Some Disputed Points in Primary Election Legislation

The widespread interest in nominating systems, particularly during the last ten years, has given rise to a great number of problems new to American politics. These questions are puzzling the reformer, the practical politician, the lawmaker and the judge. They are of absorbing interest to the student of political institutions and tendencies. It is the purpose of this paper to discuss only three of these problems, namely: the test of party allegiance, the formation of the platform under the direct primary system, and the majority required for nomination. As the party primary becomes more and more like an election, the more important does the question of party membership become. What constitutes a republican or a democrat? and how shall a satisfactory legal test be made? Originally this was a matter over which the party authorities possessed exclusive jurisdiction, and which they might regulate and control in their discretion. The republican committee decided what evidence was necessary to establish a right to participate in republican primaries, and the democratic committee denned and determined the essentials of democracy. The abuse of this power in many cases led to legal regulation of the party test. The most frequent test required is an expression of intention to support the party candidates in the ensuing election, coupled with a statement of past support of or affiliation with the party. In Michigan the test includes a declaration of sympathy with the objects of the party. In New Jersey, the voter must state that he supported a majority of the party's candidates at the last election, and intends to support the candidates named in the primary. South Dakota requires previous support of the party, belief in a “substantial part” of principles of the party, and intention to support the candidates nominated. Pennsylvania requires a declaration that the intending voter supported a majority of the party's candidates at the last election. The Missouri law of 1901 merely required that the voter answer affirmatively the question Are you a——?