87 Minn. 221 | Minn. | 1902
The application having been submitted after oral argument, the following decision was filed September 10, 1902:
Upon the affidavit of the relator, alleging that certain errors have been committed by the respondent in making up the official ballots for the primary elections to be held in the county of Mower on September 16, 1902, an order was made by a justice of this court, requiring the respondent to correct such alleged errors, or show cause before the court why he should not do so. The
This presents the question whether, in making up the official ballots for primary elections, blank spaces or lines must be left after the name of the last candidate for each office, and under the title of each office for which candidates are to be selected, wherein each elector of a party may write the names of the candidates of his choice. No such spaces were left in any of- the ballots here in question. Such being the case, are the proposed ballots in accordance with the requirements of the primary election law? The necessity for a prompt answer to the question, to the end that the ballots may be printed and distributed in time for the election, limits us for the present to a bare statement of our conclusions, to be followed in due time by a formal opinion. We answer the question in the affirmative, for the primary election law does not require such blank spaces to be left in the primary ballots. The law, so construed, is constitutional.
Therefore, it is ordered that the application to correct the ballots in this case is denied, and the order to show cause discharged.
On October 17, 1902, the following supplemental opinion was filed:
This case having been presented at a time when it was impossible to prepare a formal opinion, a short decision was filed, giving the conclusions of the court, and we now proceed to state in detail our reasons therefor.
As stated in the previous decision, the case presents the question whether, in making up the official ballot for the primary election, blank spaces or lines must be left after the name of the last candidate for each office wherein the elector may write the name of his choice for candidátes; and, further, if the law does not make such provision, then is it constitutional? This law defines political parties for the purpose of nominating candidates to go upon the official ballot, and provides a method of nomination by ballot; provides how candidates may file notice of intention to be such,
“Except as herein otherwise provided, the following sections of said general election law are hereby made applicable to primary elections and primary election ballots under this act, to-wit: §§ 23, 24, 25, 2G, 29 and 30.” Laws 1899, c. 349.
And again, in section 5 (Laws 1901, c. 216), except as herein otherwise provided, several other sections of the general law are made applicable to the primary election. Section 25, here referred to,- is Laws 1893, c. 4, § 25, afterwards amended by Laws 1901, c. 109, § 1; and it is this section which contains the provision as to blank lines. The other sections adopted by the primary law have reference to the method of determining the number of ballots, general description of ballots as to size, paper, color, ¡method of printing, method of voting, initialing of ballots, regulation of polling places, challenge of voters, manner of voting, and violations and penalties for fraudulent voting. It is evident that it was not the intention to incorporate into the primary law that part of section 25 of the general election law having reference to blank spaces, for the reason that such provision is inconsistent with the main purpose of the primary act. Its terms are plain and consistent. The language of the reference is, “except as herein otherwise provided,” and we think it is “otherwise provided,” and that section 25 and other sections so far as adopted, have reference only to those matters not already defined and provided for by the primary law.
If the election of candidates to the position of nominees is an!
“Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the United States one year and in this state four months next preceding any election shall be entitled to vote at such election in the election district of which he shall at the time have been for ten days a resident for all officers that now are or hereafter may be elective by the people.”
By “officers” is meant the executive or administrative agents of the state or the governmental subdivisions thereof, and the election mentioned has reference only to the selection of persons to fill such offices. The election thus defined canno't reasonably be given so broad an interpretation as to include the selection of nominees for such offices.
The evident object of the legislature in passing the primary law was to cure certain abuses which had grown up in the course of time in party organization, and it cannot be seriously questioned that it was within the power of the state, in the interest of public order and good government, to provide a general method by which party candidates may be selected; and the only remaining question, which goes to the constitutionality of the act, is, has the legislature, in adopting this law, overstepped the bounds of reasonableness? In other words, is the law so restrictive in its measures that there is an unwarranted interference with the elector in voting for nominees?
In the first place, we must keep clearly in mind that the law is dealing with political parties or organizations. It is based upon the theory that organization, or party, is the basis of the dissemi
We are of the opinion not only that the legislators purposely limited the electors at the primary election to vote for those candidates who had filed notice of their intention to be such, but that in making such restriction there is no unwarranted or. unreasonable interference with the exercise of the elective franchise, and that the law is therefore constitutional as against the objection raised.
COLLINS, J., absent, took no part in the decision.