Montana Attorney General Opinion 17-69

Opinion No. 69. Schools-Elections. HELD: Where there is only one candidate in school election no "poll book" should be obtained from the County Clerk. Mr. Phil G. Greenan County Attorney Great Falls, lVlontana Dear Mr. Greenan: March 29, 1937. You have submitted the question whether a "poll book" should be ob- tained from the clerk and recorder where only one person has been nomi- nated to fill a vacancy in a school elec- tion, and have called attention to the apparent necessity of having a poll book where an election is required to be held in accordance with Sections 987-996, R. C. M., 1935. Section 571, as amended by Chapter 71, Laws of 1935, provides: " * * * provided further. that in elections of school districts of the first class if only as many candidates are nominated as there are vacancies to be filled, the county clerk shaIl furnish no poll books and make no charge therefor to such school dis- tricts." This provision was added by said Chapter 71, Laws of 1935. It is spe- cific. clear and unambiguous. "PoIl book" is defined by Section 568, R. C. M., 1935. As there defined it means a book containing the names of the electors as found on the registry cards of each elector. Undoubtedly the legislature felt that where there is only one candidate for the office, and, therefqre, as a rule no contest whatever, the obtaining of a poll book from the county clerk is unnecessary. Since the requirements for voting at a school election are not the same as at a general election, the poll book would be only a partial guide as to the voters anyway. Fur- thermore, they may have felt that the statutes provided other safeguards to insure a fair and impartial election. Whatever their reasons were, they passed the law (Section 571 as amended) and I am of the opinion that on the facts stated no poll book should be obtained from the county clerk.