The Kadoka press. [volume] (Kadoka, S.D.) 1923-current, 1924-03-21

4 'NSAA WHY NAAN \ "
organized counties.
Sections 1866, 1866 and 1867 O
the Revised Code of 1919 are a
follows:
"Sec. 1866. Persons Entitled t.
Vote. All persons residing in an.
of the unorganized counties of thi
state, having the qualifications O
electors of this state, shall hav'
the right to vote at all election
held in this state for all state ant
rational officers and upon al
questions submitted to a vote O
he people, in the same manne
and to the same effect as if sucl
persons were residents of organ
ized counties.
Sec. 1885 Precincts. At cacl
and every state or national election
held in this state, the board ot
county commissioners of the coun
y to which any unorganized coun
ty is attached. shall at the time
md in the manner provided by law
FOR the establishing of voting pre-
cincts and appointing Judges OF
elections in organized counties
establish in such unorganized
county or counties voting precincts
md appoint judges of elections
who shall be residents of the pre-.
cincts in which they are appointed
TO act. and shall provide booths
Nallot boxes and other supplies for
such precincts and perform such
other acts as are necessary for the
carrying out Of the provisions of
this article.
Sec. 1867. Ballots Provided
The county auditor of the county
to which any unOrganized county
is attached shall at every state
and national election held within
this state provide printed ballots
for each voting precinct in such
unOrganized county, in the same
manner as for the voting precincts
in the organized county; except
that such ballots shall contain the
names of candidates for state and
national offices only and only such
questions as are submitted to the
electors of the whole state
| do not believe that the fore
going sections authorize the hold
ing of the party primary in un-
organized counties. or provide any
machinery for such. The weight
of authority is to the effect that
the word election" as used in
general constitutional and statu-
tory provisions does not include a
primary election. 20 G. J. ia. Our
own Supreme Court has said: 1T
is for the party to nOminate; for
the people to elect. The sections
referred to became the law of this
state before we had a party pri-
mary election law, and the elect
ions referred to in said sections are
clearly general elections, at which
all state and national officers are
elected and all questions submitted
to a vote of the people are deter
mined. The time for the action Of
the county commissioners referred
to in 1866 is in September, and it is
made clear that the ballots refer
red to in Section 1867 shall con-
tain the names of candidates for
state and national offices only, and
only such questions as are submit
ted to the electors of the whole
state" No reference is made to a
ballot to contain the names of
for nomination.
No provision has been made by
law for the payment of the ex-
penses of holding a party primary
in an unOrganized county. Sect
ioa $3.50. Revised Code, as amended
by Chapter 3O5, Laws of 1923,
authorizes the county commission
crs Of each organized county to
which any unorganized county is
attached to levy taxes.
%. For all costs of general elect
ions and assessment, extension and
collection of taxes in such un-
organized county"
Section 72l1, Revised Code, pro-
vides in part that "On the first
Tuesday after the first Monday in
November of each even numbered
year, an election shall be held at
the several election precincts.in the
state, which shall be known as the
general election"
Thus by special statutory provis-
ion. the term general election"
refers to those elections held in
November of each even numbered
year, at which elections candidates
for election are elected, rs dis
tinguished from the party primary
election at which candidates for
nomination are nominated.
Chapter 1888, Laws of 1923, pro-
vides that mo elector in the State
of South Dakota shall be permit
ted to vote at any party primary
election unless he is duly register
ed as hereinafter provided, or un-
less he shows by substantial affi-
davit that he is entitled to vote in
such primary"
Under this law, the auditor mails
registration cards only to electors
of his county. and he prepares the
party registration book only for
each precinct of his county, and
no provision is made for the party
registration of residents of un-
organized counties.
The question is a difficult one,
upon which the court decisions
shed little light, and my conclus.
ion that there is no provision OF
machinery for the holding of a