The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1922-01-05

the recall election had been denied.
The court, in reaching it's decision,
was compelled to go to the laws of
general elections for guidance in the
recall election law itself.
"ln cognate law, existing prior to
and at the time of the adoption of
the recall constitutional amendment,
says Judge Bronson in the opinion,
1.-The duty is imposed upon the secre-
tary of state, concerning initiative
and referendum petitions, to pass up
on each petition and if he finds it in
sufficient to notify the committee for
the petitioners and allow 20 days for
correction or amendment. His de-
cision in regard to any such petition
is made subject to review by this
court. Article 26, constitutional
amendment. It is further provided
in such article that if the sufficiency
of such petition is being reviewed at
the tipe the ballot is being prepared,
the secretary of state shall at the time
the ballot is being prepared place the
measure on a ballot and no subse-
quent decision shall invalidate such
measu if at any such election it is
approved by a majority of the votes
cast thereof.
"The petitioners assert" continues
the opinion after discussing the du-
ties of the secretary of state, "that
a valid election cannot exist based
upon invalid petitions; that the ex-
istenee of sufficient petitions for a
recall r conditions precedent to the
calling of holding of a valid special
election and any election not so called
and held is necessarily void. 1t re-
mains to be seer whether this prem
Use, asserted by the petitioners, is cor
rectly based upon the present app1i-
cation and the constitutional amend
ment concerned.
"For purposes of illustration it may
be supposed that the sufficiency of re-
call petitions, as to the number or
qualifications of the signers thereon
had been questioned before the hold
ing of the election, either before the
secretary of state or in an appropri-
ate proceeding and it had been found
that by reason of Implications of sig
natures, lack of legal signers and
illegalities of procedure such recall
petitions contained 1000. 5000 or ev-
en- 10000 signers less that the num-
Der required by the constitutional
amendment Would it then be assert
ed or commended that no recall cleo
ton could be held IL sufficient and
qualified signers additional were sub
mitted and the petitions relied?
Neither the constitutional amend
ment nor any supplementary legisla-
ton provides when such petitions
must be signed or filed. Furthermore
for purposes Of illustration, II may
he supposed that At the recent recall
election the officers sought to BE- re-
called were retained by a majority
vote of tho electors similad to that
BY which they were defeated. The
constitutional amendment provides
that, after one such petition and spec
ia1 election, no further recall petit
|tion shall be filed against the am
officer for the term for which he was
elected. Would ii be asserted Or con-
tended that, subsequently, recall pe-
titions can be filed against the same
officer upon the ground that the r.
call petitions previously filed were In
valid and the election held thereupon
void? II p~etitioner's position be u