Newspapers / Daily Herald (Roanoke Rapids, … / May 29, 1930, edition 1 / Page 7
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BRUM MITT EXPLAINS NEW BALLOT TO VOTERS ■ ■■ — ■ l - _ Brummit Hands Down Rulings For Primary Answers Questions Relative To Conducting The June Primary With the primary (elections only a short time off and as the Austra lian Ballot will be used for the first time, generally, the following rulings by the attorney general relative to the conduct of the primary are time ly and interesting. Many questions have been asked about the approach ing primary, and to avoid confusion it would be well if possible, for ev ery voter to study the following close ly: Text of Rulinir The ruling of the attorney general follows: At your request I undertake to an . swer a number of questions which 6 have reached you or this office, re ft luting to conduct of the approaching F primary elections, to be held June 7. It should be remembered that the 9 law is designed to afford a means whereby political parties may select their candidates for public office. Prior to the enactment of the primary law. in 1015, such candidates were se lected except in isolated instances un der the voluntary rules or plans of organizations established by each par ty for guidance. The purpose of the act is to establish a method whereby under the law all members of a party may participate in the nomination of its candidates and to restrict partici pation in a primary to those who af filiate with the particular party in whose primary the lector offers to vote. The law as passed in 1915 (now C. S. 6027), required that at the first primary held under its provisions a new registration book should be pro vided and that when a person thereto fore registered offered to vote, he should be asked “With which political party are you affiliated?” and the party affiliation of the voter should be entered upon this registration book. When a new voter appeared for re gistration, it was directed that the re gistrar should ask the same question, and the party affdiatim of the voter entered in the registration book in ac cordance with the answer. This de claration of party affiliation by one who offers to vote in a party primary is generally required in States where party candidates are selected in a le galized primary. When one has registered and had his party affiliations entered upon the registration book as required, he is presumed to be entitled to vote in the primary of the party with which he has declared his affiliation. If he has not declared his party affiliation eith er at the time of registration or does not do so upon demand at the time he offers to vote, the elector would - have no right to participate in the pri mary of any party. There are two and only two political parties selecting their candidates at the prmiary to be held June 7—the Demcoratic and Republican parties. Certain questions have been submit ted with respect to the process of re gistration and tile right to vo;e in these primaries: Kegisrauon questions (1) What inquiry shouid the re gistrar make of a person wiht respect to party affiliation when such per son seeks registration? The single question relating tc par ty affiliation which the registrar should ask the applicant for registra tion is as contained in C. S. “With which political party are you affiliated?” The poliitcal party affi liation of the applicant should be en tered in the appropriate place on the registration book in accordance with the answer if such answer is definite enough for such purpose. Other in inquiries may be made when the right of the elector to participate in a par ty primary is challenged under C. S. C031, and this will be covered at an other place in this letter. Independents Barred (2) Can an Independent vote in a Democratic or Republican primary? No. When one registers as an In dependent, he thereby states that he ia not a member of or affiliated with either of the two parties holding pri maries this year. Therefore, so long as he remains registered as an Inde pendent, he would have no right to participate in-the selection of candi dates for either the Democratic or Re publican party. (3) Does the law provide for put ting Independent candidates on the ballot in the general election? Yes. Provision for and the method by which it may be done is set out in Section 6 of the Australian Ballot Law. No Split Voting (4) Can a voter, registered Re publican, vote part or all of the De mocratic ticket in the primary elec tion? i* No. When one is registered a Re ; publican, or upon going to the pri I inary,declares that to be his party af filiation, he should bo given the offi cial primary ballota of > that party. He I has no right to receive the Democratic primary ballots. One cannot vote in the primary part of the Republican ticket and part of the Republican. In the primary the voter is assisting in the selection of the nominees of the party with which he is affiliated and of which he is a member. (5) Can a voter, registered as an Independent, vote part of the Demo cratic primary ticket and part of the Pcpublican primary ticket? No. So long as he remains an In dependent, he is not a member of ei ther party, and therefore, the law con fers upon him no right to participate ir the primary of either. It should be remembered that these answers relate to the primary. Con fusion on the subject may arise be cause one fails to differentiate a par ty primary from the general election. All qualified voters have the right to participate in the general election. All qualified Democratic voters have the right to participate in a Democratic primary election, and all qualified Re publican voters have the right to par ticipate in a Republican primary elec tion. Can Change Affiliation (6) May one change hi5; party af filiation, and if so wher ? Yes. He may do so at any time prior to participation in the primary election. Although registered as a Democrat, a Republican, or an Inde pendent. the ter, may during the registration peril d or wher. he goes to vote in the pvmnry. declare a change in his party affiliation and ask that the change be entered on the registra tion book. He will thereupon have Hie right to participate in the pri mary of the party with which nc then declares and has recorded hi*. parly affiliation, unless upon challenge his. i ight to participate is decided against him. Challenging of Voters (7) How is the right of a voter to participate in a party primary to be determined when that righ: is chal leged on the ground of party affili ation ? C. S. 6031 directs that the elector shall be furnished with the primary ballots of the political party with which he affiliates, “and he shall not in such primary be allowed to vote a ticket marked with the name of any political party of which he has not de clared himself to be a member. The right of such elector to vote in such primary may be challenged upon the ground that he does not in good faith intend to support the candidates no minated in the primary of such par ty.” In such case it is the duty of the election officials to determine the challenge as a pure matter of fact. The elector may be asked such ques tions as will enable the officials to pass upon the question. They may consider such evidence as may be pro duced, either for or against the right of the person challenged to partici pate in the primary. In the language of the statute, “It shall be the duty of the registrars and judge of the election upon such challenge to de termine whether or not the elector has the Tight to vote in such primary.” Or this subject see case of Brown vs. Costcn, 176, N. C., 63. Need Not Vote at All («) Must an elector vote tor a candidate or candidates for all offices in the primary of the party with which he is affiliated? No. He may vote for a candidate for only one office or more, just as he wishes, C. S., 6031. The ballot shall be counted for the candidate or candi dates for which he has properly voted as required by statute. (9) Are markers to be appointed for the primary election? No. Section 26 of the Australian Ballot Act specifically provides: ‘‘That no markers shall be named or permitted in primary elections. How ever, the voter may obtain assistance at the primary elections in the fol lowing ways. (a) He may ask and secure such aid from any election official at his voting precinct. (b) He may select any member of bis family, who shall have the right to go into the voting booth with him and assist in the preparation of the ballot. (c) Or he may be assisted by any other person requested by the voter and approved by a majority of the election officials. (10) Should separate ballot box es be provided for Democratic and Republican ballots in the primary election ? Yes. Section 12 of the Australian Ballot Act sets out the kind of bal lot boxes to be provided, dependent Dangerous Business Our stomach and digestive systems are lined with membrane which is delicate, sensitive and easily injured. It is dangerous business, then, to uso medicines containing harsh drugs, salts or minerals, when we are con stipated. In addition to the possibility of injuring the linings of our digestive system, these medicines give only tem porary relief and may prove habit form ing. The safe way to relieve constipation is with Herbine, the cathartic that is made from herbs, and acts in the way nature intended. You can get Herbine at Taylor’s Drug Store, Rosemary, N. C. j of course, upon the action of the State Board of Elections in prescribing the I kind of ballots. Section 34 of the Aus- j tralian Ballot Act repeals such part of C. S. 6031 as is in conflict with that act. C. S. 6031 specifically re quired separate ballot boxes “for each political party.’* That requirement hsa not been repealed, but is still in force.” Number of Booths (11) How shall the number of booths for each precinct be deter mined ? Section 17 of the Australian Ballot Act provides: “The number of such voting booths shall be not less than one for each one hundred voters qua lified to vote at such polling places.” The State Board of Elections has adopted a regulation which gives this sentence a reasonable construction and is within the power of the board. Under that regulation, the minimum requirement is one booth for every one hundred qualified voters in a pre conct and an additional booth where the excess number, being less than an additional one hunderd, equals fif ty or more. I approve of such regulation and advise that providing booths in ac cordance with it will be a compliance with the statute. -□ Ernest Bachofen of Geneva pro posed to Miss Emily Spinner on a country ride but told her the next day he couldn’t marry her. She recovered $3,750 damages. There are two ways to take a hill IN HIGH ! i Tlie first way: choose an easy hill! The second way: fill your tank with Shell 400 "Extra Dry” and take any hill. Shell 400 "Extra Dry” is all dry power-producing gasoline that entirely vaporizes at 400° F. into the explosive gas your spark plugs turn into power. There are no heavy drops of kerosene in Shell 400 "Extra Dry” that your car buretor cannot vaporize, that leak down cylinder walls and reduce lubrication, that reduce mileage and power. When you fill your tank with Shell 400 "Extra Dry” you fill your tank with power and you can take the hills in high l Stop at the sign of the Shell * There’s a Shell Yellow and Red service station near you marked by the striking Shell sign. A trained, courteous representative will supply your motor needs with exact understanding of what SHELL GASOLINE and SHELL MOTOR OIL your motor requires to give you the greatest economy and utmost satisfaction. __ Shell Fuel Oils — Shell Fuel Oils exactly meet the re quirements of every oil burner on the market .' and all Shell Fuel Oils are always of a dependably uniform grade. The new Shell Fuel Oil Chart, prepared by Shell Fuel Oil Engineers, tells you the grade of oil to use for your oil burner. Send for, it today. • Now' id SHELL ®’- and feel the difference NEWSOM OIL COMPANY . Wholesaler • Rosemary, N. C. SMITH SERVICE STATIONS, INC. • Retailer • Roanoke Rapids, N.C.
Daily Herald (Roanoke Rapids, N.C.)
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May 29, 1930, edition 1
7
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