46-82
Elections
Cite as N.D. Op. Att'y Gen. 46-82
OPINION
46-82
May 7, 1946 (OPINION)
ELECTIONS
RE: Precinct Committeemen
This office is in receipt of your letter of May fourth requesting an
opinion from this office as to whether county auditors are required
to publish the names of precinct committeement who are candidates to
be elected at the primary election in June.
Section 16-0413 of the North Dakota Revised Code of 1943 provides as
follows:
"Upon the receipt by the county auditor of the certified list
names provided for in section 16-0412, he shall publish under
the proper party designation and the title of each office:
1. The name and address of each person for whom nomination
papers have been filed in his office or in the office or in
the office of the secretary of state;
2. The date of the primary election;
3. The hours during which the polls will be open; and
4. The statement that the primary will be held in the regular
polling place in each precinct.
Such notice shall be published in the official county newspaper
once each week for at least two consecutive weeks prior to the
primary election."
Title 16-17 deals with precinct committeemen, and section
16-1707 provides that, "Except as otherwise provided in this
chapter, the provisions of chapter 4 of this title, relating to
primary elections, shall govern the election of precinct
committeemen with reference to the preparation, printing,
distributing, voting, canvassing, returning, and disposition of
ballots, the notice of election, the holding and conduct of
elections, the certifying of election results, and the
penalties for the violation of the election laws."
Nomination papers for precinct committeemen are filed in the office
of the county auditor. It seems clear, in reading sections 16-0413
and 16-1707 together, that the names and addresses of candidates for
precinct committeemen must be published in the same manner as other
candidates.
NELS G. JOHNSON
Attorney General