and be placed in
separate column on the bollot in such
order as the authorities charged
with the printing of the ballots shall
decide. The columns containing the
| list of candidates, including the party
name and device, shall be separated by
heavy parallel lines.
"Under these provisions | think it
clearly appears that the duty of the
county clerk, in making up the tickets
and getting the same printed is purely
ministerial, and he has only to follow
/ the certificates of nominations made to
him by the secretary of state, or filed
with him by the presiding officer and
secretary of convention held by a
political party of his county. or some
! lesser political division: that II the GER
tificate transmitted to him by the sec
retary of state fails to recite the
adoption or designation of party em
blem or sign, he would have no
authority, in law, to place any emblem
or sign at the top of said ticket.
Nor would such defect be cured, in
my judgment, by the recent filing of a
new certificate covering that point
and. in no event. would the clerk be
justified 10 placing an emblem adopted
| by county convention at the head of
| the state ticket, as that would operate
| to designate the politics of candidates
nominated by a convention wholly diff
| ferent from the Que from which tho
certificate emanated. This would be
clearly the exercise of an authority
not possed by them
PASSED THE CENTURY MARK.
/ 1saI