Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-07
PRIMARY NOMINEES
ATTORNEY GENERAL FRlcH REM.
4 DERs OPINION 81 ON VOTES
FOR DEMOCRATS

ATTORNEY GENERAL ERICH REM
DERs OPINION ON VOTES
FOR DEMOCRATS
ON REPUBLICAN, TICKETS OR
VICE vERsA---PoiNT RAISED 81
BY GOV. BARTLETT.
The following opinion has been
handed down by Attorney General
Erich, and will prove Of general in
terest: "
. Bismarck, N. D., May 6, 1906.
Hon. David Bartlett, s q.
Cooperstown, N. D.
Dear Sir: I am in receipt of your
favor of May I'd, in which you ask:
"Under our primary law cana
man vote for candidate that is
not on his party ticket.
Can I, as republican, call for
a republican ticket and write or
paste by slip the name of a demo-
cratic candidate FOR the same Of
flee on my ballot? And should =.
the judges count my vote for
such democrat" 49,:
Sec. 9 Of chapter 100 of the SEES
sion laws of 1905, relating to form
of ballot to be used provides:
tThe names of all aspirants for
nomination of each political party or
principal for the different Offices shall
be so arranged in separate groups
in their order, on separate ballots,
under proper political designation,
leaving one or more blank lines OF
spaces below each group of names on
which may be written or placed a
name or a printed stieker attached
for the nomination of the candidate.
No square shall be left at the head
Of the ballot.
At the head of each ballot shall
be placed the title of the political
party or principle that it represents.
* 80 au
''The judges and inspectors of cleo
ton, when handing a ballot to a
voter, shall inform him that he must
vote for the candidates of the politi-
cal party such ballot represents only,
the voter shall call for the ballot
representing the party or principle
with which he affiliates and he shall
secure such ballot and no other
| Section 6 provides:
"a candidate may be nominated
by having his name written on or by
printed stickers placed in a blank
line left for that purpose underneath
the group in each official position. -
Section 20 provides:
The judges of such primary cleo
ton in each precinct shall make a
statement on blanks to be provided
for that purpose, which shall be sub
scribed to by them and filed in the
Office of the county auditor with the
returns as follows: They shall con-
tain the names of all persons voted
| for at the primary election, with the
| number of votes cast for each candi-
date and for what Office.
"a separate statement shall be
made for each political party or
principle
Paragraph l of section. % provides:
First. A statement containing
the names of all candidates voted
for at the primary election with the
number Of votes received by each
and for what Office or position, said
statement to be made as to each poll
tical party or principle separately"
Constituting the foregoing provi-
sions I am of opinion it is the duty
of the judges and inspectors of cleo
ton to give to the voter only the
ticket containing the names of the
candidates for nomination of the
party with which the voter affiliates
That when the voter retires to the
booth he must place in the square
opposite the name of the candidate
for which he desires to vote and
which Is printed on the ballot he
has received, his cross. And his bal
lot cannot be counted for any name
printed on such ballot unless the
square to the right of such name con-
tains such cross.
The voter has a right to write the
! name of any person he desires in the
blank space below each group of
| names, or he may paste printed
sticker on such blank line.
1t is the duty of the judges and
inspectors of election at the close of
the polls as provided in section 10,
to proceed to canvass and place
those of each political party in sep
arate piles" A.
The names voted for on all bal
lots of each party or principle shall
be canvassed as having been voted