The Fargo forum and daily republican., 1906-03-05
PRIMARY
EE ON
Tomorrow Ii Day Fixed But Law win
Not Be observed III
Fargo.


Tomorrow is the day fixed BY law
for the holding of municipal primary
elections in cities of population Of Io,A
600 or over The new law will not be
observed in Fargo and there Wilt not
be an election here tomorrow. II (. 7,
Asa result Of the stand taken BY the
city officials on the primary election
law, the city will be gamer By about
5000, the estimated cost of holding a
primary election. Il x & 5,5S
The opinion of the city attorneys on
the primary election law and on which
the city auditor based his action ii not
making preparation for the holding of
a primary election will be presented at
the meeting Of the city council tonight.
1t is as follows
Fargo, N. ID. March 3, 1000 III. j.
Gibson city auditor, Fargo, M. d,
Dear Sir: The mayor requested me
to give. you my opinion with reference
to- the necessity Of your Office printing
any ballots for the primary election to
he held on Tuesday next. nnder the
primary election law. s5
The object Of the statute is to romin-
ate party candidates for the city Offices
To be filled at the general election, and
aspirants for any such nomination must
file their petitions, verified as provided
in Section s of the Act.
Section 10 of the Act, provides that
The names of all aspirants for nor,iirl-
alton 8of each political party or prirl-
|cfple. for the different Offices. shall be
arranged I'M separate groups In their
order on separate ballots under a proper
political designation leaving one or more
blank lines or spaces below each group
of names, I'm which may be written oi.
placed a name or a printed sticker. att
tached for the nomination of the ean5
didate.'
Section provides that a candidate
may be terminated BY having his name
Written or by printed sticker placed in
the blank line left for that purpose I'M
derneath the group in each official po-
|sition. II
The groups mentioned IN these sec
tiOns is a group Of candidates who have
filed their petitions as provided in Sec
tion 5, and it does not seem TO be the
Intention of the act that party nomirlaA
tons shall IN the first instance be made
at the polls by printed stickers or writ
ten names. I'm order that printed stick
ers or written names shall be used, there
must be a group Of candidates first
dominated BY petition, then if the voter
is dissatisfied with any candidate, he
may vote for any person he sees fit.
Tn my judgment, if no petitions, such
as are provided in section s. are filed
in your office, there are no ballots which
YOU can make up as provided in section
Ioaof the act. and conse equently no bal
lots to be printed, unless, under the
provisions Of section I2, such nonlina-
ton shall be made by the regularly con-
stitnted committee of the party prior
to ishe printing of the ballots,
There is, therefore, in case no petitions
have been flied iii your office and no
such committee nominations have been
made, no basis upon which you can pre-
pare or print any ballots for the pri-
mary election. and nothing upon which
voters could act upon such primary
election, and in my Judgment YOU are
nor called upon to print any ballots ul-
| It'll nominations have been filed in your
office as provided in sections or IL Of
| the act al.F ,33l ,a'5
Seth Newman, City Attorney.