Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-01-25
BYERS' DEPUTIES
BUSY These DAYS
MODE OF PRIMARY NOMINATING
PETITIONS ARE BEING
DISCUSSED.
PETITIONS CONSTRUED
One Affidavit Only Needed on Com.
bned Lists But Each Sheet of
Petition Must Have Proper
Heading.

County Auditor McCarty has receiv-
ed letter explaining the mode of cir
culating the primary nomination pc
titions in reply to an inquiry sent to
the attorney general
1t appears that some question was
raised in regard to the mode Of petit
tons. Some believed that single
heading, explaining the matter, at
tached to blank sheets would be suttl-
cient, while others believed that
separate heading is necessary for ev-
cry sheet. This latter view was up
held by George Cosson, assistant to
the attorney general, but still there Is
possibility that several of these
sheets, each with the proper heading,
may be fastened together and consid.
cred as one petition.
The letter to Mr. McCarty follows:
Des Moines, Ia, Jan. 20, '0S.
G. w. McCarty, Auditor,
Ottumwa, Iowa.
Dear Sir: am in receipt of your
communication Of the 18th inst, to-
gether with blank form of nomination
paper to be used by candidates in
primary elections. You ask for an
opinion as to whether or not the fol-
lowing statement: 81, the undersign-
ed, qualified elector of ............
county and state Of Iowa, and a mem
Der of the .......... party, hereby
nominate ............ or ...........
county, state Of Iowa, who has affiliat-
ed with and is member Of the. ....
| 49,. party az candidate for the
| Office of ........, to be voted for at
the primary election to be held in
June. 100. =" must be upon each and
every separate sheet of paper which
form the nomination paper" of a
candidate; or whether one such head
ing on the first sheet of paper will be
sufficient in case there are several
sheets of paper each securely fasten-
ed together.
You will notice ABOUT in the middle
of section 10, chapter 81, Acts of the
Thirtysecond General Assembly, the
following statement: mo signature
shall be counted unless they are on
sheets each having such form written
or printed at the top thereof" IN
view Of this provision | think it quite
essential that the heading appear up
on each and every separate sheet OF
paper.
| You will notice thereafter, however
in said section 10, the following
statement: when more than one
sheet is used for any nomination pa
per, the sheets shall be laid one upor
the other and neatly. evenly, and Sc
curely fastened together before filing
and shall be ~e,,-' ,ered as one nomin
alton paper on'v. A nomination pa
per, when filed shall not be withdrawn
nor added to, nor any signature there
on revoked. The affidavit of a quail
fed elector shall be appended to eacl
such nomination paper, or papers, i
more than one for any candidate, stat
ing that he is personally acquainted
with all the persons who have signed
the same
l take it from this that severa
sheets of paper fastened together ma,
be considered as one nomination pa
per only; and therefore one affidavit
, will be sufficient provided each of tn
said separate sheets of paper so fas
. tened together, and forming one nom
ination paper are all witnessed b
such person making the said affidavit
On the back of the blank nomina
ton paper you give a blank form O
AFFIDAVIT; such form does not contai
the statement that the person maxim
the same is a qualified elector.
think this ought to be shown in tn
: affidavit; otherwise there may hav
to be a separate affidavit fled&or
showing of some kind made with re-
erence to this matter.
Find herewith enclosure.
Yours very truly,