Welch v. Key ( 1961 )

WILLIAMS, Chief Justice

(concurring specially).

The 1908 act provided, “When the State Central Committee of a political party so submits a list of nominees, the Governor shall select the representation allowed such political party, from such list.”

The 1913 act, with respect to that subject, provided, “when the State Central Committee of a political party so submits a list of electors, the Governor may select one which shall be the representation allowed such political party, from such list. Such appointment shall be made one each from the two dominant political parties by and with the advice and consent of the Senate.”

From this change, it is arguable that the intention of the Legislature, as expressed in the 1913 Act, was to change from mandatory requirement upon the Governor to a persuasive suggestion to him.

However, to he emphasized, in this regard, I believe, is the first part of the first sentence of the 1913 section in question. Therein it is stated: “The State Central Committee of the two political parties casting the highest number of votes at the last general election for state officers shall have the privilege of selecting and presenting to the Governor, during the first thirty days after the passage of this act, the name of as many as five electors, from which said committee may request the Governor to name one which shall be the representation to be accorded to its party upon said election board, and every two years thereafter such State Central Committee shall have the privilege of selecting and presenting to the Governor such lists of five electors for the purpose aforesaid;”

It appears to me that the Legislature there was saying that if the Chief Executive should decide not to permit the old members to hold over under Article XXIII, Section 10, of the Constitution, (which provides in part as follows: “That all officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified.”), that he may then appoint one member of the State Election Board from each of the two dominant party lists submitted, “which shall be the representation to be accorded to its party upon said election board.” This to my mind, made it mandatory in 1913, that if former members were not permitted to continue as members, they had to be selected from the named lists.

Such Act further provides that “every two years thereafter such State Central Committee shall have the privilege of selecting and presenting to the Governor such lists of five electors for the purpose aforesaid; * * *. ”

Therefore the same mandatory character of said statute obtains to date.

I therefore respectfully concur specially.