The copper era and Morenci leader., 1914-09-04
THE CHALLENGE LAW
IN PRI MARY
ELECTIONS
Opinion of Local Attorney on ChaI-
Ienges That May Be Used on Day
of Primary Election and QuaIifica-
tions of Voters in Party Primaries.


have made enquiries regarding quail.
fications of voters to participate in
the several party primaries to be
held in Arizona on Tuesday next, the
Era is in receipt of the following
communication from local attorney
bearing upon the subject:
To the Voters:-
| The precinct committeeman of
each precinct may appoint, in writing
over his signature, one party agent
or representative with any alternate
who shall act as challenger for his
respective party and have the powers
prescribed by the preceding section.
The right of any person to vote at a
primary may be challenged by any
elector upon the same ground and his
right to vote be determined in the
same manner as at an election, ex-
cept, as otherwise provided herein;
provided, that if the person offering
his vote be challenged as unqualified
on the ground that he is not mem
Der of the party announced by himself,
he shall make and subscribe an aff1-
davit in the following form which
shall be presented and retained by
the primary judges and clerks, and
returned by them with the registry
poll books.
State of Arizona, County of. IS
! I. do Solemnly
swear or (affrm) that l will be mora
than twenty-on years of age at the
next general election, and qualified
to vote under and by virtue of the
laws of the State of Arizona, that l
now reside at. ......... GnSert street
number, if any in this precinct, and
am member of and am affiliated
with the. party; that have not
nod hn nf q
other party who is seeking nomina-
tion petition of an independent can
didate for any office for which can
didates are to be voted for at this
primary election.
Subscribed and sworn to before me
this .,...... day Off,. -. 10. :.
Judge of Election :.
Any elector who presents himself
/ at the polls and demands party
ticket may be challenged on ground
of party affiliation; if so challenged
he is required to take the form of
oath as above set forth. He must
not have signed the petition of a men,
Der of any other party and must not
have signed the petition of an indie
pendent candidate for any office for
which candidates are to be voted for
at the particular primary election
and he must swear that he is a mem
Der of and is affiliated with the party
for whose ballot he has called.
In this state there are no precise
rules having any legal significance or
recognition of membership in or affilia-
tion with political parties. Such men,
bership in or affiliation with a party
must depend to a certain extent up
on good faith and certainly upon
nothing more than the Intention of
the voter at the time his membership
and affiliation are requested The
fact that one voted the Socialist
party ticket last year cannot stop
him this year from voting the Demo
cratic ticket. The fact that yester-
day a person appeared in any caucus
or council of the republican party can
not estop him on election day from
asserting that he is a member of and
affiliated with the democratic party,
if it is at that time his intention to be
a member of and affiliated with that
party, and the fact that at the pri-
mary election a party declared him
self a member of and affiliated with
the democratic party could not estop
him from voting the straight repub-
lican or socialist or prohibition ticket
at the general fall election
This provision of the oath is wholly
without force and effect. The only
effect is to put the party upon public
record but it is impossible to see how
under the present law it can in any
way or manner bind him or how any
past act or affiliation can influence
the right to take the oath in that re-
spect. Certainly the courts would
never hold that a mans general repu-
tation or past practices in politics
would estop him from making a
change any time his convictions so
warranted.
OF course it would be the endeavor
of the law to prevent stuffing or pack
ing at primary elections; such cleo
tions are however, wholly creatures
of the statute and we must look to
the statute law alone for circum-
scribing rules. The state of Cali
fornia provides that the elector must
declare his politics at the time of
registration and that at the primary
he may vote only with that party as
declared; but we have no such law
here and it would seem that the pri-
mary polls are open to those who will
declare their membership affiliation
as they may at that time desire.
If a voter present himself, and is
challenged, and if, in other respects
he is qualified, he takes an oath, that
he is a member of the party, whose
ballot he demands, the officers of
election have nothing to do but per
NIT him to vote, as he declares.
Popular comprehension has sug-
gested that election judges in case of
challenge on ground of affliation
could require the voter to swear to
support the party at the general cleo
ton. There is no basis for this