Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-05-09
BALLOTS MUST
Be same SIZE
ATTORNEY GENERAL BYERS
MAKES RULING FOR PRI-
MARY ELECTION.
DELEGATES NAMES OFF
Auditors Duty in Getting Ballots
Printed is outIined-May Nomi-
nate by Writing in
Names.

Attorney General ByerS mas deClQeu
that the primary ballots of all of the
parties must be Of the same size, des-
pite 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 prohibi-
tfonists, 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 di-
rected to Secretary of State Hayward.
yesterday, responding to inquiries
from Auditor Frank Leedham of
Clinton county and other
Section 1OS7-a13 provides that the
ballots shall be made up of separate
sheets of paper uniform in color,
| quality, texture and size" To fully
meet this provision of the law my
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 Of
fees to be voted for at the primary
for which no nomination papers or af-
| f1davits have been filed.
| Delegates by Faster.
The attorney general holds that at
is evident from the provisions that is
was not intended by the legislature
that candidates for delegates to county
conventions and for precinct commit
teemen should file affidavits as provid-
| ed in section 10S7-a10 of the primary
law. In fact this section makes it
clear that it is only candidates for
| elective offices who are required to
| file such affidavits.
There Is no provision in the pri-
| mary lay authorizing the auditor to
have printed upon the primary ballot
the names of candidates for either del
| egates to county conventions or pre-
cinct committeeman; in fact, the law
| specifically provides that the names
Of the candidates for such positions
must be written or pasted with uni
form white pastors on the blank lines
upon the ballot by the voter while in
the BOOTH etc.
Msy Nominate by Writing.
| 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 supplement
to the code, the attorney general was
| asked If the voters affiliated with the
party whose ballot is so made up,
write in the name of the person of
their choice, put a cross in the square
| opposite the name so written, and in
that manner make nominations. 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 reference to
the manner in which voters for per-
sons whose name is written upon the
ballot by the voter shall be counted
Section l19 of chapter 3, title 6, of the
CODE which by the primary act is
made applicable to primary elections,
provides among other things that "the
voter may also insert in writing in the
proper place the name of any person
for whom he desires to vote. making
cross opposite there to- Those pro-
visions put 1t 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.
Publishing the Notice.
The primary law provides that the
county auditors shall publish once a
week for two weeks, under the proper
party, designation, the title of each Of
flee to be filled. the names and adj
dresses of all persons for whom proper
nomination papers have been duly
filed, both in his own office and in the
office Of the secretary of state. giving
the name and address Of each the date
Of the primary. the hours during when
the polls Will be open, and that the
primary will be held in the regular
polling place in each precinct"
The use by the legislature in the
section relating to notice of the words
for whom proper nomination papers
have been duly fled. has led to some
confusion, and is interpreted by some
of the county auditors to limit the no
tice to such candidates only as have
filed both nomination papers and n
candidates affidavit. ii do not think
this was the intention of the legisla-
lure. says the attorney general 1T
is just as IMPORTANT that the voters h.
informed as to the candidates for
township offices and members of the
board Of supervisors in counties where
they are elected by districts, as # is
that they know who the candidates for