The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1910-08-18

The supreme court has just handed
down an opinion on the Idaho primary
law which will probably surprise many Of
the candidates for Office. The most inn
portant finding of the court is its holding
that the first and second choice is man
datory and also that personal expenses
begin when person first exploits him
self or attempts to influence public opin-
ion. Under the opion OF the court as OPP
posed to that advanced by the attorney
general, candidates will be required to ac-
count for not only expenses incurred after
acceptance of the nomination but also
expenditures in furtherance Of their can
didacy from the time they first appeared
in the limelight as candidate for office.
A summary Of the finding Of the court
is found in the following syllabus:
HThat provision of section IA of an act
entitled, An act relating to and proyid-
ing for the nomination Of candidates of
political parties, ETC., and commonly
known as the primary election law (Sess
Laws 1909 p 1863 which requires a voter
to vote for both first and second choice if
there are more than twice as many candi-
dates as there are positions or offices to
be filed, is not in conflict with section
10, article |, Of the constitution which
provides that No power, civil or military,
shall at any time interfere with or pre-
vent the free and lawful exercise Of the
right Of suffrage
Section l9, article |, Of the constitu-
ton has reference to the attendance Of
officers, civil or military. at the polls and
prohibits them from interfering with the
free and lawful exercise Of the rights Of
suffrage.
''By the provisions Of said act, the le-
gislative intent was to take the nomina-
ton Of the officers therein named away
from party committees or party conven-
tions and have them nominated by the
legal voters Of the several political parties
by majority Of the first choice votes if
possible, and in case no candidates re-
ceives majority Of first choice votes then
by plurality OF first and second choice
votes added together.
THAT provision OF section IA of said
act which reads as follows: Vote for both
first and second choice if there are more
than twice as many candidates as there
are positions is mandatory.
The failure to vote for both first
and second choice will not void the ballot
except as to the particular office where
both first and second choice vote is re-
quired and for which the voter has failed
to express both a first and second choice.
The provisions Of the primary cleo
ton law in regard to personal expendi-
lures Of candidates to aid or promote
their nominations are not repugnant TO
the provisions Of section 9, article l, Com
stitution Of Idaho, which declares that
Every person may freely speak, write
and publish on all subjects, being re-
sponsible for the use of that liberty
''The intent and purpose Of said pri-
mary election law is to prevent large ex-
penditures Of money, property or promises
to aid or promote the nomination Of any
person
"Under the provisions OF section "A Of
said law, candidate for nomination is
prohibited from expending for personal
expenses as the same is defined by said
section, 'or at alp to aid or promote his
nomination more than 10 per cent Of the
yearly compensation or salary attached tc
the office which he seeks.
"All the provisions Of said act in regard
to the nomination Of candidate by pay
ment Of fee or by petition and also the
provisions in regard to personal expenses
must be construed together, and the can
didate is prohibited from expending fol
all such purposes more than Is per cen