Washington State journal and Adams County news. [volume] (Ritzville, Wash.) 1906-1907, 1906-10-24

4
be decisive of the matter in question,
we shall not consider the other six.
Section 1859, Ballinger's Code, pro-
vides: "Should any person so nom
mated die before the printing of the
tickets y or should any certificate
of nomination be or become insufficient
or imperative from any cause, the
vacancy or vacancies, thus occasioned
may be filled in the manner required
for original nominations. Ii the orig
inal nomination was made by "A party
convention which had delegated to =
committee the power to fill vacancies.
or by primary election, the committee
of the political party he represents
may upon the occurring of such va
cancy, proceed to fill the same. The
chairman and secretary of such COM
mlttee shall thereupon make and file
with the proper officer certificate
setting forth the cause of the vacancy,
the name of the person nominated, the
Office for which he was nominated. the
name of the person ful whom the new
nominee Is 10 be substituted, the fact
that the committee was authorized to
fill vacancies, and uCl further iNior-
nation as is required to he gllvu in IN
original certificate of nomination. The
certificate so made shall be executed
in the manner prescribed for the
original certificate of nomination. and
shall have the same force and effect ms
an original certificate of nomination.
When such certificate shall be filed
with the secretary of state, he shall,
in certifying the nominations the var
ious county clerks insert the name of
the person who has thus been nomina-
ted to fill vacancy in place of that of
the original nominee " /" #.'
We are of the opinion that the refus-
al by the county clerk to have the
names of the candidates nominated by
the county convention held on August
q printed on the official ballot was, in
effect, to hold that the certificate of
nomination was imperative under the
statute. If the first certificate became
imperative, it follows, under the pro-
visions of the statute, that there were
vacancies to be filed. These vacancies
were filled in the manner prescribed in
section 9, and no reason is perceived
why they might not be legally filled by
the proper political committee by the
nomination of the same candidates.
AS the convention which nominated
the candidates in the first place had
made no provision for the filling of
vacancies, and there was not, under
the statute, sufficient time to fill such
vacancies by the original political au-
thorities who made the nominations
in the first instance, the vacancies
could be filled only by regularly
elected general or executive committee
representing the political party or per-
sons holding such convention, meeting
or caucus.
'"The petition shows sufficient grounds
for the allowance of the writ. To hold
otherwise would place it within the
power of the officials charged with the
duty of printing the ballots, to dis
franchise, for all practical purposes,
great number perhaps IA majority of
the legal voters in their counties, for
while the voters might write upon the
ballot the names of those for whom
they desired to vote, still large body
of electors could not be expected to do
this, or even to know with certainty
the names of all the candidates.
We therefore hold in accordance with
the authorities above set forth, that
the certificate of nomination filed Octo-
Der 20. 1906, by the Democratic Cen
tral Committee, nominating j. H.
Perkins to fill the vacancy on the
original certificate of nomination of
the Democratic party caused by said
Perkins failing to file his proof of
qualifications on time, was a valid nom
ination of said Perkins, and that his
name should accordingly be placed
upon the official ballot AS the regular
Democratic nominee for county super
intendent.
Very truly yours.
JOHN ID. ATKINSON,
Attorney General.