Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The Direct Primary Law of 1911[65] abolished all political conventions
except the state convention, but the Direct Primary Law of 1913[66]
went further and abolished the state convention, striking the article
on conventions and even the definition of a convention from the text
of the law. Although the new law contains in section 45 a provision
that nothing therein contained shall prevent a party from holding
a party convention, to be constituted in such manner and with such
powers in relation to formulating party platforms and policies and
the transaction of business relating to party affairs, as the rules
and regulations of the party may provide, not inconsistent with the
Election Law, it was clearly the intention of its framers that such
party conventions should not deal with the most important subject
which parties had theretofore dealt with, namely, the nomination
of candidates for public office. Indeed, section 46, as amended in
1913, expressly provides that designations of candidates for party
nominations shall be "by petition only" in the manner provided in the
Election Law.
The privilege of nominating elective state officers by means of
delegate conventions thus denied by the Election Law of the state
of New York ought, in my judgment, to be recognized as essentially
a constitutional right, which the legislature should not be at
liberty to abridge. The right to assemble peaceably for the purpose
of nominating candidates is certainly a political right of permanent
importance and vital concern to all citizens, and it should be
guaranteed by constitutional provision and not left to abridgment or
denial by the legislature. The present state constitution regulates
the qualifications of voters, the registration of citizens entitled to
vote, and the creation of registration and election boards. But it does
not contain a single provision in regard to nominations for office,
even for the office of governor, although nominations for state offices
are of far greater importance to the body politic than many of the
matters now regulated by constitutional provision or recited in the
bill of rights. I desire to urge upon your careful consideration the
value of nominating conventions as a constitutional right.
Public-domain text, read in full here on John Shaqi.
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