Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1906-04-13

The North Dakota primary election
law at section provides that a petit
ton signed by five per cent Of total
vote cast for the party which it rep
resents" etc, and therein provides
that said petition shall be presented
to the county auditor and upon the
receipt of such petition and the pay
ment to him of an amount equal to
6 two per cent of annual salary" etc,
the county auditor shall file the same.
In the case of the state VS.. Drepel,
105 N. w. ia, the supreme court of
Nebraska in constituting clause which
provides for the payment of one per
cent of such salary, among other
things says: X
The more serious objection to the
law, as we view the act as a whole, is
the requirement of section with
reference to the fees to be paid by
those who become candidates for
Office at the primaries therein provid-
ed for. 1t is declared that the fees
to be paid for filing nomination papers
t'shall be computed at / per cent of
the emoluments authorized by law for,
the Office to which such candidate as
pires during the term for which he
would serve if elected. * 80 1t
is to be observed that the amount thus
required to be paid before one can
have his name submitted to the voters
at such primary is fixed arbitrarily
and wholly regardless of the value Of
the services performed in filing the
nomination papers. A person aspir-
ing to be nominated for clerk of the
district court would be required to
pay perhaps 5000; a candidate for the
nomination of county clerk probably
$40; other candidates for county of
fees different sums, ranging between
the two extremes. Is it competent for
the legislature to impose burdens of
this character on those desiring to
become candidates for public offices,
the nominations for which come with
in the provisions of the primary law
Can test of ability to pay fees of
the magnitude mentioned be made as
to ones right to be voted for at a.
primary election? It is at first glance
apparent that these enormous fees
prevent many from becoming candi-
dates for party recognition who other
wise would be willing to yield to
public demand that they become can
didates for nomination for a public
office. 1t is said the fees required to
be paid in the manner stated are for
the purpose of defraying the expenses
of the primary. It is not SO stated in
the act. 1t is expressly provided the.
expenses of the primary are to be paid
out Of the public treasury. It is not,
therefore, required of us to pass upon
the question of the power of the legis-
lature to require those submitting
their names to be voted for at prim-a
airy to pay the expenses thereof. 1t
appears from the act itself that there
is no relation between the charges
made for filing nomination papers, as
therein provided, and the expenses in
cfdent to a primary election, nor to
the value of the services rendered in
filing such papers. The charges are
arbitrary and unreasonable. They
make the pecuniary ability Of person
to pay the same a test as to his quali-
fcation to become a candidate for a
party nomination The law is as OBJ
jectionable as if the test was based
on property qualifca ton, or the.
amount the elector had contributed to
the public revenues The primary
election contemplated in the act may
not in and of itself be an election
within the meaning of the constitu-
tional provisions which guarantee that
sall elections shall be free; and there
shall be no hindrance or edimentI
to the right Of a qualified voter to-
exercise the elective franchise / Sec
ton %, art. 4, Const At is however,
q means To- an end. It is a part Of the.
election machinery by which is de-
termined who shall be permitted to;
have their names appear on the Of
fetal election ballot ais candidates for
public office
To say that the voters are free to-