Arizona republican., 1918-09-27
SOLDIER VOTE NUT BARRED BY
 40-DAY LIMIT I
Opinion From Attorney Gen erals Office Just Made
 Public Rules Ballots May
 Be Sent Soldiers Any Time

fThat Inc limit of 40 days before lection in which the certified ballots must bc sent Co the absent Arizona elders, according to the legislative ari passed at the last special ses- nn, is no bar to the vote of those elders ls the opinion of the attor- ntt generals office. given out yester- af, The assistant attorney general, V J. h. Mcbride. rules that the bal I1', may nc sent 10 the soldiers as s2'u as printed and prepared for the mlils and that their vote may be tfkrn and counted
 tIhe fO-day limit expired yesterday. N tntt time there were two counties 1 Arizona from which the official re- iirna or thc primaries of September 70 had not vet been received Thus 1T was impossible for the secretary of tltr fo certify to the candidates Imin9tcd and have the ballots iiutcd.
 Board Asks Opinion
 According Co tho legislative act, it fis held hy many that these ballots 'R 10 not be prepared and sent to the 'aldicrs within that limit, the sol ,sers were barred from voting in the gmins general election in November. sln answer Go a letter sent by Clar- ofco L. Standage, clerk of the board I supervisors of Maricopa county, a.hinc for a ruling on the 40-day eitusc. the attorney generals office -avc an opinion as follows
 Hr dear Mr. Standage.
 We have your letter of September fth m regard Co, the Soldiers Voting lnw, which you claim provides that ufllots shall be mailed to the men Il military service forty days before otction. and in which you report that rnc Secretary of State has not yet made canvass of the recent primary election. making it an impossibility to -ct Inc ballots made up, printed and mailed within the forty days.
 Says Intent Is Plain
 Tho sections to which you refer are section [ and Section ] of the Sol dicrs' Voting Bin. and we are sure that the meaning of these sections is very plain and that the intent of the legislature is clear 10 the effect that inc clerk of the board shall prepare inc blue envelopes as prescribed, at loaN forty days prior to any state wide primary or general election; and further that it is the duty of the clerk of tho board Of supervisors to mail by registered mail. taking receipt there. fore. a ballot to every qualified mill tarv voter whose name appears or Inc military register at least forty days prior Co the primary or genera election.
 We take it that this "at least forty days from it's position in the sen. tcncc, and from the general content o thc act. applies to the time of tn, closing of the military register in tho clerks office and does not apply tt Inc date on which the clerk shall mai ihc ballots. To hold otherwise, would be in rorogation of the rights con fcrrcd upon military voters by the ac itsrf inasmuch as it is of genera knowcldge that serious delays occu in making official returns from tn various counties to the secretary O state. You will. therefore. be gov crnod by this ruling, and at the earli os' possible moment. prepare from tn secretary Of states returns. the off cial military ballot which should thel ho forwarded immediately to the mo in military service.
 Fears Another Contest
 10 has been brought to our atten iion that should ono or the other 0 Inc great political parties of the stat fail to secure the election of thei nominee by means of the militar vote. that the state might again b nhinged into long drawn-out an costly legal contest, but as an Ameri cfn. [ cannot conceive of anyone wh wpuld for political purposes or other wise seek to place an obstacle of an description in the way of the bray hoys now offering their lives for tru democracy. casting a ballot in tn cfning general election. Such an aC len would be too base 10 merit an cqnsideratioq on our part.
 Wc have taken the liberty of pub usiing this reply in order that it ma rcach an of tho county boards at tn C.tlicst possible moment
 Yours very truly.
 r. Nf.nnTT,IT