The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1916-07-29

gencies which may arise under the |
provisions of that section, the act
would be impossible of enforcement.
Our attention has not been directed
to any specific provision of the con-
stitution which this section violates.
Ii the officers and party representa-
:ives named in this section perform
the duties prescribed, no manifest
difficulty would arise in carrying out
the provisions of that section. We
think if not within the proper prov
ince of the court, in a proceeding of
this extraordinary character. insti-
tuted virtually ON the eve of the cleo
ton, upon what the effect would be
should certain possible contingencies
arise under the provisions of this
section.
Registered Voters
1t has been commended that the
Act is void because the provisions OF
sections IL and IA together limit
the right to vote at the primary ell
ection to electors only who have duly
entered upon the register the desig-
nation of their party utilization. 1t Is
we'll settled that requirements for
registration of party utilization as
prerequisite to the right to vote at a
primary election as reasonable reg
ulation and valid exercise of legis-
lative power. r. c. L., p. 1875,
Sec So
In this connection, the question
was suggested in the arguments OF
respective counsel as to what regis
tration controls for use at the pri-
mary election. The question is one
of great importance and doubtless
will result in future litigation unless
now determined.
Relating to Primaries
We think it clear that the specific
kprovisions of sections IL and IA re-
lating to primary elections are con-
trolling as to what electors are en-
titled to vote at the primary election
Sec L. Of the Act in question, in pre-
scribing as to qualifications and reg
ulation of voters at the primary cleo
ton, among other things provides
that the same officers who prepare
and furnish registers for genera
elections shall prepare and furnish
them for use at primary elections
and it is made the duty of these off
cers TO furnish and certify lists o
the voters entitled to vote at sucl
primary elections
In providing as to how the regis
ter for such primary election shall
be made, the statute sets forth:
Registration Requirements
"Said register shall be made b.
taking the names of all voters on tn
register used at the last general cleo
tion in the city, precinct or county
together with supplemental register
or additions showing all additions
registrations, changes and corret
tions made since the last genera
election. The supplemental register
) to be made as follows: All person
! entitled to register or vote at an
t primary election in any precinct, cit
r or county whose names are not upo
e the register, or who may be entitle
y to transfer their registration, sha
e be entitled to be ragi stored or tran
y ferred so rs TO enable them to vo
IS at such primary election, aud fl
e that purpose it shall be the duty
n the officer charged with the resi
ct tration of voters of such precin(
lie city or county, to keep his office op'
c. for at least fifty days prior to tt
t. days Immediately preceding sucn pl
lie mary election" (Stats. 1915,
Mt 457.)
r Reverses Previous Decision
o. 1t is clear to our mind that und
at the provisions of the section quote
so all voters whose names appeared
IS the register used at the last genel
ms election in any city, precinct,
e. county, are, by the terms Of the a
he regarded as duly registered elect(
mt for the primary election contempl
H. ed by the law and their names are
p be certified by the proper officers
he having been duly copied from
an registration lists of the last gene
Or election.
it In addition to this register of v
W. ers a supplementary register is p
- vided for by the section, and t
la supplemental register makes pro
as sions for the registration of any '
OF, ers entitled to register in any p
he cinct, city or county, whose name
re- not upon the register of the last 6
by eral election in such city, precinct
ap- county The registered voters VIII
ere names appear upon the certified !