The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-04-02
REGISTERING THE VOTERS By
PARTY.


REGISTERING THE VOTERS By
PARTY.
The attorney general has given ont
an opinion that the law requiring the
assessors to register the voters ac-
Cording 10 their party Affiliations is
not sound. While the attorney gen
erals opinion has little merit except
that conferred upon il by statute. We
do not care to enter upon any discus
sion of its merits at this time. 1t
would seem like common sense. how
cVcr that if the legislature had the
right TO regulate the management of
political parties it would have the
power to keep thu members of n
party from huttins into another par
ty. The fundamental principles of
the primary law is the regulation of
a party by its members. The courts
have held that this was within the
constitutional power of the legisla-
turc. Certainly. then. if the legisla-
turc can regulate the party in MAX
Ing nominations. it can regulate the
keeping of one party out of the 9TH
or.
If the legislature has the right to
prevent members of n party from
participating in the nomination of
candidates in other parties. any
agency or method which the legisla-
lure MAY create or select for accom-
plishins that purpos: must be con-
stitutional. The attorney general
Ehould distinguish between the voter
in the general election and the voter
in the primary. In the former he is
n citizen choosing between parties
and in the latter he is a member of a
party choosing between candidates.
Even a laynlan can see that there is a
vast difference between the power
N"rciscd by the voter under the two
conditions.
We believe the law requiring the
party registration and ,hc limiting
The primary franchise of the voter
4" the party with which he aftiliatcs
s sound. What u supreme court
mi. Int decide tn" law is would change
,aly the effect. not the principle.
MI honest party men agree that the
selection of the party candidates
should be left to the members of that
party, and that for Il member of any
other party to vote for such candi-
dates is dishonest unless such voter
intends 10 vote for the party randi-
date in the general election. Some
so even further and asscrt. that such
voter should be bound to vote in the
general election for either the candi-
date he votes for in the primary. or
If such candidate is defeated, for his
successful rival This is going rathe.
FAR, and We believe that the require
ment of an oath that the voter in
tends TO affiliate with the party with
which he seeks to vote in the primary
is sufficient.
Two conditions arise in this conncc-
ton. One is that the limitation of
party participation to a long period
before the primary serves to keep out
those who desire 10 honestly Join the
party. After two or four years of
democratic rule. his would prevent
the thousands OF democrats who have
in the past and Will in the future turn
with honest purposes to the rcpubli-
can party from changing their poll
teal allegiance. The other is that re-
moving the limitation permits the on
position party, by having enough of
It's 'Hoaters' voted. to determine who
ehali be the other party's candidate.
often securing undesirable men for
office, the Very thing the primary law
was intended to defeat.
No honest republican would vote
the democratic primary ticket for
such purposes as have been specified.
There is no difference in this partic-
ular between members of different
parties. but the reader can constr,c,
his own converse deduction. The
honest party man will stay within his
party if his purpose is only to help
select an unworthy or a weak candi-
date. The honest man needs no law
TO keep him for committing larceny
or arson or robbery. 1t is for those
who seek to do such things that laws
are necessary.
Few state constitutions make speci-
fic provisions for a primary election.
North Dakota's certainly does not.
Yet it comes well within the implied
poWer Of the Legislature. If that he
true, we repeat. evidently the lcgisla-
fure can regulate the primary even
to the smallest detail. The Johnson
case in which the court held the fees
required of primary candidates I'M
constitutional was based on another
proposition. 1t was held that the re-
quirement Of such fees was a limita-
ton Of the rights of the candidate.
no of the voter. So that it does not
come within our specification above.
Evidently the law must keep the
members of the party within their
W lines. else the law must become
a meaningless regulation or be entire
~ wiped out. Me- belong to parties
from principle n in time they will
refuse to tolerate a condition which
makes of such principles an absurd
ity in the hands of the opposition and
n demand will come for a wiping out
of the primary system. 1t is far bet
ter to mend it's weak places than to
suffer it to be torn down. The prin-
ciple of the primary is the bedrock of
our republic. So long as parties exist
will It be necessary to puarantea tho