The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-01-26
ONCE ON a BALLOT
NORTH DAKOTA,S ANTI-FTSION LAW
MAY BE TESTED IN COURTS.
Leaders of Democrat and POpulist
Parties Object to It's ProvlsiOns-
Candidates Can Represent Only
One Party ON the BallOt-Opening
of the Senatorial Fight.

Bismarck, N. D., Jan. 21-The Demo-
cratic and Populist leaders throughout
the state are soliciting funds with
which to bring test case Of the anti
fusion law, passed at the last session Of
the state legislature. The law makes a
number OF changes in the form Of the
official Australian ballot, to be used at
all elections, and the provisions, especi-
ally repugnant to the Democrats and
Pops. are those affecting the right of a
candidate to appear on the ticket as a
candidate of two or more parties. In
the past there has been no limit placed
on the number of times the name of a
single candidate could appear. In past
state elections some candidates for Of
fee have appeared as Democrats, Pop
ulists and again as prohibitionists, be-
ing In three places on the ticket. The
votes for the candidate, received under
each party designation, were added, as
the total number of votes cast for the
candidate. It was to prevent this fire.
Quent appearance OF names Of candi-
dates on the ballot that the anti-fusion
law was passed.
The law provides that any candidate
who has been nominated by more than
one political party, must elect under
which party heading he desires his
name to appear, and notify the secre-
Tor nf or OF in,
ton of the official ballot. His name
will then be placed under the party
heading elected by him, and can ap-
pear in no other place on the ballot. If
this law holds, it will minimize the
chances Of the Democrats and Pops to
elect candidates, as fusion, on the Of
fetal ballot, at least, will be an I'M
possibility.
The leaders of the Democrats and
Populists will oppose the law, claiming
that it is unconstitutional, as abridging
the rights of the candidates of those
two parties. They claim that it is the
right of any political party to nominate
whatever candidates it pleases, and
that no authority exists under the law
off the ticket. If the anti-fuslon law
were enforced, and the Democrats and
Populists should nominate the same
men in separate conventions, one set Ct
nominees must be kept off the ticket,
which would be an illegal and uncon-
stitutional proceeding. They take heart
from a recent decision of Pennsylva-
MIA court, which has declared an anti
fusion law illegal.
Should the law be upheld by the
courts, there will be move made to
lutely, for election purposes. This will
not be accomplished without trouble as
there are many old-time Democrats who
will refuse to enter into a party orga-
nization with the latter-day Pops, and
there are many of the Populists who
will refuse to enter into an alliance,
political or otherwise, with the Demo-
Gratis.
There is especial interest in the anti
fusion matter at this time, as some Of
the Democrats and Populists believe
that the present strife among the Re-
publicans will afford them an oppor-
tunity to slip into state offices as they
did in the fall Of 1893. They are there
fore anxious that there shall be no le
gal obstacle to their fusion, and secur-
ing as many places on the official ballot
nOccihlo