Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1922-08-05
About Primaries
(From the Yerington Times.

''NN
been received by county clerk Lothrop
/ denying that an elector can vote a
party ballot only when he is affiliated
, with that party, and setting out that
no filing fee shall be charged candi-
dates for the office OF public admins
| traitor.
An ambiguity in the statute cover
ing the period of registration led to
a request upon the attorney general
for an opinion. Mr., Richards inter-
prets the law to fix the period of reg
istration before the primaries as from
June in any general election year
up to the twentieth day next preced-
ing the election.
In holding that candidate for
public administrator is exempt from
payment of filir.S fee with his de-
claration of candidansl Mr.. Richards
states that the public administrators
comes under the general heading OF
officers who receive no compensation.
All such officers are exempt under the
law. The writer says:
"The statute referred to and quoted
specifically enumerates the offices and
the respective filing fees therefor, but
the office of public administrator is
not included. Moreover, the holder OF
the office of public administrator re-
ceived no compensation whatever as
public administrator The office mere
ly qualities him to become administra-
tor of certain estates and for his SER
ices as administrator of such estates, he
is compensated under court order
| Therefore no fee for filing is required. :"
Persons who serve as officers at the
primary election to be held Septem-
Der fifth must do so without pay, ac-
cording to an opinion given by Deputy
| Attorney General Robert Richards re-
Gently regarding Section IA, Chapter
24S of the 1921 Statutes Of Nevada.
The opinion given to District Attor
ney Dunn of Nye county reads:
"We have your letter Of July II,
calling for our official opinion as to
the consttutionality of that portion
of section IA, page 3o4, stats. 1921,
wherein it is provided that officers
at a primary election are not entitled
to receive compensatioii," Richards
says.
."This office has not been prone to
declare a statute unconstitutional ex-
cept in very clear case and OF eX-
treme urgency. Your inquiry, there
fore. is not one of this kind. How
ever. we can see no reason why tins
section should be unconstitutional
because the officers at the primary
election are not entitled to receive
compensation. 1t is not compulsory
for any person named by the COM
mittee Of a political party to serve
as an election officer and this cle-
ment being eliminated, it would seem
that the section is, therefore, con-
stitutional There are many duties
imposed upon citizens to be performed
without compensation-yet the statute
providing for the performance of such
duties has not been declared uncon
stitutional For instance, jury duty in
criminal cases in Justices courts is not
paid for the sheriff may want posse
when necessary-this service is not
| paid for: and surely there is no strong
er reason to pay members OF part,
for supervising their parties primary
| than the instance noted"
| Following is Section IA above re-
ferred to:
| son or before the first Monday III
Julv of each year III which a primary
election is to be held the county CEN
| tral committee Of each political party
for each county shall nominate to the
board of county commissioners OF such
county three qualified electors in and
for each precinct in the county to act
as officers of the primary election III
such precinct in the same manner and
number as now provided by law Tor
the selection of officers of general
elections, giving to each party. as near
as NAV be equal representation. Inc
said officers Of the primary election
shall perform all the duties at the pri-
mary election now prescribed by law
for the officers of election at genel al
elections, and they shall serve at the
prinlarv.election without compensation
from the county or state. 1t shall DC
4 the duty of the proper county oiiicers
to furnish certified copies Of the officla
register, together with the checklists
OF each election precinct, to one OF
the inspectors of the primary electioi
as now provided by law FOR general
elections
4 Lightning Likes Loamy Soil.