Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1914-08-07
MUST PAY FEE IN
ORDER To GET
PUT ON BALLOT
PETITION FORM OF FILING is IN
OPERATIVE, AND THERE is BUT
ONE WAY TO BECOME A CAN
DlDATE.

POCATELLO. July 3O.-There hav-
ing been considerable inquiry from
candidates regarding the manner in
which to proceed in order to get on
the ballot, County Clerk Pomery took
the matter up with Attorney General
Peterson. 1t is found that the only
way a candidate may get action is by
filing his nomination and paying the
fee. An old statute provides for the
filing of petition with a certain num-
Der of signatures but that statute was
replaced. and while the new law pro-
vides for a petition it is so obscure and
indefinite that the authorities hold
that it is imperative. Consequently
the only manner in which to get on
the ballot is to file the nomination and
pay the fee. The filing fee is 50 for
any office that draws salary of $500
or less. Any salary in excess of $500
requires an additional one per cent of
the excess amount.
Attorney General Peterson says: 81
have your letter of July in which
you ask for information relating to the
election laws. page S7S. section 3S5,
Session Laws of 1918, and ask whether
this applies to all candidates in any
party, or whether candidate in the
Republican party could file his nom
nation for a county office if he has
a petition signed by so voters in lieu
of cash fee, or will he have to pay
the cash fee as provided by law
81 desire to say that the section
quoted by you Csec. $3.50 as amended
by section IS of chapter so, page 35S.
Session Laws of 1913, has no applica-
ton whatever to the nomination of
candidates at primary elections. This
section was first passed in the year
1890, and re-entered several times.
The scope Of the section is very plain
y set out in the decision of the su-
preme court that this was a method
provided for if a person wished to be
placed upon the official ballot at the
general election as a candidate for any
office. He could not, however be
placed upon any party ticket, but
should be an Independent candidate
THE direct primary law. which is
Known as House Bill No 16, page 1856,
Session Laws of 1909, and section 6,
provides as follows:
\ fee shall be paid, or in lieu
hereof a petition shall be filed, on be-
laf of each candidate for office, be-
ore the officer herein required to pre-
are the ballots for any primary. here
" authorized, shall place such candi-
ates name thereon
Section s of said act provides how
he petitions should be made up au-
horizes the placing of individuals upon
primary ballot for certain Offices.
nd the nmber of voters that must be
ecured in order to make the petition
egal
Section Of said act was amended
y section 3. chapter 50, page 347. Ses-
ion Laws of 1913, but the amendment
Tas immaterial as it practically left
he section in the same position inso-
ar as the matter of the petition was
oncerned, the amendment reading as
blows; sTaH
a fee shall be paid, or in lieu
hereof petition shall be filed by or
n behalf of each candidate for office.
the time of fling nomination
apers.'
Section of said primary act was
$50 amended by section 5, chapter IS.
age S47 Session Laws of 1918, and
lis amendment makes no mention as
how this petition shall be filed or
lie number Of signers that are to be
laced upon the petition for any of the
hces, and in fact amounts to a re-
eal of the entire section in that re-
'ect know it was the intention to
peal this particular method of plac-
I'd although section mentions that
petition shall be filed in lieu of =
e. yet there is no method provided
r in the law as to how this petition
iah be presented and as to the num-
II Of names that it shall contain and
nat divisions Of the county or state =
e names shah be gathered from.
1t is very evident that the portion
section which motions the matter
imperative, and this Office has held
heretofore, and it is my judgment
at there is no way that candidate
n get upon the primary ballot by
tltion
J. H. PETERSON.
OWNS pun out the weeds and taks
eciai care of the good stun.