118 N.W. 225 | N.D. | 1908
Application by the state, on the relation of Francis Cooper and others, for a writ of mandamus against Alfred' Blaisdell, as secretary of state, directing him, as such official, to> certify the relator’s names to the several county auditors of the state for printing on the official ballot to be used at the general', election in 1908, as candidates for offices, respectively, as follows: Francis Cooper and E. D. Herring, for representatives in Congress; L. F. Dow, for Governor; Valdomar Gram, for Lieutenant Governor; A. G. Brastrop, for Judge of the Supreme Court;Odin Stampro, for Secretary of State; M. Brumwell, for State-Auditor; E. J. Moore, for State Treasurer; A. E. Bowen, for-
The certificate filed by the relators, or, as they' term it, “the petition,” complies in form with the provisions of section 501, Revised Codes 1899. That section contains provisions whereby a candidate may be placed in nomination by individuál voters, without the action of a party, through either the primary or the convention system prevalent when said section was enacted, the names of such candidates to be printed in the column for individual nominations on the Australian ballot. Section 34, page 164,'chap-ter 109, Laws 1907, known as the “Primay Election Law,” reads: “Nothing herein contained shall be construed as repealing or being
The official duties of the secretary of state, with reference to certificates of nomination made in the manner referred to, are purely ministerial. When a certificate in form complying with the law is presented to him within the proper time, it is his duty to place the same on file in his office, where it remains subject to the inspection of candidates and the public. The secretary is an impartial official, and in his capacity as such cannot take sides, and certify to the county auditors the names contained on one petition and refuse to certify those on another petition or certificate valid upon its face. If other candidates or any qualified portion of the public desire to question the genuineness of the signatures, or the qualifications of the signers, they have a right to do so, and the right to test the legality of nominations devolves on them, and not upon the Secretary of State. The certificate is prima facie evidence of the facts which it recites, and if the Secretary of State were permitted to assume judicial duties, which he must do if he can go behind the facts recited, it would be possible for him to work great injustice and hardhsip to candidates, and render it in most cases impracticable, i'f not wholly impossible, for candidates to prove the genuineness of all signatures, or that the requisite number of signers were duly qualified to make nominations. We refrain from any extended discussion upon this question because it has been passed upon in state ex rel. Plain v. Falley, 8 N. D. 90, 76 N. W. 996, and we think that the reasons given by this court in that case are conclusive. See, also, State v. Benton, 13 Mont. 306, 34 Pac. 301.
The Secretary further objects that the certificate of nomination is not verified. Reference to the law itself discloses that no verification is required.
It is also alleged that the certificate or petition does not state, in not more than five words, the party or principle represented by the candidates, and that the principles of Socialism have not been agreed upon with sufficient uniformity to give any definite meaning to the words “Socialist Party” when used to designate a political party. The certificate in question represents that the candidates named are nominated as candidates of the Socialist party. This
We are of the opinion that the Secretary of State erred in failing to certify the names of the candidates to the county auditors for the offices named.
The writ will issue.