Watson's Magazine, Vol. IV, No. 1, March, 1906Various
General
Watson's Magazine, Vol. IV, No. 1, March, 1906
Various
United States -- Politics and government -- Periodicals
times and places.
Where it is entirely optional with a party, whether or not to nominate
by primaries, having decided affirmatively the party must conduct such
election strictly in accordance with the statutes. The first primary laws
made past acts the test of qualification to take part in a party primary
election. But later laws incline to accept future intentions instead,
while New Jersey, at least, requires both faith and works. Kentucky’s
court has held that the Constitutional provisions relating to elections,
do not apply to primary elections, but most courts that have considered
the subject, take the opposite view. Massachusetts holds that a primary
law is not unconstitutional in authorizing printing on the ballots, the
names of candidates presented by a certain number of voters, if blanks
are left for the insertion of the names of other candidates not so
presented. But Minnesota denies this poor boon to voter and candidate,
and says that no blanks need be left in which to write a name.
In many instances, only parties casting a certain percentage of the total
vote are privileged to avail themselves of the mandatory laws, and such
limitation has been upheld where ample provision is made for nominations
in other ways, by the minor parties. In some of the laws, the procedure
is minutely detailed; others are very brief and general. Some leave much
to the party rules and machinery already in existence, or that may be
provided, and even expressly declare that the party’s rules shall govern
in matters not provided for in the law. While the provisions of a primary
law may apply only to general elections, seemingly to the exclusion
of special elections, it is not therefore a special law, within the
Constitutional meaning of the term, and in all elections to which the act
does not apply, the old statutes will govern as before the passing of a
primary law. Nor is a law rendered special by requiring direct choice of
the candidates in a single ward or township, while for larger divisions,
delegates are selected to hold nominating conventions. A New York statute
distinguishes between municipal and other elections in determining party
affiliations, so that a man may claim party regularity, though voting
differently at will in city affairs. The inalienable right of the people
to call Cincinnatus and Putnam from their plows, when the office seeks
the man has been vindicated by the Supreme Court of Michigan.
Public-domain text, read in full here on John Shaqi.
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