Who Gets to Vote in the Primaries?

In order to set at rest all doubt as to the legal qualifications for voters at the Republican primaries, City Clerk Stewart yesterday obtained from Corporation Counsel Scott an opinion on the subject, in which he says: 'You will understand that an opinion from this office upon the question propounded does not come strictly within the line of my official duty; hence I do not pretend to say that any voter would be bound to follow the advice so given, nor would an opinion from me be binding upon the judges of the election; yet where the political party prescribes the qualifications of voters at primaries by resolution under section 470 of 1st Hill's Code, it seems to me that the right to vote at a primary election includes the qualifications necessary at a general election, in addition to those which may be prescribed by the central committee. Subdivision 5 of section 470 reads: The qualifications required for voters, in addition to those prescribed by law. The qualifications required by law for voters may be found in section 1 of article 6 of the constitution of this state: All male persons of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all elections. They shall be citizens of the United States; they shall have lived in the state one year, and in the county ninety days, and in the city, town, ward or precinct thirty days immediately preceding the election at which they offer to vote; provided, that Indians not taxed shall never be allowed the elective franchise; provided further, that all male persons who at the time of the adoption of this constitution are qualified electors of the territory shall be electors. Section 7 of said article of the constitution authorizes the legislature to enact a registration law and to require a compliance with such law before any voter shall be allowed to vote. The legislature of this state has enacted a registration law, being the act of March 27, 1890, found on page 1441, 1st Hill's Code. Sec. 439, 1st Hill's Code provides: No person shall be entitled to vote at any election in any such city, town or precinct who is not registered according to the provisions of this act. The registration shall not be conclusive evidence of the right of any registered person to vote, but said person may be challenged and required to establish his right at the polls in the manner as may be required by law. And every person, when offering his vote, shall, if challenged, hand his registration certificate to one of the judges of election, who shall receive and file the same, and at the close of said election deliver said certificate as a part of the election returns to such city, town, county or state officer as by law provided. It will thus be seen that to entitle anyone to vote at an election registration is a necessary qualification or prerequisite. The primary election law was enacted at the same session of the legislature, and may be found on page 152, 1st Hill's Code. I have quoted subdivisions of section 470 of said act, in which the legislature declares that the central committee may prescribe the qualifications in addition to those required by law. Section 473, 1st Hill's Code, prescribes the duties of judges of the primary election, when a vote may be rejected and the penalties for the violation of said act. Said section provides that the judges may entertain objections made by any qualified voter under said published call or notice to any vote which may be offered on the ground that the person offering to vote is not entitled to vote under the terms of said call for said election, or that he is not a citizen of the United States, or a legal resident and voter under the general election laws of the state in the election precinct, ward, township, or district for which the election is held, etc., and it shall be the duty of the judges, if the objection be not withdrawn, to administer to the person so offering to vote an oath or affirmation that he will truly testify to all matters relating to his qualifications under said published call or notice and under the general election laws of the state, and if the person objected to shall refuse to answer the questions asked, the judges shall reject the vote, and they shall also reject such vote unless such person shall file with them a written or printed, or partly written or printed statement that he is a qualified voter of the election precinct in which said election is held, and entitled to vote at such election. A qualified voter by express provision of the statute means, in addition to all other requirements, that he shall be registered according to law. To be entitled to vote at the election these requirements must be met by the voter, and a failure to do so renders him disqualified to exercise the right of suffrage. I do not think this a mere regulation, but, in my judgment, a compliance with the requirement of this law is just as essential to the qualification of a voter as that he is a citizen of the United States and has resided within the election precinct for the time fixed by the constitution. If the statute requires that the person challenged shall show that he is a qualified voter before he would be entitled to vote, then, in order to ascertain what a qualified voter is, recourse must be had to the statute and the constitution. If the judges of these primary elections may dispense with one qualification which is prescribed by law, they may dispense with all other qualifications. That law was enacted to prevent fraud at primary elections, and for the sake of good government it is essential that primary elections should only be conducted by men who are entitled to vote for the parties nominated at the conventions. My attention has been called to the case of Armour vs. Tacoma, 6 Washington, page 152, in which the court holds in an election ordered in Tacoma to authorize the city to purchase waterworks and light plants, that there is no state law requiring registration of voters at elections to decide upon propositions for purchasing waterworks and light plants, and bonding the city to pay therefor. The court says, on page 164: Section 467 (1st Hill's Code) declares that the provisions of the law shall apply to all elections for municipal and other officers; but we fail to find any application of it to elections of this kind. It will be seen from an examination of that case that it was not an election for the election of officers, but one providing for the purchasing by the city of an existing plant of a light and water company; while the statute for registration of voters expressly declares that the act requiring registration of voters shall apply to all elections for national, city, congressional, district, county or municipal officers, and does not provide that the act shall be applicable to an election to vote bonds, or for any other purpose except that for the election of officers, and the primary election law, as I have stated herein, expressly provides that the voter at such primary election is a qualified voter of the election district in which such election is held, and entitled to vote at such election.'