The central record. (Lancaster, Ky.) 18??-current, 1913-05-09
Attorney General OF Kentucky Construes
The New Eaton-1hompsOn Primary
Election Law.

LlCCuOH Low.
In response to many inquiries from
over the state Attorney General James
Garrett has had prepared a construction
of the new Primary Election Law. The
opinion will be printed and sent to the
county Clerks through out the state.
and was prepared by Assistant Attorney
General Chas. H. Morris.
"ln the first place you.ask us to inter-
pref the clause which requires voter
to ask for either Democratic OF Re-
publican ballot. Second. does this
clause do away entirely with independ-
ent voting? Third, is it possible for a
Democratic voter to write the name of
Republican. who is seeking nOmina-
ton for office, in the blank space usual
ly reserved on the Democratic ballot.
and have such vote counted as a vote
for that name as a Democratic NOM
inee, or will be countsi. as Republican
vote?
''In the first place the primary cleo
ton law is designated for the sole pur-
pose Of nominating candidates of the
dominant parties. By section 3, the
nominating candidates by the political
parties as hereinafter defined, is spe-
officially provided. By section of the
act, a political party, within the mean
ing Of the act, is defined-to be an or
ganization of voters having constitu-
ton thereto for their government and
regulation, and which at the last pre-
ceding Presidential election cast at
least twenty per cent of the votes IN
the entire State. So the act applies
only to regularly organized parties
which cast twenty per cent of the votes
in the last Presidential election, and
such parties are required to make their
nomination in the primary.
This act does not repeal the pro-
visions of the old law, which provided
for nominations by petitions only by
conventions for the political parties
not included in the provisions of the
recent act.
INDEPENDENTS CUT OUT.
independent voters should not have
a right, nor are they authorized by the
law, to vote in the primary elections.
Independent and other parties would
have perfect right to meet in con-
veption or to take the sense of the
independent voters in any they please,
and they thereby might endorse the
nominees of the regular party. The
other than Democratic, Republican and
Progressive parties, are not restricted
by this law to any particulal method
of making their nomination, nor are
they limited to any particular time. So
much for the question Of independent.
REGISTRATION PROVISIONS OUTLINED.
In addition to the special qualifica-
tons hereinafter prescribed the same
qualifications of electors shall apply in
primary elections held under this act
as are now required in regular cleo
tons. Said qualifications shall be de-
termined as of the date of the primary,
without regard to the qualifications OF
disqualificatiOns as they may exist al
the succeeding regular election. In
precincts where registration is required
no electOr, except those entitled to be
specially registered as hereinafter pro-
vided, shall be entitled to vote in any
primary unless he is registered in the
registration book of said precinct fol
the succeeding year, as affiliating witt
the party whose ballot he offers to VOTE
If not registered he shall not be en-.
titled to vote the ballot of the party
with which he is registered, and NJ
other. In other precincts qualified
electors shall be allowed to vote only
the ballot of that party with which
they declare their affiliation,"
WILL GET PARTY BALLOTS.
Under this section, it will be clearl
seen that in cities where registration
is required, a person who is registere
as Democrat, would not be entitled
and should not receive from the cler
other than Democratic ballot; likewis
person registered as a Republican
would not be entitled to and should no
in the counties and cities where regis
tration is not required, this matter ca
not be controlled, but it is provide
that the qualified electors shall be a
lowed to vote only the ballot of tn
party with which they declare thei
utilization. This will leave the selectio
of the nominees open to some abuse;
because under it, Republican electo
: might declare his utilization with tn
Democratic party, receive Democrat
ballot, and then vote for the weakes
candidate on the ticket.
CONCERTED ACTION POSSIBILITY.
"By concerted action on the pal
of any great number of members Q
either the one or the other party, tn
weakest candidates of either the on
or the other party might thereby b
selected, but from the careful readin