Legislature. In a number of states the test of party affiliation is entirely prescribed by the legislature.

Compare the laws of: Ariz. Laws, 1905, c. 68: Ill. Laws, 1908, p. - Ind. Laws, 1907, c. 282; Ia. Laws, 1907, c. 51; Kan. Laws, 1908, (Extra Sess.) c. 54; Md. Code of Pub. Gen. Laws, 1904 (new section added, Sess. of 1908), sec. 160 G; Mich. Laws, Ex. Sess. 1907, No. 4; Minn. Rev. Laws, 1905, sec. 192; Neb. Laws, 1907, c. 52; N. J. Laws, 1898, c. 139 as amend. by Laws, 1903, c. 248, as amend. by Laws, 1906, c. 235; N. D. Laws, 1907, c. 109; Ore. Laws, 1905, c. 1; Pa. Laws, 1906, No. 10; S. D. Laws, 1907, c. 139; Tex. Laws, 1905, 1st. Called Sess. c. 11, as amend. by Laws, 1907, c. 177, sec. 114 a; and Wash. Laws 1907, c. 209.

Party authority and legislature. Quite generally the legislature prescribes only a part of the test and permits the party authorities to impose additional requirements.

For typical laws see: Cal. Const. (Amend. 1900) art. 2, sec. 24, Laws, 1907, c. 340 and c. 352; Del. Laws. 1897, c. 393, as amend. by Laws, 1903, c. 285: La. Laws, 1906, No. 49: Mass, Laws, 1907, c. 560; Miss. Code, 1906, sec. 3717; and R. I. Laws, 1902, c. 1078.

Voter's declaration

The voter's declaration of party affiliation may relate to past allegiance, to present affiliation, to future intention, or to some combination of past, present, or future action. The laws for the different states vary greatly on this point.

Past allegiance. Some of the laws require a declaration of past affiliation only, on the part of the voter.

For typical provisions compare the laws of Ohio, 1908, (approved Apr. 28) and of Pa. Laws, 1906, No. 10.

In Ohio the voter's affiliation is determined by his vote at the last general election "held in even numbered years.'

In Pa. he must have voted for a majority of the candidates of the party at the last general election at which. he voted.

Present affiliation. Other laws provide that the voter declare only his present allegiance.

Compare the laws of Kan. 1908, (Extra Sess.) c. 54; N. D. Laws, 1907, c. 109; and Wy. Rev. St. 1899, sec. 223, as amend. by Laws, 1907, c. 100.

Future intention. In certain cases a declaration of intention to support the party at the ensuing election is the only requirement.

See Wash. Laws, 1907, c. 209, for a typical case.

Past action and present affiliation. A declaration as to past action as well as a statement of present affiliation is prescribed in a number of states.

Under the Ill. law enacted in 1908, the voter, if challenged, is required to swear or affirm not only that he is a member of the party, but also that he has not voted at a primary of another political party within two years.

Past action and future intention. In addition to declaring his past party allegiance certain states also require the voter to pledge his support to the party at the next ensuing election.

Compare the laws of Ind. Laws, 1907, c. 282: Minn. Rev. Laws, 1905, sec. 192; and Miss. Code, 1906, sec. 3717.

Under the Mississippi law the voter must have "been in accord" with the party during the preceding two years, and must agree to support nominations, in which he participates, at the ensuing election.

Present affiliation and future intention. The test prescribed in some states requires a declaration of present affiliation together with a pledge of future support.

See the laws of Ariz. 1905, c. 68; La. Laws, 1906, No. 49; S. D. Laws, 1907, c. 139; and Tex. Laws, 1905, 1st Called Sess. c. 11, as amend. by Laws, 1907, c. 177, sec. 114a.

Past, present, and future affiliation. Certain states require a definite declaration with respect to past al

legiance, present affiliation, and future intention to support the party with whom the voter desires to act at any primary election.

Compare the provisions of Mass. Laws, 1907, c. 560; and N. J. Laws, 1898, c. 139, as amend. by Laws, 1903, c. 248, as amend. by laws, 1906, c. 235.

Also see Commonwealth v. Rogers, 1902, 181 Mass. 184 and Hopper v. Stack, 1903, 69 N. J. L. 562.

Record of declaration

Declaration at primary. Many of the primary laws merely require a declaration of party affiliation on the part of the voter at the time of the primary and do not make any provision for keeping a record of his declaration.

For typical laws compare: Ariz. Laws, 1905, c. 68: Ill Laws, 1908, p. -; Ind. Laws, 1907, c. 282; Kan. Laws, 1908, (Extra Sess.) c. 54; Minn. Rev. Laws, 1905, sec. 192 and Laws, 1907, c. 226; N. D. Laws, 1907, c. 109: Pa. Laws, 1906, No. 10; S. D. Laws, 1907, c. 139; Tex. Laws, 1905, 1st Called Sess. as amend. by Laws, 1907, c. 177, sec. 114a; Wash. Laws, 1907, c. 209.

Previous enrollment or registration. A party enrollment or registration of voters is required in a number of states. The enrollment, whether conducted according to party rules or under provision of law, affords a means of listing the party affiliation of all electors participating in primary elections.

The form of the record kept, varies from informal voting lists to elaborate systems for the permanent enrollment of party members.

Enrollment under party regulation. See laws for S. C. Civ. Code, 1902, sec. 258, as amend. by Laws, 1903, No. 8: also see N. C. local acts, which require party registration of voters in certain localities.

Enrollment under Law. For different methods of party reg istration required under law compare the provisions of: Cal. Laws, 1907, c. 340 and c. 352; Del. Laws, 1897, c. 393 as amend. by Laws, 1903, c. 285; Ia. Laws, 1907, c. 51; Ky. Carroll's St. 1903, secs. 1553-59; Mass. Laws, 1907, c. 560; Mich. Laws, Ex. Session, 1907, No. 4; Neb. Laws, 1907, c. 52; and Ore. Laws, 1905, c. 1.

What constitutes a reasonable test

As the right to participate in making nominations is a part of the right to vote the question arises, what constitutes a reasonable test of party affiliation? So far the courts have not come to any uniform conclusions in their decisions on this point.

For recent decisions see: Commonwealth v. Rogers, 1902, 181 Mass. 184; State v. Moore, 1902, 87 Minn. 308; Hopper v. Stack, 1903, 69 N. J. L. 562; Rebstock v. Superior Court of City and County of San Francisco, 1905, 146 Cal. 308; State v. Drexel, 1905, 74 Neb. 776; Attorney Gen. ex rel. Wood v. Rowe, 1905, 27 R. I. 360; Schostag v. Cator, 1907, 151 Cal. 600; Katz v. Fitzgerald (Cal.) 1907, 93 Pac. 112: Freeman v. Board of Registry and Election of Metuchen (N. J.) 1907, 67 At. 713: State ex rel. Labauve v. Michel (La.) 1908, 46 So. 430; Morrow v. Wipe (S. D.) 1908, 115 N. W. 1121.

LAWS AND JUDICIAL DECISIONS

United States

Alabama. Laws, 1903, no. 417, sec. 10. Qualified electors under the general election laws have the right to participate in primary elections subject to such political qualifications as may be prescribed by the party authorities.

Arizona. Laws, 1905, c. 68, secs. 11 and 13. To vote at a primary election the elector must declare that he is a member of the political party holding the primary and that he expects to support the regular ticket of such political party at the next general or special election.

Arkansas. Dig. of St. 1904, secs. 2892-4. Leaves the prescription of the test for participation in party primaries to the party authorities.

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to

California. Const. (Amend. 1900) art. 2, sec. 212. "The legislature shall have the power determine the tests and conditions upon which electors, political parties, or organizations of voters may participate in any such primary election

or

the legislature may delegate the power to determine such tests or conditions at primary elections, to the various political parties participating therein.