Seawell v. Gifford

Citations

• 22 Idaho 295
• 125 P. 182
• 1912 Ida. LEXIS 12

Syllabus

<p>Secretary of State — Office Hours — Primary Elections — Certificate of Nomination — Time of Piling — Acceptance of Nomination— Time of Piling.</p> <p>(Syllabus by tbe court.)</p> <p>1. Under tbe provisions • of sec. 339-, Rev. Codes, the secretary is required to beep bis office open for the transaction of business from 10 A. M. until 4 P. M., except upon holidays.</p> <p>2. The provisions of see. 5 of the election laws, as amended by Sess. Laws of 1909, p. 197, require a certificate of nomination to be filed with the secretary of state at least thirty days and not more than sixty days prior to the primary to be held to nominate candidates for such offiee, and a certificate presented for filing twenty-nine days before the election cannot be legally filed by the secretary of state.</p> <p>3. The provisions of that statute are mandatory.</p> <p>4. Under said statute, at least thirty days must intervene between the date of the filing and the date of the primary.</p> <p>5. Sec. 11 of the Rev. Codes provides that a holiday shall be excluded when it is the last day in which any act provided by law is to be done, and sec. 12 refers to an aet which is to be done upon a particular day, and said sections have no application to this ease, as the election law requires nomination papers to be filed at least thirty days prior to the date of the primary, and such paper cannot be legally filed within such thirty-day period.</p> <p>6. Under the provisions of see. 10 of the direct primary law, the time for filing an acceptance of nomination by a candidate is computed by excluding the first day and including the last day, unless the last day is a holiday, in which case it is also excluded and the candidate has until the following legal day to file his acceptance.</p>