The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-06-01
VOTES CANNOT Be
SWORN IN At
PRIMARY
According to Ruling Made at
the Office of Attorney
General

That it will he illegal t o swear in a
vote at the primary election. June %.
is the essence of the following ruling
OF the attorney generals oce made in
reply to Inquiries of a North Dakota
attorney:
l. IF a person is a qualified voter
IN an election precinct as to citizen
snip. g and residence. and whether
registered or not registered under the
1911 registration law, has he a right
to vote in the judicial election"
:. can a person. who is otherwise
a qualified voter. who was present in
the election precinct at time of regis
tratlon made by assessor and who neg
leoted to he registered. and who is
not registered under a party registra-
tion up to the time of the primary
election call for and vote a party pri-
mary ballot by swearing in his vote
on primary election day. Must tho
election board refuse to deliver and
allow such person tn vote a party bal
lot (this not including the non-parti-
san judicial election"
D.. Can a person, who was present
In election precinct at time assessor
was making the party registrations.
II was overlooked by assessor. or
ny his fault neglected to register dur
ing that time, register with the counts
auditor by sending in the required
registration affidavit at any time be-
tore election is held?"
TO your first question ! answer, yes.
The attorney general has already Civ
en- an opinion to the effect that one. IL
otherwise qualified. is entitled to- vote
the Judiciary ballot at the coming pri-
mar election without being registered.
10 your second question j would an.
swer. no. The statute SAYS that AM
person who was n qualified voter in
any election precinct in this state on
the day of enrolment provided for in
this act. and who failed to have his
named enrolled on that day ny reason
OF sickness or unaro'a"r'- -heenrt
from the election precir~' - who -
a quailfied voter in said district at
tlme of the primaries thereafter he,i
t1ereln, or who may have become
tWehtN-one Years of age after the dav
OF D r"llment. may have his name en-
rolled by the election board on any
nriinary day upon making oath as pro-
vlded in the general election law in
relation to registration of electors on
election days"
n conditions YOU suppose in YOUR
econd question do not come under.
the exceptions to the rule which is
provided for in the statute ! have Just
quoted. The election board should
refuse to deliver a ballot to such per-
80 H'fh W. h'icN uilll 10 vote q party
primary ballot. He would. however
be entitled to vote the judiciary bal
lot.
1t seems to me that your third oues-
tlon is plainly answered by the follow
ing portion of section > of the same
act: ANY voter who is unavoidab lv
absent from the assessors district
during the time of taking the part
registration may go before any notary
pubic and sign n verify a registra-
ton blank as shown by form A. and
mail the same in to the county auditor
OF his county"
1t is my opinion that this provision
OF INC statute is intended TO only al
low the absent person to mail the af-
Hdavlt to the county auditor during
the period of registration. and that il
does not permit one who was present
IN the election precinct during tho
time of taking the primary registra-
tlon but who on account of his own
negligence or that of his assessor
failed to be registered as a partisan
to afterwards and at the close of the
period of registration send the atfida.
Wit to the county auditor.
Alfred Miller.
Assistant ATTORNEY General.