Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1910-08-18
c,nrame Court Says Second
choice Provision Mandatory
EXPENSES ACCOUNTED FOR
Man Candidate When He Seeks
Nomination

By the terms of All opinion handed
down by the supreme court Friday in
the case entitled Gardner q. Adams
vs.. Robert Landon, as secretary of the
state of Idaho, it was decided that the
urinary election law as passed by the
tenth legislature is constitutional. 1t
was also held to be mandatory upon
the elector to vote for second choice
where there are more than two can
didates for office, that the matter of
personal expenses Of a candidate for
nomination are construed to be all
his expenditures at all times for the
promotion of his candidacy and that
there being no provision for the nomi-
nation Of precinct officers in the act,
those officers may be nominated in any
reasonable way that may be provided
by the party organization.
The matter Of the personal expenses
of the candidate, and whether or not
it is mandatory upon the elector to
cast vote for second choice, are per-
haps the most important features Of
the decision. The question Of the
constitutionality of the act hinging
upon the feature of a second choice
being compulsory, the court holds that
it was the intention of the legislature
to take the matter out CT the hands
of party committees and conventions
and place in the hands of the voter
and secure if possible an election by a
majority vote and if neither of the
candidates should receive a majority
then the first and second choice votes
should be added together and the one
receiving the largest number to be
elected as the candidate.
The failure of a voter to indicate
both first and second choice for any
office does not void the entire ticket,
but only the vote for that office; also
it the voter does not find the name
OF the candidate whom he wishes to
vote for for second choice upon the
ticket, he has the alternative Of writ.
ing the name of some one else upor
his ballot.
The Interpretation of the second
section of the act referring to the per
sonal expenses Of the candidate re
strlcts hlm to not over ten percent o
the yearly compensation or salary at
tached to the office at any time wheth
er before or after filing his nomination
papers. The court holds that it wa
the intention of the legislature t,
make the primary law "a poor man.
law and do away with the "checl
book campaign" and that it would de
feat the ends of the law if it were de
cided that man became candidate
only after filing his acceptance, as h
would have the opportunity of spend
ing thousands of dollars in the inter
ests Of his candidacy prior to his ac
cePtance without having to include i
~ MS sworn expence account.
The case was brought before tn
court by the filing of an application
lot ea writ of prohibition by the plain
III to restrain the secretary of stat
from certifying to the county audito
u the state list of candidates for Of
nee as required by the primary law
harl Paine, Good 4 Adams and Haw
ssey Puckett and Hawley appeare.
ior the plaintiff and d. G. McDougall
a'torney general, and o. NJ. Vanduyl
and :. IL. Peterson, assistants, ap
Psared for the state. The argument
were submitted and the case take
under advisement on August 2. B.
@u agreement reached between tn
counsel for both sides the secretary c
s.ste was directed to send out the Gel
,ned list Of candidates with the ur
outstanding that such lists should b
SUBJECT to recall in case the primar
%. ~" was found to be demonstrations
!. anS agreement was entered into a
me suggestion Of Chief Justice Sull
s van IN order that there might be n
Ts'ays M IN preparing the official ballo
the opinion.
We are satisfied that it was I'll
purpose Of the legislature to requil
s e voter to vote for both first an
~. hond choice candidates ir order tbs
;n,o oailot may be completed and h
a;s ae'i'ion clear as to his choice of cal
cou es lot that particular office. {
se a failure to vote for either fir