American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1914-07-30
WITH REGARD TO
NOMINATIONS
County Attorney Advises Clerk
in Matter of Filing Papers
Mr.. Paul Bulhnch,

Mr.. Paul Bulfnch,
Recorder,
Dear Sir: Replying to your enquiry
by telephone with reference to the
question whether or not the nomina-
tion papers that are now being filed
with you are in proper form, lind
upon examination of the law that the
section applicable to the filling of
nominations. namely. section 5, page
349. chapter S5, Session Laws 1918,
states:
That said nomination pa
per shall be subscribed and
sworn to before some officer
authorized to administer
oaths.
1t is the opinion of this Office that
the phrase subscribed and sworn to
before some officer authorized to ad-
minister oaths,' implies that the par
ties signing the paper should take
some form of an oath, more preferably
the form as prescribed by the laws OF
Idaho, and l note upon examination
of the nomination papers as fixed
with you that the same are more in
the form of a certificate than that of
statement made under OATH That
is to say they are not made in the
form of an oath which is implied when
the words subscribed and sworn TO-
are used.
1T was the intention of the legisla-
ture in passing the law as amended
to provide that any party who signs
nomination paper would be placed
under obligations to support the par
ty whose nomination paper he signed.
In all probabilities if a party who
signed a correct nomination paper did
not fulfill the conditions therein and
on the primary day called for ballot
other than for the party designated
by him in the nomination paper such
party might be subject to criminal
prosecution. That is, If it could be
p shown that he had wilfully and with
I out good intentions signed said nomi-
nation paper.
= Section 10. page S55, chapter So,
= Session Laws, 1913, provides that any
y party who offers to vote, his vote may
b be challenged on the ground that ne
+ is not a member of the political party
e for whose ballot he asks; and read
e ing the two sections together, / take
, it that il was the intention Of the
legislature to cause the voters not on
/ hot rfx a ffi1faff bT1f
f to prohibit any elector at the primary
!, from voting such ticket as he may at
: that time desire. In other words. it
r. was the intention of the legislature to
; cause the members of each party to
d do away with the voting of another
e party's ballot by a member of any
d party. the ticket of which party was
d what we would term a ticket without
: opposition, which has in the past
caused much confusion and dissatis-
faction among the electors of the state
of Idaho.
- This Office refrains from passing
on the validity of the petitions as filed,
as you as auditor act in a ministerial
capacity, and are not, placed in the
position of passing on the correct
ness of anyone's nomination paper
this being a matter that could be test
ed out by any elector or any party
who has been nominated in the pro-
per manner.
THE courts generally hold that II
a party has substantially complied
with the law as regards any election
that is all that is required and this
same principle might be adopted BY
the court in passing on the correct
ness of the nomination paper. and al
stated above, this office refrains from
passing on the correctness of the pa
pers in any manner OF form. and W
are merely giving you this in cas-
any party should seek your counse
as to the correctness of a nominatio
paper.
Yours very truly,
o. r. BAUM,
Prosecuting Attorney. Power count