The Elbert County tribune., 1912-08-31
A STATEMENT FROM THE COUNTY CLERK
CONCERNING THE PRIMARY ELECTION
BALLOT, AND THE ATTORNEY GEN.
ERALS DECISION CONCERN
ING SAME
Hon. Benjamin Griffith,
Attorney General, State of Colo,
Denver Colo.
Aug. 20. 1912


Denver Colo.
Dear Sir
As this office either directly or indi-
rectly has received number of your
opinions or decesions concerning the iii
rect primary law. | am taking the lib
erty of writing you concerning quest
ion in said law, on which am in doubt.
In Sec. 4, Page u, Election Laws 1912
1t provides, that any candidate SO des-
ignated by assembly, shall file his writ
ten acceptance OF the same with the of
ficer with whom certificates and peti-
tions are herein provided to be filed,
within seven days after the adjourn
ment of such assembly.
Both the Republican and Democratic
Assemblies in this county were held on
August 10th, and the Assembly desig-
nations of both parties were filed in this
office in this office the same day, and inn
mediately following the receipt of the
Assembly Certificates of Designation,
las soon as we knew who the designees
or nominees were) this Office (althouph
not tequired by law to do Sol mailed
each person designated by the assem-
blies, declaration of acceptance.
Now, in two cases for different offices
where the assembly designated two
candidates for each office, one OF the ac-
ceptances for each office was received
here under the following conditions:
No. l, shows that the acceptance wss
dated or sworn to, and mailed Aug. Ia.
tpostmark shows mailed 14th y but was
not received here until Aug 10Th. .Filing
and Post Mark local office)
No., shows that the acceptance was
sworn to Aug. 10th, but the Post Mark
date shows that same was not mailed
until the 10TH, and same was receivfd
here the 20. tmailed in Denver
Will'you kindly give me your opinion
as soon as you conveniently can, as to
whether | as County Clerk should or
should not put either or both OF the
candidates whose acceptances we're re-
ceived as stated, on the primary ballot
OF their party.
Yours veery truly.
tSignedD }. j. Kause.
IN REPLY REED. THE FOLLOWING
Copy Denver, Colo. Aug. 90, 1912
Mr.. j. j. Kruse
County Clerk, Kiowa, Colo.
Dear Sir:
Replying to your inquiry of the 20th.
beg to advise that under section 4 of
the direct primary law, the acceptance
OF candidates designated by an assem-
bly, must be filed in your Office within
days after the adjournment of such as
sembly.
In neither of the cases cited by you
we're said acc-ptances filed within that
time.
Neither the swearing TO the accept
ance nor the mailing of the same in the
Post Office is fling with the
office, as required by the statute.
You would have no authority to print
either OF these party's names on the pri.
mary ballot. and it is your duty to not
do so.
Very Truly Yours,
Benjamin Griffith, Attorney Gen.
(Signed) By Chas. O'Connor
First Asst. Attorney Gen.
The foregoing letter to the Attorney
General and the reply thereto, concerns
particularly two Assembly Candidates
for the County Offices, whose acceptance
OF the assembly designation, we're not
received at this office within the time
limit set by law.
In both OF these cases it was clearly
the intent Of the candida ties to accept
the assemly designations, and in one
case at least it is evident that it was not
the fault of the candidate, that the ac-
ceptance was not received in time.
However this office is prohibited by
the law, from printing the names OF
these candidates on the primary ballot
Of their party, and the same thing ap-
plies to all candidates whose acceptance
were not received within the seven DAYS
allowed by law, whether said candi-
dates had opponapts for the nomins-
tion or not.
However the law provides that the
voters may write in the names OF any
candidate, or other eligible person who
is member of his political party, where
said name is not printed on his party
ballot.