Los Angeles herald., 1909-10-01
HEWITT OUTLINES
VOTERS RIGHTS
FRANCHISE PRIVILEGE UNDER
CHARTER OUTLINED
RESIDENTS OF TERRITORY TO BE
ANNEXED NOT BARRED
CITY Attorney Stands Up for Men of
East Hollywood and ColeeroVe
If Annexation Is
Carried

In a communication to the city clerk
City Attorney Hewitt goes into details
in a number of election matters that
have been bothering the general public.
one feature especially he makes clear,
and that is that voters do not have to
declare their party affiliations in order
to vote in a non-partisan primary.
He answers the question of when
candidate is not candidate and also
whether or not the citizens Of the ter
ritory proposed to be annexed in the
Colegrove, East Hollywood and Airing
ton Heights district can vote at the
primary election.
CITY Attorney Hewitt outlined the
registration and election situation
under the new direct primary law as
follows:
"The primary election is, according to
the resolution of the council instruct
ing this office to prepare an ordinance
calling the same, to be held November
10. 1909. Registration for such election
cannot be had during the forty days
Immediately preceding the 10th day OF
November, 1909, and, therefore, am OF
the opinion that the last day upon
which registration can be made for the
primary nominating election is OCTOBER
l. 1909. Transfers may be made at any
time except within twenty-five days
Immediately preceding any such cleo
tion.' Accordingly, as to transfers for
the primary nominating election, they
may be made at any time UP to ana
including the 10th day of October 1909
Party Preference Not Essential
''The question has been raised whether
voters who, at the time of registration
declined to designate their political
affiliation, can vote at the city primary
election without reregistering or with
out having their registration changed
so as to declare their party affiliation.
'"The state primary election law OF
1909 by it's own terms, does not apply
to the nomination of officers of munich
palities whose charters provide sys-
tenn of nominating candidates for such
offices.
"Primary elections under the state law,
are PARTY primaries, and one can vote
fhereat whose party afiliation is not stateu
in the record of his registration. The pri-
mary nominating election provided for by
the charter of the city, however, is IN no
possible sense PARTY primary. The char
ter provides complete scheme for nOminat-
ing municipal officers 1t operates in the
city to the exclusion of any other primary
election law, to the nomination OF muni-
cipal officers, and it negatives, by express
provision, well as by necessary imphea-
ton when not express, any consideration
whatever of party affiliation as bearing upon
either the nomination or election of city
officers.
Refers to City Charter
''Under the city primary election
plan candidates for nomination be
come such only by virtue of petitions
in their behalf, signed by a given
number of voters, petitioning that the
persons therein named shall be candi-
dates for the offices specified therein.
The form of the petition is set forth
in the charter, and the form therein
given neither contains nor provides a
place for the designation either of the
marty affiliation of the persons whose
nomination is petitioned for, or of the
party affiliation of the voters signing
the same. Such designation, from the
fact that no provision is made there
for, is to be considered as foreign to
the charter scheme.
'tThis conclusion may be said to rest
upon inference, so far as it depends
upon the effect to be given to the pro-
cedure Just referred to; but when those
matters are taken in connection with
the provisions of section 206-1 and 206-p
of the charter, the inference becomes
necessary one.
"Section 206-1 reads as follows:
"The names of the candidates for each
office shall be arranged the ballot of the
primary nominating election in alphabetical
order. There shall be nothing on any ballot
candidacy support Of any candidate
"Section 206-p is as follows
1.-THE ballot at such general special cleo
tion shall be in the same general form as
for such primary nominating election, SO far
as applicable, and without any indication as
to the party afiliation, source of candidacy
or support of any candidate.
State Law lnapplicable
From a reading of these two sec
tions, as we'll as from a review of the
entire body of the primary election
law contained in the charter, it must
be apparent that party designation has
no place therein, either for voters or
candidates. and that party support, as
such, is not only not recognized, but
is directly negatived, so far as the
charter can accomplish that result.
The state law, which requires the
designation of a party afiliation of
voters to be stated on registration,
manifestly only applies, and I think
can only apply, to a primary election
where parties are recognized and
where nominations of party candidates