|
ELSCTORS AND ELECTIOHS
$5: IDS)le ELECTORS; POLITICAL PARTIES; EXECUTIVE com: 133.3 AND
13233
January 25, 1952 052-20
U. 3. PRESIDENT AND VICEFEESIDENT-NOKIHATIONS-BALLOT3- AME ON-
§§C.lg§ sgATE-EXECUTIVS COMMITTEE$-RE30LUTIONS-POWERB- 101.141:
3. o 5.
QUESTION; What are the powers, duty and authority of the
Secretary of State in connection with that cer
tain resolution, adopted by the State Democratic
Executive Committee, on January 5, 1952, and '
served upon the Secretary of State on January 11,
1952?
To: Honorable R. A. Gray, Secretary of State
The acid resolution, together with the certificate of the
officers of the said executive committee, in in words and figures
as follouc:
'FESOIDTION Number 7.
BE IT RESOLVED BY THE STATE DEOORATIC EXECUTIVE
COMMITTEE OF THE STATE OF FLORIDA:
Section 1. That this Committee declares for the
Democratic nomination for President and for Vice-
President of the United States in the first Demo
cratic Primary Election to be held on the first
Tuesday after the first Monday in May, 1952; the
candidate for Democratic nomination for President
and for Vice-President receiving the highest num-
ber of votes at said first Primnry election shall
be declared nominated.
Hon. 3. A. Gray
Page 52
Section 2. That candidates for the Democratic
Nomination for President and Vice-Proaident in
the first Democratic Primary election to be hPIV
on the first Tuesday after the first Monday in 2:3,
1952, shall be required to pat! on or before the
Fifteenth day of March, 1952, a filing fee of
8100.00 to the Secretary or State of the State of
Florida nnd shall be required to take, sign and
subscrihe to a qualification oath or affirmation in
writing in which he or she shnll state (1) that he
or she is a member of the Democratic Party, (2) that
he or she voted for n majority or the nominees of
the Democratic Party in the State of his or her
residence at the lust General Election held in
such State, and that he or she pledges himself or
herself to vote for a majority of the nominees of
the Democratic Party whose names shall appear upon
the ballot at the next General Election in the State
of his or her residence, (3) that he or she is n
qualified elector of the State of his or her resi-
dence, (4) that he or she is qualified under the
Constitution of the United States to hold office
of President or Vice-President, and (5) thnt he
or she has paid the assessment levied against him
or her as a cnndidate for nomination to the office
of President or Vice-President by the State Deno
crntic Executive Committee of the State of Florida;
that such qualification oath shall be filed with
the Secretary of state of the State of Flarida not
later than the Fifteenth day of March, 1952.
Section 3. That the Chairman and Secretary of this
Committee shall serve upon and file with the Score
tary of the State of the state of Florida, and with
the Chairuan or the National Democratic Executive
Committee a certified copy of this Resolution within
five days.
We hereby certify that the foregoing Resolution
was adopted by the State Democratic Executive
Committee, at their meeting held in St. Peters-
hurs, Florida, January 5th, 1952.
c/ J. Irwin Walden s/ E. B. Donnell
Secretary Chairman
Hon. 3. A. Grny
BgeiB
It in provided in subsection (9) of Section 103.121, Florida
Statute, (no adopted by Section 7, Chapt:r 26870, Laws of Florife.
Acts or 1951). thrt the State EXecutiVe Committee, of Flori'a, Hrs
power "to declare by resolution for the nomination of confifatea for
otnvr than elective offices, and for pgesidegt ung vice-presieent c;
the united Stateg, Upon ndOption of a rose ut on, an Upon service
of a cart t ed capy thereof upon the secretary of state, within the
time required for filing sworn statements by candidates, thc nanue of
candidates for ouch offices and positions shall up ear upon th: offi
cial primary :lection ballot. The form of the balgot shall corres-
pond to the trrn prescrioed in 3101.1QI."
Section 101.141, Flarida statutes, (as adopted by Section 5
Chapter 26870, Laws of Florian, Acts of 1951), referred to in nUove
quoted subsection (9) of Section 103.121, Florida Stntutea artur
giving specifications for primary election ballots generally, in
suh1~ction (3), provides that, "should the above directions for 005
p1:te preparation of the ballot be insufficient, the secretary of
stat; shall determine and prescribe any additional matter or form,
and the secretary or state shall, not less than thirty days prior to
the first primary election, nail to the clerk of the beard of county
coanisnionern in the counties, the font of the ballot to be used
with instructions for the preparation and printing one before final
printing nhrlJ, under his certificate, approve the form of the
ballot incluiina the color."
Althouvk a rendinn of Section 101.1U1, Florida Stotutau, niove
mentione, rev:ais such headings no 'congrensiannl, 'Judicinl,"
"state," 'leninlntive.' etc., we find nothing in the statute npeoifi~
onlly applicable to candidates for nomination for President and Vice-
Preniient of the United States, no they do not logically fall within
the above mentioned designations. This being true it would seen
that the Secretary or State should, under subsection (6) or Section
101.141, P10riYa Statutes, above quoted, provide an additional head?
in: unnn the primary election.bnllot, under the title national or
other suitable ociunntion. The torn of the primary elcotiHn ballot
suggested in suhaections (1) to (5) or Section 101.141, Floria
Statut:s, should be amended, as provided in subsection (6) or naid
Section or the strtuten, as above indicated. The Secretary or
Strte, under the provinions of the statutes above mentioned nnu re
ferred to, appears to have nnple authority to make such change.
?ho above charrraticno and suggestionn scan to answer the above
ctnted auction.
Richard W. Ervin
Attorney Gcn'rnl
PAGE 1
U. M.P -,12T -N V--EIDE3|'--;MI3IN BAIT]-A'SOExeutveConitee o Jnury5, -92, rn seve uonth 5omtay c tat nJur 1 T: 1. 1. --2 .-' Tor onoableR. .Gay, ecrta-yof t7t -CRITTE OF T.E -TT FFOIA eti-1n .... .htti omteedaee o h
PAGE 2
Hort. & L ornf Pa:N 92 Section 2. That car/ idate:1 for thrDe--:ocraic 3:-:-irmtion for President mid 'lloa-Presid nt in 'ate first berocrotic P-nicary eclectic ta he h1. On the first Tuer.dry after the first ibndy1.-. ~~ .-, 19~2, shall & rouired, to ayly o,or hefer: t's afteentu day of Much, 195~2, n olinrfen of $100.00 to the Secretary of Sinte of the State a Flrtriiin, nrd shall be reqtiired to take, sir;rt and Gabecribe to a qalicien'alon onth or affir'.ir-.? ion in m'iting ir '.rhich he or she shell state (1) tant he er she ic a cler:b.-,r of the Da'moratio Fnrty, (2) that he or she voted for a majority of the nomine::a of the Derlocatic Party in the State of hi:: or har re-idence at the Mt Geri-:rnl Election h:ld in st'a'n State, and to-it he or she pledger. hi''melf or h.-rulf to vote for a ajr:rity of the norines of th" Democratie mrty rose n'taa shall app. u'.acart t~2 bn-lot at Tie r.ex*. Gen eral Eleetion in t~2 Etate of his or her reside-me, (3) that he or & in e. Gu:llified elector of tha State of his or h.:r realderace, (4) that he or she in qualified undar the Co.stitution of the wantedd States to hold office of President or Vice-President, nnd (5) tot he or ahe hary paid the neeerirszent inled g:11:st him or her as a e-mainste for norunntion to the office of Prehidant -ir ice-President by the Stata De---ocrntic Executive Oormittee of the State of Florian; that nach qualification onth chn11 to fil:d.with the ..ecret:try of State of the ,tn.te of Florie':1 act late th/m the Elfte-.th Eny of three, 1952. Section 3. That the Canirwin and Secretnry of thi:) Co".~.ittee shall serve u on and file with the 5:creto-:r r-f the 31-1.te of the St-'te of Florian, nna. uin thChairmar. of the National Dei::eorrttic Exr:autive Co-tr-ittee a certified copy of this Ref:olution ..ritain hgrny catify thot thr-. t'argping :htelution wn!: atpted 'ay the 5tete Der-ocrntic 2:eeutive enmittet ?-t'--.elr r-esting h.-ld in 2:. Pet.--re..Ltrg, Floriin, Jota:try 5th, 1952. D/ J. IN10. ':Inlden s/ E. B. Dnnnell Secret".ry Civtirstm"
PAGE 3
G'--s'arl f, G1-an")L .E (90-l'd, ar'--;i '-I t:-neut '.v.: Cnr:7.it te z r .' 7-.cri tion for th:. ncc:.in, tion of o:.r. 1 nn:.1 gr prec:icent 'md rice-p:3 optica or a resolutiart, n.r .u --c upo. the sacratary of ntat e, '..'1 ern at--..trariente by ortnaint.:s:1, six 2-16 _!-:13) t iC rm .(11tnil it)) 28''I' Lt-l'r. t. -"ne forr.i r:f the holl.ot rir11 tr, 6101.101. 'r r.n Statiner (''s ridopta '-)y Seat 30.6 ."ice Of 1951), referrer1 te e-.inn 103.121, f'loririn Statuter., rkary e~ .mt i r.n inallot|m. Derr-l'_ ni, rhol. th? above clirect ior.: 110t 'ne 3r-A'afficiertt, the sear -t re--erite rmy ni'.diti.ril rintter o h^1] fact laca Li-Jin ti-irty -~.itys .Jil t0 ik.d cler'k Of thd' th'' r-, the *'01'". :1f the b-!llot to be rap''.r.''-i r:n end printirtg nre hero tif.'ert-', ripprove the forn cf Section 101.1 1, Floridrt 9t?'t at ..
|
