The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-05-18
IN
REGISTRATION
OF VOTERS CASE

Following is the syllabus in the de-
cision of the supreme court, in the
matter OF the assessors registration
of voters for the primary:
State OF North Dakota, ex rel. An
drew Miller, attorney general, and r..
s. Knauss, REALTORS. VS.. T. e. Flaherty.
as county auditor Of Burleigh county,
North Dakota, respondent.
Chapter 213 OF, session laws of 1e11.
providing for party enrolment Of
electors by assessors before primary
election, and prescribing the form of
afidavit to be SO required OF each
elector to entitle him to enrolment
as a partisan and qualify him to vote
at the coming primary election, con-
strued and held:
]. The legislature has the right to
require nominations to be made at pri-
mary elections by the use of a ballot.
and may provide that such election
shall be conducted within organized
political parties, and may deny the
right to vote to those electors not be-
longing to any organized political
party, and may require as a reason
able test Of party fealty that the
elector shall subscribe an oath stating
that he belongs to an organized po-
litical party and requiring him to
designate it therein by name.
la) The law requiring such a
test and making the required oath a
condition precedent to the right of an
elector to participate at the party
primary election is not unconstitu-
tional as prescribing an added fran
chise requirement Or as restricting
right to suffrage or as violating the
secrecy of the ballot, within the mean
ing of sections 121, 1872 and 129 Of
u state constitution.
CD Said constitutional provisions,
a part of article 5 of the state con-
stitution, are applicable to the ex-
tent of limiting such primary cleo
ton to constitutional electors and
guaranteeing a secret ballot at primar-
les, but are limited in application by
the purpose for which the election lis
by the legislature provided, the power
to declare such purpose being reserved
to 1t by said constitutional provisions.
The constitutional rights Of the elect
ors are not paramount to such con-
tempIated legislative purpose, and a
party primary election law is not rem
dered unconstitutional because the
right Of suffrage at the primary is
made dependent upon the assertion of
a partisan belief by the elector and
because such election regulations for
bid an elector from voting who be-
longs to no political party.
2. The portion of the statutory afi-
davit exacted upon enrolment. pro-
viding for proof Of naturalization. is
unconstitutional, because in operation
it disfranchises from participating in
any party primary election those elect
ors n~aturalized by being within the
terms of the act Of congress natural
izing certain foreign-born residents
within the limits Of this state at the
time of its admission into the union.
That said act is likewise void be-
cause it excludes those electors sim
ilarly n~aturalized by act of congress
because of having been residents of
other states upon the admission Of
such states into the union. Except
as to such feature of the statute re-
curing naturalization the statute re-
mains unaffected and in force.
B. The statute In question contem-
plates that both the minor reaching
majority on or prior to election day.
but after the return of the enrolment
books to the auditor, and any male
person Of legal age n~aturalized by
court decree during said period. may
vote, and does not discriminate be-
tween the new voter and such natural
lied e%lector, both of whom may par