The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1907-04-22
ELECTION LAW PASSED AT PRE-
vloUs SESSION or DOUBTFUL
CONSTITUTIoNALiTY.
CRITICISED BY EXPERTS
As Violating Secrecy Of Ballot and
Exceeding Power--Mcve to
Amend to Avoid Decision by
the Supreme Court.

INC pd.t VI SpououiS VI lHS piluldi
election law adopted at the special
| legislative session of 1906 that tho
supreme court will hold in unconst
tutional probably will result in sew,
eral amendments to the statute be
fore the forty-fifth general assembly
adjourns.
1t has been the opinion OF many
legislative lawyers for some time that
the act of 1906 is unconstitutional and
when the rumor was circulated OH
Thursday that the supreme court had
handed down an adverse opinion re
specting it there was little surprise.
Criticise Three Sections.
Three provisions Of the law which
house members say ought to be
amended at once in order to meet OBJ
jections, which, it is feared, may lead
the supreme court to nullify it, are
as follows:
Section "a. Any person desiring
to vote at primary election shall
state his name, residence and party
affiliations to the primary judges,
one of whom shall thereupon an
nounce the same in a distinct tone
of voice sufficiently loud to be heard
by those present in the polling place
Section 2. The county central
commit ee of each political party
f. toll Oh 1p'n To
districts in their respective counties
on or before the third day Of July, A..
D. 1906, and on or before the first day
of March. A. D. 1909 and every four
years thereafter.
Section So When a vacancy shall
occur in any elective office and a
special election shall become neces-
sary to fill the same the managing
committee of the several political par
ties for the territorial area in which
such vacancy occurs shall nominate
the candidates or candidates for the
respective parties to fill such va
It IL pointed out that section 54
violates the principle of the secrecy
of the ballot and that the same pro-
vision has been declared unconstitu-
tional In other states. Section 2 Is
criticised as comforting legislative au-
thority upon managing committees of
political parties, as does section SO,
which authorizes managing commit
tees to make nominations to fill va
Many other objections are
made to the law. II is claimed. for
Instance, that the act is unconstitu-
tional in that it discriminates be
tween state, congressional and sena
.orial candidates on one hand and
candidates for county offices. clerks |
Of the appellate court, members of
The state board of equalization, sani- |
tary trustees and such municipal Off |
GERS as may be elected in the fall on
The other.
Claim Flaw in instructions.
The law provides for majority |
in all cases. but legal in |
apply only to delegates 10 !
state, congressional and senatorial |
That is to say, dele |
gates are legally instructed TO vote |
ior at least one ballot for the candi- |
lates for a state, congressional or
legislative office who receives plu- |
'ality of the vote cast in their dele !
gate districts. instructions with re-
'pect to all other offices are mora"
nerelq. They can not be enforced
Expert opinion as to what is con /
,titutional ana what not has fallen |
,elow par at Springfield with respect |
q the p. imary election law. Many |
good legislative lawyers l
,hamp.oned the act in 1905 which
sas riddled from stem to gudgeon
~ the supreme court a year ago. |
There was not enough left of this |
statute for interment and therefore |
Republican leaders of the house who |
egard themselves as Jointly respon.
ible with Gov. Deneen for the act OF |
906 figure it would be the part of
wisdom to amend the law in order to
void adve. Sc action by the supreme /
curt
MeGoorty's Bill Up Soon.
Mr.. McGoOrtys direct primary bill
viii come up for consideration We'd /
lesday on motion II advance to
econd reading ithout reference.
There is considerable sentiment in
he house for a direct primary bill.
mt whether the house leaders viii
,efmi, primary election legislation TO
ONE up at this time is problematica'.
Plans are making for sine die ad-
about May Il and il is
igured the consideration Of Chicago j
harter measures will mOnopolize
most of the remainder Of the session
p 10 date none Of the charter meas
Ires has been reported out Of com
ni'tee and practically nothing has
CONCLUDED on Tnfr Page-D