Evening capital news. (Boise, Idaho) 1901-1927, 1914-07-28
CANDIDATES MUST
PAY FEES TO GET
ON THE BALLOTS
Opinion Given by the Attor-
ney General on the Provis-
ions of Amended Primary
Law.

There is no way that a candidate can
get upon the primary ballot by petition.
Inn other words that section Of the pri-
mary law providing for the fling OF
petitions for candidates, instead of fees,
Is imperative and has virtually been
repealed. Candidates must therefore
pay their fees. This is in substance
the ruling OF Attorney General ]. II.
Peterson. The attorney general was
asked to give his opinion on the petit
ton feature of the primary law by II.
l.. Hopes. clerk of the district court at
Rigby, and by Auditor McCrea of Bon
ner county. He replied to the first let
ter and duplicated the same reply to
the auditor Of Bonner county His
ruling is shown in the following reply
to Auditor Hopes:
Mr. H. L. Hopes,
"Clerlk of the District Court,
''Rigby, Idaho.
"Dear Sir: have your letter OF
July I'd in which you ask for informa-
ton relating to the election laws, page
878, section 1856, Session Laws Of 1913,
and ask whether this applies to all
candidates in any party or whether a
III lAlo INCPubAASehA ~
could file his nomination for a county
office II he has a petition signed by 80
voters in lieu OF the cash fee, or will
he have to pay the cash fee as pro-
vided by law7
Il desire to say that the section
quoted by you (Sec. 1850, as amended
by section IS of chapter 80, page 36S,
Session Laws Of 1918. has no applica-
ton whatever to the nomination Of
candidates at primary elections This
section was first passed in the year
1890, and re-enacted several times.
The scope Of the section is very plainly
set out in the case OF Phillips VS.. Cur
tbs, Idaho 1913, in which the supreme
court held that this was a method pro-
vided for IL 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.
Quotes the Primary Law.
1.-THE direct primary law, which is
known as house bill No. 16, page 1875,
Sessions Laws of 1909, and section 8,
provides as follows:
"a fee shall be paid, or In lieu
thereof, petition shall be filed, on be-
half Of each candidate for office, before
the officer herein required to prepare
the ballots for any primary hereby au-
thorized shall place such candidates
name thereon
Section 8 of said act provides how
the petitions should be made up, au-
thorizes the placing Of individuals upon
primary ballot for certain offices, and
the number Of voters that must be Sc
cured In order to make the petition
legal.
Section Of said act was amended by
section 8, chapter IS, page BAT, Session
Laws of 1913, but the amendment was
immater1al as It practically left the
section in the same position insofar as
the matter OF the petition was con-
cerned the amendment reading as fol-
lows:
"a fee shall be paid. or in lieu there
of petition shall be filed by or on be-
half of each candidate for office, at the
time Of filing nomination papers
Section s of said primary act was
also amended by section 5. chaper s5
page BAT, Session Laws OF 1918, and
this amendment makes no mention as
to how this petition shall be filed OF
the number OF signers that are to be
placed upon the petition for any OF the
offices. and in fact amounts to a re-
peal Of the entire section in that re-
spect. know It was the intention T.
repeal this particular method OF placing
nominations upon a primary ballot, and
although section mentions that pc
tition shall be filed in lieu Of fee, YET
there Is no method provided for in the
law as to how this petition shall BIZ
presented and as to the number Of
names that 1t shall contain and what
divisions OF the state or counties thu
names shall be gathered from.
TT is very evident that the portion
OF section 6 which mentions the mattel
of a petition is imperative. and thi
office has so held heretofore, and It /!
my judgment that there is no way tina
a candidate can get upon the primar!
ballot by petition.
Every truly yours,
~ II. PETERSON,
Attorney General