The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-25

tHe idW WHICH OQulreS assessors to
make an enrolment Of the voters ac-
cordingto party a~hfliation is uncon-
stttutional. according to an opinion
furnished by the attorney generals Of
flee to Geo. p. HOMES Of Crosby, a
member Of the house of representa-
tives. The particular point on which
1t Is declared to be out of line with
the provisions Of the constitution is
found in that it places an additional
requirement upon the voter not con
templated by the makers of the con-
stitution.
The law in question. passed by the
last legislature assembly, provides that
assessors must make a complete regis
tration of all voters. and such regis
tration Is to be made for the purpos
OF keeping party voters within their
oWn party at the June primaries. the
voters being required to vote the bal
lot OF the party to which they declared
themselves affiliated when interviewed
by the assessor:
Following is the letter by Alfred
Mnser; assistant attorney general. to
MI. Homnes, in which he sets for the
grounds on which he believes the
measure is not constitutional. This
opinion. of course, does not affect the
taking of the enrolment, which work
Will be commenced by the assessors
next week. The letter:
We have your favor of March 16,
relative to chapter 213 Of the laws OF
1911. You call our attention to para.
graph l of this act. wherein electors
are required to subscribe an affidavit
which must have attached to It or OK.
hibited to the assessor at the time of
registration, h naturalization papers
of the %elector. If he has been natural.
ICED.
I have had this act under careful
consideration and study for some time,
and have come to the conclusion that
1t Is unconstitutional and void, with a
possible exception Of section 4 thereof.
No request has been made Of the at
opinion as to the constitutionality of
this statute. blu we have had 1t under
consideration. expecting that 1t would
be called in question.
Cites California situation.
Under the constitution Of California
when 1t was substantially like ours as
to the qualifications of electors, acts
in a degree similar to this one, but not
nearly so burdensome and discrimina-
tory against certain classes, were held
unconstitutional.
1858; 43 Pac. 975; Spier VS.. Baker, 100
Cal. $40; SO Pac. $50: ~ L. II. A. 1876.
Also Btitton vs.. Board of Election
Commissioners 129 Cal. S37; 81 Pac.
Ills; 81 l.. r. A. IFS.
Thereafter they amended the con-
stitution Of California by adopting Sec
ton 2 LIZ. which is as follows:
Sec. 2 1-2. The legislature shall
have the power to enact laws relative
to the election of delegates to conven-
tons Of political parties at elections
known and designated as primary
elections. Also to determine the tests
and conditions upon which electors.
political parties, or organizations of
voters. may participate in any such
primary. election, which tests or con-
dftions may be different from the tests
and conditions required and permitted
at other elections authorized by law;
power to determine such tests or cor.
ditions. at primary elections. to the
various political parties participating
therein. 1t shall also be lawful for the
legislature to prescribe that any such
primary election law shall be obliga.
tory and mandatory in any city. or any
city n county or in any city, or any
city and county, or in any county, or
in any political subdivision, of a desig-
mated population. and that such law
shall be optional in any city, city and
county. county, or political subdivision
Of a lessor population. and for such
purpose such law may declare the
population of any city. city and coun-
ty, county, or political subdivision, and
may also provide that, II any compen-
sation primary election officers in de-
fined places, or political subdivisions
may receive, without making compen-
sation either general or uniform.
Gives Extraordinary Power.
"You will sec that that this section
gives extraordinary power to the leg
islature in regulating primary cleo
tions and the qualifications of electors
thereat. We have no such provision
as that. but our constitution is like the
constitution Of California at the time