The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-14
COMMITTEE ON ELECTIONS Rem.
DERs IMPORTANT REPORT.
OKLAHOMA LAW TO SUFFICE
judiciary Committee Had Been Asked
for an Opinion Relative to the
Power Of the Convention to Act
Regarding First Election.

=
filed a request with the committee on
judiciary asking for an opinion rela.
tive to the power of the convention
to act regarding the first election.
The judiciary committee this morning
submitted an answer as follows:
Mr. President: Your committee on
judiciary and the judicial department,
to whom was referred the inquiries
submitted at the instance of the com.
mtteo on primary elections and com.
mttec on general elections
First, as to the power of the con
vention to prescribe the qualification
for electors who shall be entitled to
vote for or against the constitution
and for state and county officers at
the election; and
Second as to the power OF the con-
yention to create an election and can
NtAHHlllA b'ulN " NblNuNl Allt III -
general election; and
Third, as to the authority of the
convention by ordinance to provide
for a mandatory primary election for
the nomination of candidates to be
elected at said election.
Beg leave to report that the COM
mittee has carefully considered the
three inquiries and submit the follow.
ing as its answers thereto:
First, it is the opinion of the com
mittee that this convention has no
power to prescribe the qualification
of electors to vote for or against tn.
ratification of the constitution, and
that the qualification of such electors
are prescribed by the enabling act.
But the committee is of the opinion
that the convention has power to pre-.
scribe the qualification of electors
who shall vote for the state, district
and county officers at the election
held at the time of the election for
the purpose Of ratitying the consti-
tuition.
Second, the committee is of the op.
inion that the convention has power
to create the election boards to con
duct said election, both for he pur.
pose of ratifying the constitution and
for the purpose of electing state dis
trict and county officers, and that it
has mower to create canvassng
board to canvass the returns of the
election as to the state, district and
county officers. But the committee
is of the opinion that the conVen-
tion has no power to create a can.
vassing board to canvass the returns
of the election upon the ratification
of the constitution, but that such
canyassing board Is provided for by
the enabling act.
Third, The committee reports that
from the terms Of the enabling act
AM "a the absence Of a judicial con-
SlluNllpn lllfltbls 1t 10 hllllNulA "
reach a definite and satisfactory con.
clusion as to whether the convention
has the power to provide by ordi-
nance for holding a mandatory pri-
mary election; but all members Of
the committee present when the in.
terrogatories propounded were con
sidered, concurred in the opinion that
by the following provisions in the en-
abling act the laws of the territory
Of Oklahoma relating to primary cleo
tions, as well as general elections,
were extended over and put and in
force in Indian Territory, towit:
THAT the election laws of the Ter.
ritory of Oklahoma now in force, as
far as applicable and not in conflict
with this act, including the penal
laws OF said territory of Oklahoma,
relating to elections and illegal vot-
ing are hereby extended to and put
in force in said Indian Territory un.
in the legislature of said proposed
state shall otherwise provide, and un-
til the persons offending against said
laws in the elections aforesaid shall
have been dealt with In the manner
therein provided"
That the primary elections laws
thus extend over the Indian Territory
and provide for an optional primary
election to be determined by political
parties and the committee is of the
opinion that the convention is with
out authority to provide for a differ
ent kind of primary election.