50-60
Elections
Cite as N.D. Op. Att'y Gen. 50-60
OPINION
50-60
July 3, 1950 (OPINION)
ELECTIONS
RE: Precinct Committeemen
Your letter of June thirtieth asking four questions re county
precinct committeemen has been received. I will answer your
questions in the order stated:
Question No. 1. If a legislator is also elected precinct
committeeman from his precinct, is he entitled to one vote or
two?
It is our opinion that such a committeeman could have only one vote
on the committee.
Question No. 2. If he is only entitled to one vote, can he
name a proxy for the other vote, although he is not absent?
In our opinion he cannot name a proxy in this situation. However, if
he is to be absent, he may name a proxy to act for him.
Question No. 3. Must a proxy for a precinct committeeman be a
legal voter of that precinct?
In our opinion a proxy must be a legal voter of the precinct for
which he is to act.
Question No. 4. In precincts where no precinct committeeman
was elected, is this considered a vacancy and how can it be
filled?
In our opinion, if no committeeman was elected, and there is no
holdover, there is a vacancy, which is filled by appointment by the
county executive committee. If there is a holdover, he continues as
committeeman, since his election was for a term of four years, or
until his successor is elected and qualified.
ELMO T. CHRISTIANSON
Attorney General