The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-05-30
Oh opinion
Is Given by Attorney General
Lilly on New Primary Elec-
ton Law of State.

Lily on New fElHldIy EieG
ton Law OF State.
ADDRESSING himself to the Rev G.
w. Ogden, of Beckley. A. L Lilly, at
torney general of this state. gives
the following opinion concerning the
new primary election law OF West
Virginia:
I have before me your request for
an opinion upon the primary cleo
ton law passed at the last regular
session OF the legislature which is ac-
companied by a letter to you from
the Rev. ]. ". Bedford. chairman Of
the state executive committee OF the
Prohibition party, Of Parsons. In which
he desires to know especially II this
law prevents the nomination OF. can
dtdates in the various counties by
minority parties who have not polled
three or five per cent OF the total
vote; and If this law does notSso pre-
vent. can the minority parties nom
mate under the former law until they
reach the necessary per cent prescrto-
ed under the new act2 He also de-
si-es ro know II. where nominations
are made by a minority party which
noued less than the required per
cent, will any fee be required OF the
candidates IN order to be placed up
on the Official ballot .
These questions consider are an
severed by the terms OF the statute
itself By referring to the latter part
Of section 1t will be noted that for
the purposes OF that act. a poatlcal
party shall be taken to be an anna anna
ton OF electors representing a poilti-
cal party or organization, wn2cn az
the last preceding general election
no1Ied for its candidates for repre-
sen1arives in Congress in the several
districts, at least FIVE per cent OF the
entire vote cast for that ONCE in the
state 1t seems TO be reasonably
clear that political parties WITHIN tne
meaning Of this primary election law
ACT are measured as such by the vote
cast for representatives N Congress
in the entire state. SO that 10 oe q
political party within the meaning OF
the act it would require a vote OF at
least FIVE per cent of the entire vote
cse+ in the state for representatives
II Congress. -.
be nominated Otherwise than by On,
rec+ primary election The method
OF nominating such candidates IS SET
out fully in section % Of the act
II is provided IN that section that
+f1e person so nominated shall not-oe
.13,~st,1a hold the Office fOT WHICH
ond5a+e 11ntif the sums as
n ne = =, seton. a2 OF the act shall
pSosto 80. - 1sfd Thss reference to
n S'I5 oe 90 a,,s[5s,t1r means the sums
$500 :, saction 21 required to be
ples ~ AZ 49, os1d3dates 6or the var
pa e ~ se IN the state and the var
1 1ous oI 49, no,,tsc.f DIVISIONS therein
Ious ro,,r oopya r1i an here quot
t Eor oat 20 90 shoTe refe-red to In
Ing $50
us ..., Tnsti e.s.na =, eat6 general PR
Ieetso. and +1,e ner diem of
49, $780, s%oa1e Gb.,I he: 1,aid BY the
elec.lon ol1 81 s .ane ss other cleo
coones Soas :, ~ re now provided for
sio1 s sssIA s,ss ,rerersl law provided,
ana paao ~ go 70 a1y Tnember
tnat no ellsea ~, shan he
o. any eA slHis aS Soar,s,.s
N ~, -l,,1i o45c. NAV be
anal NE l 49,. ges- 45sn nv direct
Hs.nLaA. s1ao+lo,, n s,1ch case GER
prsr1ary sieTtao o. a:1S5 h. voters
ttncate snai $50 d5s4r,c4 ar
sesedenl 1aenin e4 +e- Ebich the can
PoilIaci ss.e y :, ,,,-,,,er eo1I-1
d1oa1e IS pIesent es AZ ~ an.i-e yo+e casT
g. nse per eT araeeds M e1ect.on IN the