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Primary Election Legislation in 1926–271

Published online by Cambridge University Press:  01 August 2014

Louise Overacker
Louise Overacker*
Affiliation:
Wellesley College
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Abstract

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Type
Legislative Notes and Reviews
Information
American Political Science Review , Volume 22 , Issue 2 , May 1928 , pp. 353 - 362
Copyright
Copyright © American Political Science Association 1928

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Footnotes

1

Presidential primary legislation, covered in the February, 1928, number of the Review, is not included here. The legislatures of Kentucky, Louisiana, and Mississippi were in session in 1926 only; those of Alabama, California, Georgia, Massachusetts, Michigan, Nevada, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington were in regular or special session in both 1926 and 1927; while South Dakota, Texas, Vermont, and West Virginia held both regular and special sessions in 1927. In the remaining states the legislatures met only in 1927. The session laws of Florida were not available at the time this, note was prepared.

References

2 Laws of Illinois, 1927, Chs. 180, 190, and 101, p. 459Google Scholar. This act has been upheld by the highest state court.

3 For its effect upon the presidential primary, see note in this Review, February, 1928, p. 108Google Scholar.

4 Laws of New Mexico, 1927, Ch. 41, p. 76. All nominations are still made by conventionsGoogle Scholar.

5 Laws of Montana, 1927, Ch. 7, p. 9Google Scholar. The original act applied to “all political parties.”

6 Laws of Maryland, 1927, Ch. 241, p. 425Google Scholar. This same provision, when repealed by Ch. 340 of the Laws of 1928, was submitted to referendum and defeated.

7 Acts of North Carolina, 1927, Ch. 106, p. 344Google Scholar. There are still several counties where nominations are not made for these offices by direct primary unless that method is adopted by referendum vote of the county.

8 Acts and Resolves of Rhode Island, 1927, Ch. 938, p. 1Google Scholar.

9 Session Laws of South Dakota, 1927, Ch. 113, p. 131Google Scholar.

10 Acts and Resolves of Massachusetts, 1926, Ch. 96, p. 116Google Scholar.

11 Public Acts of Michigan, 1927, No. 174, p. 279Google Scholar.

12 Laws of Montana, 1927, Ch. 3, p. 4Google Scholar.

13 New Hampshire Laws, 1927, Ch. 137.

14 Laws of Maine, 1927, Ch. 17, p. 13Google Scholar.

15 Acts of South Carolina, 1927, No. 105, p. 196Google Scholar.

16 Session Laws of Colorado, 1927, Ch. 98, p. 319Google Scholar.

17 Session Laws of Kansas, 1927, Ch. 203, p. 257Google Scholar.

18 General Laws of Texas, second extra session, 1923, p. 74Google Scholar. This was declared unconstitutional in Nixon v. Herndon, 273 U. S. 536 (1927)Google Scholar.

19 General Laws of Texas, extr a session of 1927, Ch. 67, p. 193Google Scholar.

20 Acts and Resolves of Massachusetts, 1927, Ch. 101, p. 81Google Scholar.

21 Laws of Maine, 1927, Ch. 221, p. 209Google Scholar.

22 Laws of Pennsylvania, 1927, No. 463, p. 972Google Scholar.

23 Acts of the General Assembly of South Carolina, 1927, No. 164, p. 269Google Scholar.

24 General Laws of Oregon, 1927, Ch. 204, p. 248Google Scholar, to bring the enrollment features into accord with the new registration provisions of the amendment to Art. II, Sec. 2, of the constitution.

25 Laws of Indiana, 1927, Ch. 195, p. 567Google Scholar.

26 Acts of the 42d General Assembly of Iowa, 1927, Ch. 21, p. 13Google Scholar.

27 Laws of New Jersey, 1926, Ch. 328, p. 714Google Scholar; amended 1927, Ch. 136.

28 Session Laws of Wisconsin, 1927, Ch. 208.

29 Laws of Delaware, 1927, Ch. 83, p. 212Google Scholar.

30 Session Laws of Idaho, 1927, Ch. 200, p. 275Google Scholar.

31 Laws of Missouri, 1927, p. 185Google Scholar.

32 Laws of Nevada, 1927, Ch. 170, p. 289Google Scholar.

33 Session Laws of South Dakota, 1927, Ch. 112, p. 130Google Scholar.

34 Statutes of California, 1927, Ch. 838, p. 1686Google Scholar.

35 Oklahoma Session Laws, 1927, Ch. 98, p. 158Google Scholar.

36 Laws of New Jersey, 1926, Ch. 80, p. 126Google Scholar.

37 Session Laws of South Dakota, 1927, Ch. 113, p. 135Google Scholar.

38 Laws of Arizona, 1927, Ch. 12, p. 23Google Scholar.

39 Public Acts of Michigan, No. 242, p. 279.

40 Virginia Acts of Assembly, Extra session, 1927, Ch. 65, p. 157Google Scholar.

41 Laws of Nevada, 1927, Ch. 124, p. 205Google Scholar.

42 Session Laws of Nebraska, 1927, Chs. 98 and 99, pp. 277 and 278Google Scholar.

43 Laws of Pennsylvania, 1927, No. 236, p. 372Google Scholar.

44 Laws of Utah, 1927, Ch. 48, p. 69Google Scholar.

45 Laws of Montana, 1927, Ch. 14, p. 19Google Scholar.

46 Laws of North Dakota, 1927, p. 172Google Scholar.

47 Statutes of California, 1927, Ch. 316, p. 528Google Scholar.

48 Georgia Laws, 1927, No. 152, p. 245Google Scholar.

49 Session Laws of Kansas, 1927, Ch. 201, p. 255Google Scholar. City primaries are nonpartisan and in case only two candidates file for any one office their names appear on the general election ballot.

50 Oklahoma Session Laws, 1927, Ch. 98, p. 160Google Scholar.

51 New Hampshire Laws, 1927, Ch. 137.

52 Session Laws of Nebraska, 1917, p. 275Google Scholar. In Nebraska in order to be nominated a candidate must receive at least five per cent of the party vote cast at the primary.

53 Laws of Montana, 1927, Ch. 125, p. 405Google Scholar.

54 Laws of Ohio, 1927, p. 175Google Scholar.

55 Laws of Washington, 1927, Ch. 200, p. 287Google Scholar.

56 Michigan Public Acts, 1927, No. 1, p. 3Google Scholar.

57 Statutes of California, 1927, Ch. 372, p. 608Google Scholar.

58 Acts and Resolves of Massachusetts, 1927, Ch. 25, p. 17Google Scholar.

59 General Laws of Oregon, 1927, Ch. 109, p. 104Google Scholar.

60 Acts and Resolves of Massachusetts, 1927, Ch. 295, p. 350Google Scholar.

61 Ibid., 1926, Ch. 100, p. 119.

62 Laws of Montana, 1927, Ch. 98, p. 337Google Scholar.

63 Acts and Resolves of Rhode Island, 1927, Ch. 1018, p. 178Google Scholar.

64 Laws of Washington, Special session 1925–1926, Ch. 158, p. 448Google Scholar.

65 Michigan Public Acts, 1927, No. 110, p. 147Google Scholar.

66 New York Laws, 1926, Ch. 632, p. 1128Google Scholar.

67 General Laws of Texas, special session, 1926, Ch. 15, p. 27Google Scholar.

68 Alabama Laws, 1927, No. 131, p. 89Google Scholar; Laws of Arizona, 1927, Ch. 22, p. 76Google Scholar; New Hampshire Laws, 1927, Ch. 137; and Acts of West Virginia, 1927, Ch. 64, p. 160Google Scholar.

69 Laws of Arizona, 1927, Ch. 32, p. 76Google Scholar.

70 New Hampshire Laws, Ch. 137, p. 156.

71 Laws of Nevada, 1927, Ch. 169, p. 287Google Scholar.

72 General Laws of Texas, 1927, Ch. 19, p. 24Google Scholar; Ch. 54, p. 77; and Ch. 196, p. 280.

73 Laws of Wisconsin, 1927, Ch. 176, p. 178, and Ch. 269Google Scholar.

74 The committee has recommended a return to the convention method of nominating secretary of state, state treasurer, state auditor, and attorneygeneral. See Report of the Joint Special Committee on the Administration and Operation of the Election Laws, December, 1927, p. 42Google Scholar.

75 Information supplied by the secretary of state.

76 Dove v. Ogleby, 244 Pacific 798 (1926). For a discussion of the case see Cushman, Robert E., “Public Law in the State Courts in 1925–26,” American Political Science Review, XX, 588 (Aug., 1926)Google Scholar.

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