The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1910-08-18
A WAY AROUND
End CHOICE VOTE
Atoaney General McDougaI De-
Gvefs Written Opinion.
SECOND CHOICE NAME MAY BE
WRITTEN In ON BALLOT.
Voter Can Avoid Helping Undesirable
Candidates ON Second Choice by SUBJ
stituting Any Name in Blank Space.

In formal opinion Attorney Gener-
ri McDOugal holds that voters at the
primary election to be held August so
can write on the official ballot, In the
spaces 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 speculation as to
whether or not names written on the
ballot would be recognized in view OF
the fact they had not been formally
filed with the secretary of state or
county auditor
Apparently number of voters, de-
sire to vote second choice for persons
whose names do not appear on the bal
Hot in order that their second choice
vote shall not interfere with the
chances of their first choice candidate,
which might be the case II that candi-
date did not receive majority OF all
the votes cast first choice, thereby
causing a second choice canvass.
Under the opinion of the attorney
general any voter can write in name
for either first or second choice and
the vote will be counted. There will
be few who will write in name for
first choice, but the number of inquir-l
les respecting the second choice fea-
ture indicates there will be a great
many written in second choice votes.
The following is copy of the attor-
ney generals opinion, directed to an
fnquiring county attorney:
Boise, Idaho, Aug. 16, 1910.
Dear Sir: In reply to your COM
munication asking as to whether or not
q voter at the coming primary election
may write in the ballot for first and
second choice the name of some person
whose name does not appear upon the
ballot as a candidate, | have to say
that it makes no difference whether or
not the first or second choice desired
to devoted for appears upon the ballot
Ii 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 Off
cial ballot
If a voter were compelled to vote
for first or second choice or both. the
names of candidates appearing upon
the, ballot, the provision of the stat
ute in regard to writing in n"mes
would be nuility. Section IA of the
primary election law, among other
things, says:
And blank space shall be provid-
| ed under each official heading in order
that voter may write in the name of a
candidate for any office
| The supreme court in the recent case
of Gardner G. Adams VS. Robert
eLansdon, secretary of state, said as
| follows:
THE contention that a person is not
a candidate until after he has filed his
nomination papers is not in accord
with the clear purpose and intent of
the primary election law. 1t is provid-
ed among other things in section IA
of said act that a blank space shall be
| provided under each official heading in
order that voter may write in the
| name of the candidate for any office.
1t is possible under chat provision for
person to be nominated for an office
| who has not been nominated by paving
| the fee or filing the petition as re-
| quired under the provisions of sections
6 and of said primary election law
and whose name is not printed on the
| ballot"
The provision of the statute and the
| decision of the supreme court is so
plain in that matter that there Is no
room for ambiguity or difference of
opinion.
Your very respectfully,
! D, c. MDOUGALL,
| Attorney General.