The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1912-08-24

torney General Cleve Baker this after
noon rendered an opinion regarding the
right Of voters who exercised their
privilege at the primaries. thereafter
having the right to sign the petition Of
independent candidates. Attorney Gen.
eral Baker holds that the voters have
this privilege. and in IN opinion rem
dered to District Attorney Sanford Of
Ormsby County be quotes sections of
the Nevada statutes to sustain his views.
This opinion has been awaited with
considerable interest by the different
candidates. Mr.. Bakers decision is rs
follows: ?
"Hon. George L. Sanford, District At.
torney of Ormsby County.
Carson City. Nevada.
"Dear Sir:-Yonr favor of the 9Th in,
slant received wherein you ask to be
advised upon the following:
'1st. Can a person who has par
ticipated in Il. e. voted). in the Sep
TENDER primary. legally sign the petit.
ton Of an independent candidate for
nomination to an Office to which q pomi.
nee was selected at said primary.
"'2nd. If the party the voter affli-
ates with and votes the party ticket Of
at said primary has no candidate for
a particular Office, a the voter after
participating in such primary sign the
petition of an independent candidate for
such Office
"My answer to both Of your questions
is in the affirmative, and based upon the
following reasons:
"Section 1884, revised laws. reads as
follows:
"Any convention, as here -in-after de-
fined, held for the purpose Of making
nominations for public Office and also
electors to the number hereinafter
specified, may nominate candidates for
public offices, to be filed by election
within the State. A convention within
the meaning of this Act in an organized
assemblage of delegates representing a
political party, which, at the last cleo
ton, before the holding of such CON-
vention. polled at least three per cent Of
the entire vote cast in the State, county,
district or other political division, for
which the nomination is made.
"Section 1886. revised laws, reads in
part as follows:
"a candidate for public Office may be
nominated other wise than by a conven-
ton in the following manner: A GER
~tificate of nomination containing the
name of the candidate with other infor.
nation required to be given in the Ger.
tificate provided for in section (3) of the
Act; shell be signed by the electors, re.
siding within the district or political di-
vision for which candidates are to be
presented. equal in number to at least
ten per cent of the entire vote cast at
the last preceding election in the State.
district or political division for which
the nominations are to be made"
Sections 1888, revised laws, reads as
follows:
"No certificate of nomination shall
contain the name of more han one can
didate for each Office to be filed. No
person shall join in nominating under
the provision of section 4 of this Act
more than one nominee for each office
to be filled. and no person who has voted
in a convention, either in person or by
proxy, for or against a candidate for any
Office. shall join in nominating. in any
manner, any other nominee for that
Office. and no person shall accept a nomi.
nation to more than one office"
From the foregoing provisions of our
code it will be seen that the law has de.
fined what shall constitute a convention.
Provision is also made for independent
nominations to offices, and also certain
an elector participating in q convention
for signing the petition of an indepen.
dent candidate for any Office for which
a nominee was selected for that office
at the convention wherein salu elector
participated either in person or by proxy.
The sections here.i before quoted are
sections two. four. and six respectively
of an Act entitled. IAN Act relating TO
elections and to more fully secure the
secrecy of the ballot" Approved March
Is, 1891. At the time this said Act was
passed the only methods of nominating
candidates for office were by convention
and by petition, and the law provides
that no one participating in q conven-
ton at which a candidate was nomi.
mated for Office could thereafter sign "A
petition of an Independent candidate
for such office. In 1909 the present pri-
mary law was passed and certain
changes therein made by amendments