Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-02-09
PRIMARY STATUS
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you as we'll as myself may have the
benefit of his opinion. I am sending
copy Of this letter to each of the can
didates in the coming primaries in the
Third District.
Sincerely.
PERCIVAL P. BAXTER,
Governor of Maine.
Attorney Generals Opinion
STATE OF MAINE
Department Of the Attorney General
Augusta
February 6, 1922.
Hon. Percival P Baxter,
Portland Maine.
Dear Governor:
Replying to your question about the
practical application of the primary
voting law, I wish to say that several
questions have been propounded but
think the most of them grew out of
an application of Section IS, Chapter s,
and 1 think the following statement
will cover all the questions.
mo voter has right to vote in a
primary election for candidates for Of
ficc excepting the candidates of his
own party, for the reason that by the
provisions of Section 81, although the
primary election for all parties is held
on one day. the election is. to all in
tents and purposes, an election for
each party.
NO one can vote in primary
election unless he is qualified voter
in a voting district. and has been en-
rolled in one CT the political parties.
"a person may change his enroll
ment at any time according to Sec
ton SO. but shall not vote if the en-
rollment has been changed within six
months prior to the election.
1.-The exception is made in the law
to cover the case of persons who have
not been enrolled in any party prior to
the election and such voters may en-
roll on the day of election by signing
paper furnished by the clerk. and
may vote for the party of his choice
that day, but he must subscribe to an
oath provided by law.
5-Any person taking a false oath
or in any way violating the law rela;-
ing to enrolment is subject to heavy
penalty. If convicted.
6-The enrolment slips on file in the
clerks Office cannot be dated back so
as to take the voters case out of the
six months prohibition limit. and any
person doing so, or any official doing
so, contrary to the law, is subject to
heavy penalty, If convicted.
THE other question, Under what
circumstances can Democrat change
his party enrolment so as to vote
Republican ticket at the primary cleo
ton February 13th?" 1 answer as fol.
lows:
That no Democratic voter can legally
take part in a Republican caucus. IT,
however. a Democrat, six months prior
to the election. has changed his en-
rollment from the Democratic party to
the Republican party. he may vote IN
the Republican primary. but he is
Reput lican and not a Democrat when
he SO votes, within the meaning OF the
law.
S-A Democratic voter who has not
been enrolled in any party may make
a new enrolment on election day and
declare himself to be a Republican and
vote in the primary for Republican
candidates. and when he does so he
votes as Republican.
9-Any person violating any OF the
provisions OF the primary law. as set
forth in Chapters 5, and Z. of the
Revised Statutes, is subject to heavy
penalties, if convicted.
These provisions apply only to
towns with over 1000 inhabitants and
to cities with less than $4,000.
Hoping that this will enable you