The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1919-05-16
/ FRAZIER | / WOULD 4.
!. VIOLATE Law IN
ELECTION DATE
CONSTITUTION REQUIRES 80
! DAYS FOR PUBLICITY AFTER
: FILING OF PETITIONS
HALL CALLS THE TURN

SUBMITS AUTHORITIES, ON SUB
JECT AND OPINION FROM THE
ATTORNEY GENERAL
Contending that the governor can
not legally set North Dakotas refer
endum election for June 26, as Fra
zier has announced his intention of
doing, and suggesting that IF the de-
sire really was to have the voter be-
come familiar with the complete text
of the bills it would seem that the
snort time that remains should not be
shortened" Secretary Of State Hall
today threw monkey-wrench into the
machinery of Townley, Lemke ct al
with the following letter to Governor
Frazier:
Dear Sir:-My attention has been
called to an article in the Courier
News of May stating that:
"'Governor Lynn J. Frazier, taking
cognizance of the fact that the petit
tions are in circulation and likely will
be filed, today announced that the ref
erendum election, should the petitions
be filed, will be held Thursday, June
49,
"You are further quoted to this ef-
feet:
"I have decided on a date for the
referendum on the legislatures acts
early enough to invalidate the imita.
tive petitions
1T may be possible that you have
overlooked that provision in Sec. Is
of the constitution, as amended, read
ing as follows:
- In submitting measures to the
electors, the secretary Of state and all
other officials shall be guided by the:
election aWs until itionel legislas,
don shall be PROVIDE 3. 2sss5ss:5' s:;
Referendum petitions may be filed
with the secretary of state not later
than ninety days after the adjourn
sment of the session of the legislature
at which such mtasuse. was enacted.
tSec. 25 of the .constitution.) Sec.
1863, compiled laws of 1913, requires
the secretary. of state to transmit: to
each county auditor blank forms for
election returns at least: thirty days
before the date, of the election:
!; II IA; Section 979 provides: whenever a
proposed constitutional amendment or
other question is to be submitted to
the people of the state for popular
votes the secretary of state shall, not
less than thirty days before election,
certify the same to the auditor of each
county in the state, and the auditor Of
each county shall include the same in
the publication provided for in Sec:
5975.,'< b. ~ .....
:$ ~ 1t Can't Be Done
B II do not see how this Office can
send out blanks and certificates until
the time for filing petitions has ex-
pired, and if not sent until such time
has expired, of course it is impossible
to send them thirty days before the
election, if the election is held June 26.,
y. II am in receipt of the following
opinion from the attorney general:
I: - :" Your letter of May I to the attor-
ney general has been referred to me
for consideration. You request opin-
ion Of this department. upon the fol-
lowing questions:
3,;S'. 80 j. Do sections 969 and 967, C. L.
.1913, apply to special elections held
pursuant to. provisions of Sec. 25 of
the constitution, as amended?
3 2 is the method Of. publication
provided BY. Sec. Is of the constitu-
ton asS amend ed exclusive. OF should
the measures be submit ted to the peo-
pie BE- published by the county audi
tors, splrsuant to sections 975 and s7s.
~. Lsls1S?
3s.ss IS have given this matter due con.
.sideration and am Of the opinion that
sections 969 and s7s,C. 5L 1918, do
apply TO special elections held pur-
sssuant to the provisions Of Sec. rs of
the consti titution, as. amended, and that
measures submitted to the vote Of the
people pursuant to. said sec.. 25 should
lbe blished By the county auditors
t. sections 975 and e7s, q
1918 S:t
:Sss.s his opinion Is based upon the
following l lroyisions of Sec. Is, as,
amended WIS :s
= IN submitti mo asuress to the.
electors, the .secretary of state and