Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1908-05-14
Primary Ballots All Same Size.


Des Moines.-Attorney General By
ers has decided that the primary bal
lots of all of the parties must be of
the same size, despite the fact that
in some counties most of the ballots
will be blank white paper.
1t is not for the county auditor to
decide whether socialists, or prohibit
tionists, or any other party man will
want to vote for the nomination OF
persons for Office, even if no candi-
dates name appears on the ballot.
General Byers said in an opinion
directed to Secretary of State Hay
ward, responding to inquiries from
Auditor Frank Leedham of CLIFTON
county and others
Section 1OS7-a13 provides that
the ballots shall be made up of sep
arate sheets of paper uniform in
color, quality, texture and size To
fully meet this provision of the law
my judgment is, that the ballots for
all parties should be of the same
size, and that in preparing them the
auditor should have printed on each
ballot squares and blank spaces for
all offices to be voted for at the prim
airy for which no nomination papers
or affidavits have been fled
The attorney general holds that sit
Is evident from the provisions that
it was not intended by the legislature
that candidates for delegates to coun-
ty conventions and for precinct COM
mitteemen should file affidavits as
provided in section 10S7-a10 of the
primary law. In fact, this section
makes it clear that it is only candi-
dates for elective Offices who are re-
CURED to file such affidavits.
There is no provision in the prim-
airy law authorizing the auditor to
have printed upon the primary ballot
the names of candidates for either
delegates to county conventions or
precinct committeemen: in fact. the
law specifically provides that the
names of the candidates for such po-
sitions must be written or pasted with
uniform white pastors on the blank
lines upon the ballot by the voter
while in the BOOTH ETC."
Where no candidate is proposed by
the filing of nomination papers or
affidavit with the auditor for some Of
the offices for which nominations are
to be made at the primary, and the
ballot is prepared with blank spaces
as shown in the form Of ballot set
out in section 1087-a14 of the supple
ment to the code, the attorney gen.
eral was asked If the voters affiliated
with the party whose ballots is so
made up, can write in the name of the
person of their choice. put cross in
the square opposite the name so writ
ten, and in that manner make nomi-
nations. He replied:
Section 10S7-a6 of the primary
act, among other things provides that
the Australian ballot system shall
be used at the primary election, and
makes certain provisions with refer
ence to the manner in which votes
for persons whose name is written
upon the ballot by the voter shall be
counted. Section 1119 Of chapter 3,
title 6, of the code, which by the prim-
airy act is made applicable to prim-
airy elections, provides among other
things that the voter may also in
sert in writing in the proper place
the name of any person for whom he
desires to vote, making cross OPP
posite thereto" These provisions
put is beyond doubt that the voters
at the primary may write in the
names of the candidates Of their
choice and make nominations in that
way"