Montana Attorney General Opinion 15-577

Opinion No. 577 Elections--PIimary Election-Legal Holida,ys--Holidays. HELD: Priillary election day .• July 17 1934 is a legal holiday within the m~aning of Section 10, R. C. :\1., 1921. July 16, 1934. You ask whether or not primary elcl'- tion day, ;July 17, 1934. is a lcgal holi- day within the meaning of Section 10, R C. M., 1921. In my opinion it is such a legal holiday. Former Attorney General Poindexter held (G Opinions of Attor- nev General 376) that the presidential preference primary election was a legal holiday. Former Attorney General Foot held (14.0pinions of Attorney General 70) that an election called to vote on in- creasing state indebtedness, as required hI' Section 2 of Article XIII of the c'onstitution of the State of Montana, wa~ a legal holiday. Since that time the Supreme Court (Arps Y. State High- way Commission, 90 ):lont. 152) has held that an election under Section :! of Article XIII of the Constitution is It general election e,'en though called specially. The coming primary election pre- sents a much stronger case than any of the foregoing because it meets not only the definitions given by some cOl;rts that it is one regularly recur- ring in each electi?n precinct of the state on a day deSIgnated by law for the election of officers, but it also meets the definition in the case of Arps Y. State Highway Commission. supra, in tha t it is state-wide Il:nd one at which all of the people entItled to vote lIlay vote upon a question affect- ing theni as a whole, particularly since it involves the final vote upon dele- gates to the convention for the con- sideration of the 21st Amendment to the Constitution of the United States. OPINIONS OF THE ATTOHNEY GENERAL 401 If further definitions and distinctions are desired. we refer you to the case of Arps Y. State Highway Commission. supra, and cases cited therein.