For the McCartney amendment and in effect against the bill agreed upon by the anti-machine Senators: Bates, Bills, Finn, Hare, Hartman, Kennedy, Leavitt, McCartney, Reily, Savage, Weed, Willis, Wolfe - 13. [41] Cutten showed that Section 13, Article XX of the State Constitution provides that "a plurality of the votes given at any election shall constitute a choice where not otherwise directed in this Constitution." Senator Cutten then proceeded to demonstrate that a primary election is an election within the meaning of the terms used. The Supreme Court of Indiana has so declared, and, coming nearer home, Cutten showed that the California Supreme Court has so held also. In The People vs. Cavanaugh, 112 California, the Supreme Court held that any primary election that should become mandatory becomes an election and only those primaries that may be optional with a party as to whether or not they should be held, are not elections. The Wright-Stanton bill and the Direct Primary amendment to the Constitution make the direct primaries mandatory, nor is there anything in the State Constitution providing that anything other than a plurality vote shall be required to nominate. For the Legislature to have yielded to the machine's demand that a majority or high plurality vote be required to nominate and inserted such a provision in the Direct Primary bill, would have been to render that measure unconstitutional, for under the plain provisions of the Constitution only a plurality vote can be required to nominate. Were a majority or even high percentage plurality vote required to nominate, the Direct Primary law would have been made unconstitutional, because: 1. A plurality might not be equal to the percentage or majority. 2. A percentage or majority contemplates a convention to nominate in case the candidate does not receive the percentage or majority, and a convention, the best authorities hold, is prohibited under the constitutional amendment providing for the primary election. Chapter X. Fight Over Assembly Amendments. Machine Succeeds in Amending the Direct Primary Bill in the Assembly - Assemblyman Pulcifer at Critical Moment Votes with the Machine - Senate, Although Held Up By Machine Element for a Week, Refuses to Concur in Assembly's Action. The machine Senators, having failed to amend the Direct Primary bill on its second reading, apparently accepted their whipping, and allowed the measure to go through third reading and final passage without opposition[42]. Twenty-seven Senators at the final roll call voted for it; not one vote was cast against it. Even Leavitt and Wolfe voted for it. The anti-machine Senators had won "a glorious victory."