The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-08-20
IMPORTANT RUL-
ING ON PRIMARY

ed, Attorney General Baker decides
disputed points in the primary law,
as follows:
:" Hon. George l.. Sanford, district at
torney of Ormsbq county, Carson
City, Nevada.
Dear Sir: Your favor of the Sth
instant received wherein you ask to
be advised upon the following:
1st. Can person who has
participated in G. e., voted,) the
September primary, legally sign the
petition of an Independent candidate
for nomination to an office to which a
nominee was selected at said primary.
I'd. If the party the voter affili-
ates with and votes the party ticket
Of at said primary, has no candidate
for a particular Office, can the voter
after participating in such primary
sign the petition of an Independent
candidate for such Office
"My answer to both of your ques-
tions is in the Affirmative, and based
upon the following reasons:
- Section 1884, revised laws, reads
as follows:
ANY convention, as here in-after
defined, held for the purpose of max
ing nominations for public office, and
also electors to the number herein
after specified may nominate candi-
dates for public offices, to be filed
by election within the state. con-
vention within the meaning of this
act is an organized assemblage of dele
gates representing politiea. party
which, at tn elast election, before the
holding Of such convention, polled at
least three per cent Of the entire vote
east 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 otherwise than by a
convention in the following manner:
! A certificate of nomination containing
the name of the candidate with other
/ information required to be given in
the certificate provided for in section
! 3 of the act: Shall be signe by the
electors, residing within the district
or political division for which candi
dates are to be presented, equal in
number TO at least ten per cent of
4 the entire vote cast at the last pre-
| ceding election in the state, district or
political division for. which the. nom
] nations are to be made.
1 ''Section 1888. revised laws, reads
/ as follows:
:" No certificate of nomination shall
contain the name of more than one
1 candidate for each Office to be filed
No person shall join in nominating un-
! der the provision of section 4. of this
act more than one nominee for each
office to be filed, and no person who
4 oft N
person or by proxy, for or against a
candidate for any office, shall join in
nominating, in any manner, any 9TH
er nominee for that, Office, and no per-
son shall accept nomination to more
I than one office.
g From the foregoing provisions of
our code it viii be seen that the law
/ has defined what shall constitute a
convention. Provision is also made
for Independent nominations to Offices,
and also certain restrictions are made
by law to prevent an eector partici
pating in a convention for signing the
petition of an independent candidate
for any office for which a nominee was
selected for that office at the conven
tion wherein said elector participated
either in person or by proxy.
''The sections herein before quoted
are sections two, four, and six, re-
spectively, of an act entitled, AN act
relating to elections and to more fully
secure the secrecy of the ballot APP
proved March 13, 1891. At the time
this said act was passed the only
methods of nominating candidates for
office were by convention and by petit
tion and the law provides that no one
participating in a convention at which
a candidate was nominated for office
could thereafter sign petition of an
independent candidate for such office.
In 1909 the present primary law was
passed and certain changes therein
made by amendments in 1911. BY this
act the method of nominating party
candidates for Office was changed
from the old method, a party eonven-
ton, to that of a direct party prim-
ary election. There are few excep-
tions to the primary act, such as nresi-
Dental electors, therefore for pur-
poses of nomination of party eandi
dates the convention system is practi
cally abolished by the direct primary
election.
''Tn my Judgment the elector is at
liberty to sign such a petition even
though he voted at the primary, un
less there is some statute to the con
tary The only section of our code
which throws any light upon the mat
ter, and this very indefinitely, is sec
ton 1886, revised laws, as quoted. The
particular part of said section is: Nc
person who has voted in a convention
either in person of by proxy for OF
, against a candidate for any Office
shall join in nominating in any man
, ner any other nominee for that of
fice.'
, "Can this section, applying to con
ventions, be construed so as to apply
to direct primary electionse 1t is th
. opinion of this Office that it can not
A convention as defined by our law i
5 one thing and direct primary elee
tion another 1t is argued that sine
/ the purpose of the direct primary i
to take the place of the convention