The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-25
ASSESSOR LAW UNCONSTITUTIONAL IS
OPINION HELD BY Acknowledgement
Cites Ca1fnrrdas Expaience al Bearing Directly Upon
Proposed s44and nf Registering the Voters Of
Nmfh Dakota Under New Measure

OF the cases above cited. Under sec
ton . 1-2. just quoted. was decided
the case Of Schostag VS.. Gator ISL Cal.
800. and perhaps other cases. For
fear that you may not have this later
case which shows that before any such
an act as our chapter 215 al DO up
held there nus be a radical change
in the constitution defining the quail
n%cations Of electors. l copy in this
letter the syllabus. as follows:
Primary Elections-Scction 9 1-2
Of Article IL Of Constitutton-Tcsts for
Electors-Sectton 2 1-3 of article II of
the constitution, which empowers the
legislature to provide for and regulate
primary elections. and to prescribe
tests Of the rights of electors to vote
at primary elections by direct enact
ment. OF to delegate to the governing
bodies OF the respective parties h
power to prescribe such tests author
ICES it to exercise and partly delegate
such power.
"Id-Sections 1854 and l361A Of
Political Code Not Conflicting-Sec-
ton 1366-a Of the Political Code, pro-
viding that in all places where the
primary election law is in force each
elector at the time Of registering or
OF transferring registration, shall de-
clare the name Of the political party
with which he intends to affiliate at
the ensuing primary election or cleo
tfons. that such name shall then be
stated in his affidavit of registration,
and that he shall not be allowed to
vote on behalf Of n other party. or
for delegates to the convention of
party, by virtue Of that registration.
unless before the close Of registration
he announces and has recorded
change Of his party allegiance, and II
he refuses to SO give the name OF his
~ rfxy ttof fonk &C. 20 IN ekntA@ lea the
record. and he shall not be permitted
to vote at all at the ensuing primary.
unless before the close Of registration
he declares his party allegiance by af-
fldavit; and section l361-a Of the same
code. empowering the several political
parties to prescribe additional tests, II
they desire to do so. for those who Of
fer to vote for delegates to their re-
spective conventions. are not in con-
reason Of the enactment of the other.
"Id-section ia66A of Political
Code Is OBSERVATION-DISCLOSURES 1864
Of the political code is not u%nconstitu-
tional for imposing an additional quail
iflcation to those prescribed for cleo
tors by section ! Of article II Of the
constitution; nor Is it unreasonable be-
cause with the close of registration the
elector loses his right to change his
party allegiance In consequence Of a
change in his political convictions, and.
election Of delegates to the convention
Of the party with which on the day Of
election his more mature opinions
would impel him to q 8 in his lot; nor
because a political party entitled to
participate in the primary election
might determine not to hold a
ton Or nominate candidates. and by
so doing might deprive a member of
that party Of the right to vote al the
ensuing primary.
INSTRUMENTATION of Constitutional
Provisions-Section Q 1-2 Of article II
Of the constitution must be construed
in the light Of the evils It was designed
to remedy and the course Of legislation
and judicial decisions prior to its
adoption, and the power by 1t confer
red upon the legislature to prescribe
construction.
"Id-Uniformity of Operation Of
section-saving Clause in Favor Of
Registered Electors-The fact that
section 1366a Of the political code on.
tains a saving clause In favor OF all
electors who were registered before It's
enactment. permitting them to vote
at the ensuing primary election not
w~ithstanding their afidavits of regis
liation with any political. party, in it's
operation, in that 1t creates classes
and imposes more onerous. conditions
upon class than another"
I have discussed chapter 213 of the
Laws of 1911 with several prominent
lawyers Of this state, and they concur
In Jul views that the act IL unconsti-
tutional and void. in so far as the vot-
er Is required to make affidavit stat
tSD hiQ nnrfyy fH1tottNnu 0r1 ~ nv
himit q copy Of his naturalization pa
pers. Since YOU are member Of the
legislative assembly and entitled to an
opinion from this ONCE, you may give
publicity. to. the holding of this office
on chapter 213 Of the laws of 1911.