The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1910-09-23
SAYS ELECTION ILLEGAL
Secretary Lansdon Points
Errors in Returns.
WON'T CERTIFY NOMINEES
Contends Second Choice Votes
Must Tally With First.

The refusal Of Secretary of State
Robert Lansdon to certify the |
nominees elected in the recent |
primary election as candidates of !
the Republican and Democratic |
parties for congress, state and dis
trict Offices, may indefinitely hold |
up the official certifcation by the
state board of canvassers required
under the direct primary law, and
threatens to further complicate the
grand primary election mixup,
says tie Statesman.
The law provides 'that the state
board shall canvass the votes for
congress, state and district Offices
and shall certify the nominees of
the different parties therefor to the
secretary of state not less than 80
days before the date of the general
election ensuing"
Secretary Of State Lansdon takes
the ground that there are no nomi
nees legally elected in the recent
primaries.
In setting forth his position, Mr..
Lansdon said in part:
"The supreme court in its de-
cision on the primary law specifi-
cally stated that the provision
therein relating to second choice
was mandatory, and not directory,
and that therefore in all cases
where there were twice as many
candidates as Offices to be filled
the voter had to vote for second
choice. The supreme court furth-
er decided that failure to vote a
second choice where so required
would invalidate the first choice
vote for that Office.
W at therefore follows logically
. that there must be as many seconc
a choice votes as there are hrs
e choice votes. If there is dis
:. crepancy in the tally, then just a
many first choice votes must b.
e invalidated as there are secont
It choice votes short.
e 'Inspection of the abstracts am
e rolls sent in prove absolutely tina
u in practically every precinct IN tn
s. state there is shortage OF secon
!" choice votes in the case OF ever
contest involving the require
ID second choice.
- "This means that the state boar
d, of canvassers cannot proceed wit
Il, the canvassing until all errors HAY
been rectihed. | see no other wa
ont of the difficulty than to ser
90 the abstracts back to the coun
be boards of canvassers with orde
as to have the vote recounted IN eve
Is instance where discrepancy a
al nears between the total OF nj
me choice votes and the total OF Sc
'u' ond choice votes. Every seco'
'us ~ choice vote must be accounted
,ha no or the corresponding first chol
of vote must be invalidated.
"If the counties can finish
recount and return the correct
ap- ,hstracts to the state board OF ca
the v,ssers not less than 80 days
eli, fore the general election v
life certify the nominees, but only
the condition that in all cases WIN
~ -. the second choice vote was
,'1 rn. VOWED the total number r. OF Il
~ u choice votes exactly tallies "
,ioy the total number Of second emo
peo- votes. It.
,pbt oIf the counties are unaole
.om- make complete recount anu .
lark in correctly balanced returns
'ects first and second choice within
'om' limit of go days the state =, cen !,
} to committee Of each party vii, u
WI" ',sa to nominate the ticket lna'
all there is to it,"