The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1926-10-07
LAW PREVENTS THE
FILING OF PETITION
MOVE TO ENTER CHARLES
BRUCE AS LEGISLATIVE
CANDIDATE HITS SNAG
STICKERS CAN BE USED
ATTORNEY GENERAL RULES ON
QUESTION ON WABASHA
COUNTY CASE IN 1918

fOllOWlng Une QedUn OF bernard
Wehlage, Grove township farmer, and
candidate for the lower House of the
Minnesota Legislature, an effort was
made by a number of citizens to get
a candidate to oppose Zeno Moses of
Melrose, the only remaining candidate
on the ticket.
Thursday of last week a delegation
called on Charles Bruce we'll known
Sank Centre farmer and finally
secured his consent to go on THE
ticket by petition.
Investigation disclosed a condition
the average citizen did not know ex-
listed, inasmuch as candidate for a
non-political office cannot file by
petition if there is a remaining cam
didate on the ticket after the prin-
aries.
At the June primaries there were
only two candidates for this position
and both We're automatically nomin-
ated. Had there been third man in
the primary race he would have been
advanced as the second man ON the
ticket at the General election, follow
ing the death or withdrawal of either
of the other candidates.
Attorney l.. l.. Kells' was commits
stoned to draw up the petition. for
Mr.. Bruce. With his usual care he
checked up the matter very carefully
so that when the petitions were ready
for circulation they would be i'm form,
Attorney Generals office had rem
dered decision affecting the filing
by petition of candidate for the
office of county auditor of Wabasha
county. The opinion bars the circula-
tion of a petition for Mr.. Bruce, as
the legislature of Minnesota is on a
non-partisan basis.
The opinion was handed down by
Assistant Attorney General, ROLAND
Smith, and is as follows:
County Auditor,
| WabaSha County
Dear Sir:
The name of a candidate
for county auditor cannot be
| placed ON the general election
ballot by petition in place of
deceased nominee. A blank space
will appear on the official ballot,
/ which may be used by the voter
writing therein the name of a
candidate or by FASTING a sticker
in such space and making a cross ~
after the sticker as though the
name We're originally printed
thereon. M there had been three
candidates for nomination, then,
upon withdrawal of one of the
two receiving the highest num-
Der of votes ait the primary cleo
ton, the men receiving the
third highest number would be-
come automatically a nominee
(See Section 325, G. S. 1913,
Ops. 191, 1872, Atty. Gen. Rpt.
1914. There is no vacancy on
the general election ballot as to
amy nonpartisan office (the Of
flee of county auditor is nom
partisan office) so as to permit
the making of nonpartisans by
petition, when there is nominal
ed and available lat the time of
making up the ballot one person
for, each office to be filled (See
OPP. 1913, Atty Gen. Rpt. 1910.
Yours very truly,
ROLLIN L. SMITH,
Asst. Attorney General
October 2sth, 1913
IL the 0ff4ce We're pOllUlca1 one
and candidate of a political party
died or withdrew, the committee of
that particular party could name
candidate to go on the ticket.
The only method in which oppon-
ents of Mr.. Moser can vote for Mr..
Bruce or any other candidate is by
the use of stickers or writing the
name ON the ballot. An unpopular
candidate whose name is printed on
the ballot will have a big advantage.
over any other candidate.
| AT the present time those who were
backing Mr.. Bruce for the nominal
ton are somewhat Gin the air.