Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-08-18

In a formal opinion Attorney Cen
oral McDougall holds that voters
at the primary election to be held
August 30 can write on the official
ballot in the sspaces provided the
names of any man or woman whose
names are not printed on the ballot
and that these votes will be counted.
Since the decision of the supreme
court on the test case involving
phases of the direct primary law,
there has been widespread specula-
tion as to whether or not names writ
ten on the ballot would be recogniz-
ed in view of the fact they had not
been formally filed with the secre-
tary of state or county auditor
WILL WRITE IN SECOND CHOICE
Apparently a number of voters de
sire to vote second choice for per-
sons whose names do not appear on
the ballot in order that their second
choice vote shall not interfere with
the chances of their first choice can
didate, which might be the case if
that candidate did not receive a ma
jority of all the votes cast first
choice thereby causing a second
choice canvass
general any voter can write in a
name for either first or second choice
and the vote will be counted There
will be few who will write in a name
for first choice, but the number of
inquiries respecting the second
choice feature indicates there will be
a great many written in" second
choice votes
TEST OF OPINION
The following is a copy of the at
torney generals opinion. directed To
an inquiring county attorney:
Boise, August 16, 1910.-Dear
Sir: In reply to your communication
asking as to whether or not a voter
at the coming primary election may
write in the ballot for first and sec
ond choice the name of some person
whose name does not appear upon
the ballot as candidate, ] have tc
say that 1t makes no difference
whether or not the first choice de-
sired to be voted for appears upon
the ballot.
If the voter so desires he may
write in as either first or second
choice, or both first and second choice
the name of any party or parties
whose name or names are not printed
upon the official ballot
If a voter We're compelled to vote
for first or second choice or both
the names of the candidates appear
ing upon the ballot the provision OF
the statute in regard to writing il
names would be a nullity. Section !
of the primary law, among Other
things says:
And a blank space shall be pro
vided under each official heading in
order that a voter may write in the
name of a candidate for any Office.
The supreme court i'm the recen
case of Gardner G. Adams VS. Rober
Lansdon, secretary of state, said az
! follows:
"The contention that a person Il
not a candidate until after he hai
filed his nomination papers is no
i'm accord with the clear purpose an,
intent of the primary election law
It is provided among other things
in section I 4 of said act that a blanl
space shall be provided under eacl
official heading in order that a vote
may write I'm the name of the candi
date for any Office. 1t is possible un
der that provision for a person to b'
D nominated for an Office who has no
D. been nominated by paying the fe
or filing the petition required unde
the provisions of sections and
: of said primary election law an,
i whose name is not printed on the bal
r lot"
Yours very respectfully.
T u q MonOTTC ATT