The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1906-02-08
THAT HONEST ~ CAUCUS LAW
Attempt by Machine to Disfranchlse
Independent Voters
Special to the Sioux Falls Press.

dllOInCy vi ltODClto Nculh1 bONoJ ~
ceived the following opinion on the
validity OF the new caucus law from
Attorney General Hall:
State of South Dakota, attorney gen.
erals Office, Brookings, $. D., Jan. 26,
1906. Frank McNulty, states attorney
Sisseton, S. ID. Dear Sir: Your let
ter of the 20 inst. received asking fol
my opinion whether sections "A and q
of chapter 107, Session Laws of South
Dakota of 1905, commonly known as
the caucus Law" are constitutional,
and inasmuch as the subject of your
inquiry is of public importance, l will,
in replying thereto, endeavOr to cover
the ground quite fully and cite author.
tiles bearing upon the proposition
1t is an elementary rule OF statutory
construction that unless a statute is
clearly in conflict with the constitu-
ton it should be sustained. On the
other hand, where it appears beyond
reasonable doubt that a statute does
conflict with the constitutions, either
state or federal, it is to that extent
void.
Sections "A and % above mentioned
are a part of an act entitled, San Act
to Provide for the Holding and Regu-
lation of Primaries and Conventions
Prior to the enactment of this law the
holding of primaries and conventions
was under the control of political par
ties and regulated by CUSTOM. This
act takes the control of such primaries
and conventions nj of the hands OF
the political parties to the extent
therein provided and places them I'M
der the control OF the state and pre-
scribes in detail how the caucuses and
conventions shall be conducted, dele
gates elected and candidates nominal
ed, as a part of the general election
system Of the state.
The particular question presented
by your inquiry is whether or not the
legislature has authority to prescribe
conditions upon the right of suffrage
ut these caucuses OIL primaries in adj
dition to those prescribed by the con-
stitution, and whether the provisions
OF section "a are in conflict with the
provisions of the constitution in so
far as said section requires that a voter
III order to be eligible to participate
in the caucus of the party of his choice
S40H hfT'c T0ied for a MaIDj1tY 0f tile caRd-
'3ltcs 0T SUch bayiy at tie last brccciihg
r'oCi10R at 7ghich he 1ofca.
As stated by Justice Elliott, speak
ing for the Indiana Supreme Court, in
Morris VS.. Powell, 9 l.. RIA, 326, 333,
'the right OF suffrage is a political
right Of the highest dignity. 1t is a
right of which, as the courts have de-
Clared, no department of government
nor all Of them combined can divest
the citizen otherwise than in the mode
and to the extent expressly authorized
by the constitution"
Section "A Ofthe act in question reads
as follows: "Any elector who sup
ported and voted for a majority of the
candidates Of any political party at the
last preceding election at which he vot-
ed, and who is a qualified elector of
such precinct, shall be eligible to vote
at the primary of such party. Provid-
ed, that this section shall not prohibit
persons from voting who have not vot-
ed before"
The right OF suffrage in this state is
controlled and limited by the provi-
sions of article 7 of the State Consti-
tuition, section ] Of which reads as fol-
lows: Every male person resident OF
this state who shall be of the age of
twerty-one years and upwards, not
Otherwise disqualified. belonging to Ell
ther Of the following classes, who shall
be q qualified cleCtOr under the laws Of
the territory Of Dakota at the date Of
the ratification OF this constitution by
the people. or WHO shall have resided
in the United States Il year, in this
state six months. in the county thirty
days. and in the election precinct
where BE offers his vote ten days next
preceding any election shall be deem
ed a qualified electOr at such election:
First. Citizens OF the United States.
Second. Persons Of foreign birth WHO
shall have declared their intention to
become citizens comfortably to the
laws of the United States upon the
subject OF naturalization"
The restrictions upon this right are
contained in section &, ID. reading as
follows: NO person under guardian
ship. nOn cDmpOs mentis or insane
shall be qualified to vote at any cleo
ton, nor shall any person convicted OF
treason or felony be qualified to vote
at any election unless restored to civil
rights"
The constitution therefore provides
who may vote and who may not and is
specific and certain in its provisions
in both respects,
"Where the right Of suffrage is fix
ell by the constitution OF a state, as Is
the case in most states, it can be re-
stricted Or changed by an amendment
TO the constitution, or by an amend
ment to the federal constitution, which,
Of course is binding upon the states.
But it cannot be restricted or changed
in any other way. The legislature can
pass no Law directly or indirectly Ell
Their restricting or extending the right
Of suffrage as fixed by the constitu-
ton"
10 Ency. Law, 2nd Ed, 573.
"In short it is not within the power
of the legislature to deny, abridge or
extend the constitutional right Of SUI
irage, or in any way to change the
qualifications of voters as defined by
the constitution OF the state"
18th Cyc., 2S2.
1.-The legislature of a state cannot
add to the qualifications of an ~elector,
as prescribed by the state constitution,
and, OF course, cannot deprive any cit
izen OF any right conferred either by
the state or federal constitution.
Where the constitution prescribes the