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«OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1918 138. State Assayer and InspectorFees. The State Assayer and Inspector cannot charge less than 25 ...»

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Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

–  –  –

HON. G.A. BALLARD, District Attorney, Virginia City, Nevada.

DEAR MR. BALLARD: I am in receipt of your favor of the 26th instant, asking construction of section 8 of the Corrupt Practices Act (Stats. 1913, p. 478).

You inquire whether every person who is a candidate for nomination at the primary election, whether his name is on the official ballot or not, is required to file the statement of expenses therein specified five days before and fifteen days after election at which he is a candidate.

If there is no primary contest for an office, the names of the respective candidates of the different parties do not appear upon the primary ballot; but, in case of the nomination for state office, they are retained by the Secretary of State and certified by him at the proper time before the general election to the various County Clerks. In case of a county office, the County Clerk retains these names and places them upon the ballot for the general election, together with those certified to him by the Secretary of State.

Section 8, before mentioned, provides:

Every candidate for nomination or election to public office, including candidates for the office of Senator of the United States and Representative in Congress shall, five days before and fifteen days after the election at which he was a candidate, file, etc.

If the persons’ name does not appear on the primary ballot, it cannot be held that he was a candidate for nomination at the election. His nomination is automatic and he does not appear before the people for acceptance or rejection as a candidate. It is, therefore, the opinion of this office that said section 8 does not apply to him and it is unnecessary for him to file the statement of expenses provided in said section 8 for the primary election, but must do so five days before and fifteen days after the general election.

Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

–  –  –

HON. G.E. ANDERSON, Deputy Superintendent of Public Instruction, Las Vegas, Nevada.

DEAR SIR: I am in receipt of your favor of the 26th instant, wherein you state that there are no candidates for members of the County Board of Education in Clark County for the coming election, although one long-term and one short-term member should be elected. You inquire as to the status of the members of the board whose terms are about to expire.

This matter was settled by the provisions of Rev. Laws, 3418, which states:

Each person elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified.

The statute points out but one way in which the successor can be selected—namely, by election, and, as there are no candidates for these offices, there can be no successors elected at the coming election, and these persons will hold their positions, unless they resign, until the general election in 1920.

Yours very truly, GEO. B. THATCHER, Attorney-General.

BY EDW. T. PATRICK, Deputy.

224. Elections—Nomination—Nomination by Petition of Electors—Time— Nonpartisan Officers.

A nomination by petition of electors filed on August 24, 1918, complies with section 31 of the primary election law (Stats. 1917, p. 287) requiring the filing of such petition at least ten days before the primary election.

A nomination to a nonpartisan office cannot be made by petition of electors.

CARSON CITY, August 29, 1918.

MRS. EDNA COVERT PLUMMER, District Attorney, Eureka, Nevada.

DEAR MRS. PLUMMER: In response to your favor of the 26th instant, concerning election

laws, let me advice you as follows:

1. It appears that the nomination by petition of electors for the office of Constable was presented to your clerk on the afternoon of the 24th and your County Clerk wants to know if he shall file the same, contending that it should have been filed with him on the 23d.

Section 31 of the primary laws (Stats. 1917, p. 287) provides for the filing of such petition at least ten days before the primary election. Such election this year is to be held on the 3d day of September. By applying the familiar rule in computation of time that the first day is to be excluded and the last to be included, it would appear that this petition was filed ten days before the primary election and, therefore, should be received by the Clerk.

2. It appears that two nonpartisan petitions for the office of Justice of the Peace were received by your County Clerk. These, you properly advised the Clerk, should not be received by him, for the last paragraph of section 31, above quoted, (p. 288) expressly provides that no nomination for a judicial or school office shall be made by petition of electors, but candidates for all such offices shall be nominated at the primary election.

Your Clerk could not receive these petitions, not only because the time for filing had expired, but because such nominations could not be made by petition of electors. I think, however, that your Clerk should retain these petitions and put the names of those thus nominated upon the ballot for the general election if these petitions represent 5 per cent of the total vote cast for Representative in Congress at the last preceding general election in the county. Under the provisions of section 25, page 286, of the primary election law, if they do not contain such requisite 5 per cent, then no one is nominated for the office, and no one could be voted on for such office at the general election and the position will have to be filled by your County Commissioners.





Trusting this will give you the information desired, I am Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

225. Water and Watercourses—Water Commissioners.

Section 52 of the Water Law, providing for the appointment of Water Commissioners (Stats. 1913, p. 205) applies to adjudicated streams only.

Upon the appointment of Water commissioner it is the duty of the County Commissioners to draw warrants from month to month for the salary and expenses of the Commissioner. At the close of the season it is the duty of the State Engineer to prepare and certify a list of the owners and areas of land served by such Water Commissioner and transmit the same to the Board of County Commissioners.

CARSON CITY, September 9, 1918.

HON. GEORGE A. WHITELEY, District Attorney, Ely, Nevada.

DEAR SIR: Your favor of the 6th instant in relation to section 52, (Stats. 1913, p. 205) of the water law received.

Mr. Thatcher has several times held that this section does not apply except to a stream in which the rights of the various owners have been adjudicated. Assuming that your inquiry applies to such a stream and that a Commissioner has been appointed therefor, I am of the opinion that it is the duty of the County Commissioners to draw warrants from month to month for the payment of the salary and expenses of the Commissioner and at the close of the season it is the duty of the State Engineer to comply with the other portion of the section, namely, to prepare and certify a list of the owners and areas of land served by such Water Commissioners.

Such board shall thereupon proceed to collect the money expended by the Water Commissioner and make the amount unpaid a lien upon the property served.

Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

226. Elections—Independent Candidates—Nonpartisan Candidates—Nomination by Petition of Election—Justices of the Peace.

A nomination to a nonpartisan office cannot be made by petition of electors but candidates therefor should be nominated at the primary election.

CARSON CITY, September 9, 1918.

MR. W.A. WILSON, Lovelock, Nevada.

DEAR SIR: I am in receipt of your favor of the 4th instant, stating that your petition for independent candidate for Justice of the Peace of Lake Township, which was signed by 10 per cent of the voters of your township, has been rejected by your County Clerk. You inquire whether such rejection of your petition by the County Clerk was in accordance with law.

This matter is governed by the provisions of the Act regulating the nomination of candidates for public office (Stats. 1917, p. 276), section 4 of which provides that “All judicial offices and school offices are hereby designated as nonpartisan offices.” Section 31 provides for the nomination of candidates other than party candidates by petition of electors. The last paragraph of section 31 on page 288 provides that “No nomination for judicial or school offices shall be nominated at the primary election.” A Justice of the Peace is a judicial office and is therefore governed by the provision of law last above quoted, such provision expressly excluding nomination for judicial or school offices by petition of electors. It is the opinion of this office that your County Clerk acted in accordance with law in rejecting your petition for nomination as Justice of the Peace.

Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

227. Elections—Registration—County Clerks.

The various County Clerks are entitled to charge and receive the fee of ten cents per name provided by Stats. 1917, p. 283.

CARSON CITY, September 14, 1918.

HON. G.J. KENNY, District Attorney, Fallon, Nevada.

DEAR MR. KENNY: I am in receipt of your favor of the 10th instant, asking certain

questions in regard to the primary election law. You inquire:

1. Is the Clerk of Churchill County entitled to 10 cents a name for certified copies of list of papers used in election under section 15, chapter 155, Statutes of 1917, p. 283?

2. Do candidates for State Senate and Assembly meet with candidates at the county convention provided under section 23 of the same chapter, page 285?

The law in regard to fees of the County Clerk is found in section 3 of chapter 99, page 122, Statutes of 1913. Section 1 of said Act provides that the officer named “shall receive the following salary and fees in full compensation for the services.” Said section 3 provides “the County Clerk and ex officio Clerk of the County Commissioners and ex officio Clerk of the Board of Equalization shall receive a salary of $1,800 per annum, * * * and all fees authorized by law shall be collected on the first Monday of each month and every month.” In my opinion, the fees herein mentioned are those which the County Clerk collects from litigants and others having business with him as Clerk, and do not refer to the fees which he, as ex officio registrar of voters, is authorized to charge.

The primary law of this State was enacted in 1917 (Stats. 1917, p. 276). Section 15 of said Act (p. 283) requires the proper officers to furnish a certified copy of the register for use at primary elections, which said register shall show the names of all voters entitled to vote at said election. Said registry agent shall be paid 10 cents per name for certified copies of the register for use at the primary election.

It is evident that by use of the words “registry agent,” the county registrar is intended, for he alone, as shown by the body of the Act, has control of and possesses the means of making up such certified copies.

The act fixing the compensation of your County Clerk (Stats. 1913, p. 122) above mentioned, provides in its terms, compensation for his services only as County Clerk and ex officio Clerk of the Count Commissioners and ex officio Clerk of the Board of Equalization, but does not provide for his services as county registrar.

The Primary Election Act having been passed later and providing for a fee of 10 cents per name for such certified copies of the register, I must conclude that the law of 1913 was intended by the Legislature to be amended to this extend and to provide the compensation mentioned in the section 15 thereof for all County Clerks as ex officio county registrars.

I am, therefore, of opinion that your County Clerk is entitled to charge and receive his fee of 10 cents per name for such certified copies.

Answering your second question, this office has decided that by sections 23 and 24 of the Primary Act, candidates for the Assembly and Senate ore entitled to participate both in the county and state conventions.

Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

228. Elections—Assembly Districts—Washoe County.

The Act to establish Assembly Districts of the County of Washoe (Stats. 1917, p. 9), provides that the election of Assemblymen by the electors of each respective district therein specified.

–  –  –

HON. E.D. MACK, Reno, Nevada.

DEAR SIR: I am in receipt of your favor of the 14th instant, asking interpretation of chapter 8, Statutes of 1917, entitled “An Act to establish Assembly Districts in the county of Washoe and providing for the election therefrom of members of the Assembly for the State of Nevada.” (Stats. 1917, p. 9.) Said Act establishes three districts, the third of which consists “of all that portion of the county of Washoe south of the city of Reno.” Section 2 of said Act provides for the election of five Assemblymen from District No. 3. Section 3 of the Act requires the County Commissioners to establish the polling-places within Washoe County in such manner that each and every polling-place at all elections at which any Assembly men are to be elected or nominated for election shall be wholly within one of such Assembly Districts.

From the entire context of the Act I am of the opinion that it was the intention of the Legislature that the electors in District No. 1 should elect one Assemblyman; in District No. 2, one Assemblyman; in District No. 3, five Assemblymen.

This means that only voters living in District No. 3 can vote for the five Assemblymen at large from such district and that the voters of the other districts have no concern in and cannot vote for such five Assemblymen from the Third District.

Trusting this will give you the information desired, I am Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

229. Elections—Candidates—Withdrawal—Vacancies.

One who has become the nominee for political office through the primary election or through having no opposition in the primary cannot have his name omitted from the general election ballot.



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