The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-05-28

Some time e Attorney General
Miller CAV an opinion. to the effect
mat the law of 1911. of this state in
relation I" voting for first and second
cholce at the primary election when
there was three or more candidates for
an Office, was mandatory and that UNI
less the elector voted both q first and
second choice for candidates, his vote
would not be counted.
w nile L am not the attorney genera
or TINS state (but hope to be soon).
have received quite a number of in
qulrles from my friends from different
parts OF the state, requesting me to
give my opinion publicly through the
press upon said Law and as it is a mat
Ter OF vital importance to every voter
III this state. I have decided to throw
what light | may he able to upon this
somewhat mixed question.
| am satisfied that if the construc-
ton of said law given by the attorney
general is correct, thousands of first
choice votes will be thrown out, as
many Will vote for the one they pre-
Ter and according TO said opinion,
their vote cannot be counted.
Did our legislature intend to dis
FRANCHISE electors or prevent their vote
from being counted when cast? do
not think so. hence cannot agree with
S1liSldl III Ills CpIlSlIuC-
ton of said law but on the contrary
believe the legislature intended that
every vote cast should be counted
whether the voter voted a second
ch"lre or not and submit the following
reasons in support of my belief:
Sec. |. Chap. 1903. primary election
law of 1907. is as follows: "Sec. l.
Intent of Act. 1t is the intention Of
this act TO reform the methods by
which political parties shall make
nominations of candidates for all pub
lie offices by popular vote. 1t shall
ne literally construed so that the real
Will of the electors may not be de-
fcated by amy informality or failure TO
comply with all provisions of the law
IN respect to either the giving of any
notice or the conducting of the pri-
mary or certify the result thereof"
This provides for a liberal construc-
ton of the primary election law so
that the elector may vote as he
chooses and that said vote may be
counted.
Chapter 212. laws of 1911. being the
law in question, is the amended Sec.
. of the rimary election law of 1907,
above quoted: said Sec. 2, as amend
ed. deals principally with the form
of the primary election ballot. and not
as TO the requirements of the voter.
The following excerpt from said law
shows on its face that the voter can
vote for h candidate for whom he
desires to vote. and is not obliged to
vote for one he does not desire to
vote for: ITO vote for a person for
first choice. mark a cross (N) in the
first square at h right of the name of
the person for whom YOU desire to
Vote"
The only command given TO the vot-
er in said law is: mo voter shall
vote for the same candidate for both
first II second choice. To vote for a
person whose name is not printed on
the ballot, write or paste his name in
the blank space provided for that pur-
pose"
This shows clearly that a voter is
not obliged to vote for any one whose
name is printed on the ballot. hut may
vote for anyone he desires to, by writ
ing or pasting his name in the blank
space on the ballot; it is in the singu-
lar and does not require the voter to
write in two m but may vote for
only n if he so desires.
II is true that the form of the bal
lot is to he printed, vote for first and
second choice when there are three or
more candidates for the same office.
but that is merely directory to show
the voter that he may vote for two if
he so desires. but the laG nowhere,
aside from the form on the ballot. re-
quires him to vote for more than one.
II would have been very easy for
tho legislature to have stated in so
many words in the law, that a voter
must vote for both first and second
choice or his ballot would not he
counted. had that been the intention
OF the legislature, for i'll the cases cit
ed ny the attorney general from WASH
ington and Idaho such was the COM
mand of the legislature, as will he
shown when nalyzing said decisions.
Again said law provides: Where
there are three or more candidates for
the same office for United States sena-
tor, representative in congress or any
state office. the candidate receiving tif-
tN per cent or more, of the votes cast
as first choice for such office shall be
nominated as the party candidate for
such office. If no candidate shall re-
celVe fifty Per cent or more. of the
votes of his party cast for such office
then the second choice votes of the
two candidates receiving the highest
number of first choice votes shall he
taken into account. and the candidate
who shall have received the highest
number of first choice votes shall be
taken INTO account, and the candidate
who shall nave received the highest
number of first n second choice
N'lts ''IltCCNtlS loT SuCn once, snail
be nominated as the party candidate
for such office. The judges and in
spcctors of such election when hand
ing a ballot to a voter shall inform
him that he must vote for the candi-
date of the political party such ballot
represents only. and the voter shall
call for the ballot representing party
or principle with which he aftiliates
and he shall receive such ballot and
no other. Provided further that when
second choice votes are permitted and
cast under the provisions of this act
the judges and inspectors of election
shall codnt. certify and return such
second choice votes separately and in
such manner as other votes are count
ed and certified Il at such election"
This shows that the first choice votes
should be counted. even if no second
choice votes are cast for the second
choice votes are not TO he considered
in case any one candidate for the office
receives fifty per cent or more of first
choice votes cast. but if first choice
votes are to he thrown out when no