| Show New Ordinance Passed By City Council Creates Rules for rOl Nominations Legislative Acts On Primary Election Laws Leave Third Class Cities and Towns Without N Nominating Machinery 1 t City Officers To ToBe I Be Nominated B By Y Signed Certificate Candidates for Duchesne City offices to be voted on this fall tall will be nominated by a certificate with the signatures of 50 qualified qualified fied voters according to an ordinance ordinance ordinance nance passed at a special meeting of the city council Wednesday evening The ordinance e is being published in this issue of the Uintah Uintah Uintah Uin Uin- tah Basin Record To get candidates names on an the official ballots citizens or groups of citizens will have to meet complete complete complete com com- a ticket give it a name name make out a certificate of at election and circularize the registered voters until 50 signatures have been affixed All signatures will have to be affixed in the presence of a notary public who will have to acknowledge them in hi an affi affi- davit Each certificate of nomination nomination nomi nomi- nation will have to be e published In at least o one issue of at the newspaper newspaper newspaper news news- paper prior to election and posted post post- ed In three conspicuous places in inthe inthe inthe the city Necessity for the new ordinance ordinance ordin ordin- ance was drawn to the attention of the city council In a letter from the State Municipal League of Utah after discovery of the fact that action of the last legislature legislature legislature legis legis- lature left cities of the 3rd class and towns without nominating machinery The ordinance passed was drawn from a sample sent out by the leagues league's attorney Gerald Irvine Repealing of the old laws setting setting set set- ting Ung up machinery for conducting primary elections in third class cities and towns and putting nothing nothing nothing noth noth- ing in their place was an unintentional unintentional error on the part of thelast the tha thelast last legislature is the opinion of at Attorney General Joseph Chez who has been asked by several counties to suggest a solution to the dilemma Query Sent From Davis Co The situation was first called to the attention of the attorney general gen by Orlando J J. J Bowman county attorney of Davis county who wondered whether the cities and towns would have to continue on with their present officers until until until un un- un- un til the law can be changed or whether some legal way could be found to hold the elections as scheduled Mr Chez held that there is an inherent power in the people to nominate officers in the absence of r restrictive statutes He said he has found no restrictive stat stat- utes He believes that what the legislature legislature leg leg- did was entirely unintentional unintentional unintentional and that it did not mean to deprive the smaller communities ties of a means of conducting primary primary primary mary ele elections He held that they have authority to provide by ordinance ordinance or or- for the conducting of ot the primary elections Unintentional Error The he said legislature could not have meant to do a foolish thing But assuming that the legislature did in direct language language lang lang- leave third cass cities and towns without a a. method of at conducting conducting con con- ducting the primary elections itIs itis it itis is my opinion that the power to regulate and provide for rules to determine nominations of candIdates candidates candidates candi candI- dates in third class cities and towns is a power concomitant with the granted power to elect such officials and is an indispensable Continued on Page S 8 NEW ORDINANCE PASSED BY CITY COUNCIL WED a Continued From Page 1 and necessary power to the objects objects ob ob- and purpose of the cities and towns That being the case the cities and towns have authority to provide by ordinance for the conduct of the primary elections By what I have said I 1 do not mean that an ordinance must b ba ha passed but I suggest that that such an ordinance be passed so as to give to all aU the participating candIdates candidates candidates can can- the certain rules to be followed in their candidacy |
