Show A torney general chez Je replies D plies to J B bezey y mr J B park city utah dear sir I 1 am in receipt of your letter of september la in which you enclose a newspaper clipping of a statement submitted by you iou to your local paper wherein you challenge the right of officers in the republican organization in your district in park city to deny you the privilege of voting at their political primary held under date of september you state that you were denied the to vote at said primary because you refused to sign your name to show that you had voted the republican ticket you now ask my opinion as 03 to whether or not your statement to the local paper correctly sets forth your rights as a qualified elector in the state of utah ordinarily this qu question stion should not be submitted except through your county attorney but inasmuch as this Is more or less of state wide interest to the voters I 1 shall here cite you what I 1 consider the law ot of this state to be on the question involved section 2532 25 3 2 revised statutes of utah 1933 sets forth who Is entitled to vote at a primary election where candidates are selected to be voted upon at the general election that section reads as follows no person shall be entitled to vote at my any primary election unless he Is a d uly duly qualified voter or will be a duly qualified voter at the next ensuing election tor for which such primary Is being held under the prescribed rules and regulations of the political party organization or association so holding the primary election provided that in the selections of candidates to be voted for at elections for municipal offices in cities a 0 the first and the second class all persons entitled to vote at the ensuing city election shall be entitled to participate in such primary it will be noted that the political party organization or association so holding such primary election may prescribe its ltv own rules and regulations tor for the conduct of its primary those rules and regulations however must bo be formulated to conform to specific statutory requirements it if any there be affecting the rights of the qualified elector in the following section 2533 25 3 3 certain requirements are provided tor for determination of the right ot of the elector to vote that section reads as follows the vote or ballot i of any person offered at any primary election clemion snail shall upon challenge by any lawful voter be rejected unless he answers under oath as I 1 j to his qualifications as such voter and the pre presiding biding officer or any judge of election at such primary shall adail administer an all oath to such person and to any L n y other aco deem offering to 10 vote as he ra may a y deem advisable which oath shall be as follows you do solemnly swear I 1 that you will true answers make to such questions as shall be put to you by any jude of cf this primary election touching your qualifications to vote at the same it shall be the duty of the judges to keep a record ot of the interrogatories propounded to any gerbor who shall have been sworn as herein provided and also a record ot of his answers which shall be deposited with the county clerk of 0 the county in which such primary election is held any person berbon who shall intentionally tio nally make false answers to any questions so put to him shall be deemed guilty of perjury it does not appear from your correspondence pon dence whether the procedure outlined in the foregoing bertion for fop challenge of your right to participate in said bald primary was followed I 1 am of the opinion however that as a matter of legal right as a qualified cl elector actor when ane voter Is placed under oath pursuant to the provisions of said section 2323 23 2 3 slid and it should appear from ilia his examination in said case that ho he is a duly qualified d elector in and for the d in which ethe the primary is being held that he may not be lawfully cx expelled from the primary upon a mere I 1 showing that he had not theretofore voted with the particular political party organization or association as the case may be holding such primary in other words tha th elector has a right to change his political views and if 11 in the year of any election he be has not thereto theretofore foie participated in some other primary he could I 1 not be bald to be unlawfully at I 1 the primary of the tha party of his new w choice the proper procedure as I 1 view 1 it t I 1 would be in cau cabe of a challenge to his bis right to participate in such a p almary to acknowledge under oath that he had participated in the past with the opposing I 1 party but that he had now changed hla his mind and had decided to cast hla his lot with the party in whose prim primary he was attempting to participate pe personal conduct of the voter may have a great deal to do in determining whether or not he Is d to bit in a particular primary and a blanket rule cannot very well be laid down for all cases I 1 think in conclusion I 1 may safely say that in any instance where a situ situation aaion ol of the sort you describe arises it Is always indispensable to a proper determination mi of the right of the voter that he insist on being sworn as provided in section 2533 25 3 3 above quoted touching his bis qualifications to participate in such primary and that a record of the questions submitted and of the answers given be deposited with the county clerk of the county in which such primary election la Is held without such record it Is very difficult sometimes to determine the ultimate I 1 facts upon which the voters right Is based I 1 trust this will be helpful to you in determining your course it if such an incident should arise again very truly yours JOSEPH CHEZ attorney G general salt lake city october 4 1 1934 |