134 Minn. 258 | Minn. | 1916
Appeal by the contestants from a judgment dismissing their contest of the right of the contestee to the nomination of lieutenant governor.
The statute provides relative to a contest as follows:
“Any twenty-five voters of the state, or of any political division thereof, may contest the right of any person to nomination, position, or office for which said voters h^d the right to vote, on the ground of deliberate, serious and material violation of the provisions of this act or of any other provisions of law relating to nominations and elections. Any defeated candidate for said nomination, position or office may make said contest. Said procedure shall be commenced by petition filed in the district court of the county in which the candidate whose election is contested resides, and the contest shall be carried on according to law.
“In case of contests over nominations, the court shall pronounce whether the incumbent or contestant was fully nominated, and the person so declared nominated shall have his name printed on the official ballots.” G. S. 1913, § 599.
An important question is whether the 25 voters contesting must be voters entitled to participate at the primary in the selection of a candidate of the political party of which the nominee is the choice or whether it is sufficient if they are voters qualified to participate in the primary for any purpose.
The primary election takes the place of the party caucus and party convention. A voter cannot participate in the selection of the candidates of more than one party or of a party with which he does not affiliate. The primary election is in effect a separate primary for each party. Party voters express their choice on separate party ballots. The statute regulates the method of selection but the primary is essentially a party primary. The statutes and the cases recognize that the nature of the primary is as stated. See G. S. 1913, §§ 336-341, 347; State v. Jensen, 86 Minn. 19, 89 N. W. 1126; State v. Johnson, 87 Minn. 221, 91 N. W. 604, 840; Johnson v. Schmahl, 119 Minn. 179, 137 N. W. 741. Voters
What we have said should be understood as applying to the contest of the right of partisan nominees. We have not before us a nomination to a nonpartisan office.
In view of the matter mentioned other points need not be discussed.
Judgment affirmed.