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as an effective means of strengthening the party ticket. The party has frequently much at stake in nominating and supporting a first-class man. It becomes, to use President Lowell's phrase, a responsible “broker" of candidates. Under the non-partisan system this "brokerage" disappears entirely, leaving the voter practically without chart or compass wherewith to steer an intelligent course.

In conclusion, the writer ventures the opinion that no substantial gain has been made by the introduction of the non-partisan judicial ballot, but that in general it has resulted in a less intelligent selection of judicial officers.

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III. NON-PARTISAN PRIMARIES ELECTIONS FOR POLITICAL OFFICES IN STATE GOVERNMENT

A. History and Development

The extension of the non-partisan ballot in local and judicial elections has naturally stimulated the inquiry whether all state officers might not properly be chosen on ballots without party designations. Proposals to this effect were included in two governor's messages in 1917 25 and in two states, California and North Dakota; the voters have voted upon the question in each case adversely. In both of these cases the proposals for a statewide non-partisan ballot seems to have been defended or attacked largely upon the basis of their probable effect upon the fortunes of the various political interests involved, rather than upon the pure merits of the issue itself.26

25 Governor Frazier of North Dakota recommended that all county legislative and state officers be chosen on a non-partisan ballot. Governor Lister of Washington proposed the nonpartisan system for state, county and city elections.

26 The California non-partisan election laws were passed in 1915, in response to the urgent message of Governor Johnson. For the substance of his message see Non-Partisan Govern

The interesting experience of Minnesota, in which state members of both houses of the state legislature have been nominated and elected upon a nonpartisan ballot since 1913, merits somewhat more extended consideration. 27 B. Non-Partisan Legislative Ballot in Minnesota

[a.] Origin of the System. 28 The elimination of party emblems from the legislative ballot in Minnesota was not

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"reform” movement. There had been no previous demand for it nor discussion of it. It came with a shock of surprise not only to the state at large, but probably to most of the members of the legislature responsible for its enactment into law. It apparently grew out of a rather complex local political situation in which the following factors seem to have exerted more or less influence: First, were involved the political ambitions of the then Republican governor, who had managed to alienate a portion of his own party and who felt that his interests would be furthered by a weakening of party lines.29 Second, the liquor interests of the state are said to have proposed the non-partisan feature as a means of making the direct primary law under

ment, American Political Science Review, IX, 313. A referendum was invoked under the auspices of the state Republican Committee. Arguments for and against the measure are found in the official publicity pamphlet issued by the Secretary of State prior to the referendum election and in the Transactions of the Commonwealth Club of California, Vol. X, p. 459 et seq. The proponents of the measure seemed on the defensive. The opponents of it charged that it was designed to serve the political interests of the rapidly dying Progressive Party. In the special election held on October 26, 1915, the measure was defeated by a vote of 112,681 for and 156,967 against.

The North Dakota Non-Partisan Election measure was initiated by the Independent Voters' Association. That organization instituted recall election against Governor Frazier (Non-Partisan League) and two of his

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consideration so obnoxious as to insure its defeat, whereas the dry forces came forward with unexpected support for it.30

Finally, it has been suggested, the 1912 Progressives desired to reënter the Republican fold in the state without openly assuming the humiliating rôle of the prodigal son. They could return under cover of non-partisanship.31 Just how much weight is to be attached to these influences it is exceedingly difficult to say.

[b.] The Results of the System (1) Difficulty of Appraisal. There exists in Minnesota what seems to the writer to be an almost even difference of opinion as to the relative merits and demerits of the non-partisan legislative ballot. Able and thoughtful people have reached conclusions which are diametrically opposed.32 In 1921, the writer sent a questionnaire to the members of both houses of the Minnesota legislature, asking for opinions upon various phases of the non-partisan system. 33 Replies were received from about one third of the members; practically half of these expressed the opinion that the non-partisan system had produced beneficial results, while the other half were firmly convinced that it had worked in a thoroughly unsatisfactory manner. Opinions of both varieties came indiscriminately from

members who had served under both systems.

There is another factor also which makes it hard to appraise the results of the Minnesota system. This is the interesting political situation which has developed quite generally in the Northwest as a result of the political activities of the Non-Partisan League. That organization, supported not infrequently by the Socialists and by the labor group, has advanced a program which has aroused bitter opposition both among Republicans and Democrats, with the result that the traditional political alignments have tended to be obscured. Recent campaigns in Minnesota have turned largely upon the issue of conservation against radicalism. This situation has developed simultaneously with, but wholly independent of, the operation of the non-partisan legislative election system; and any appraisal of the results of that system must of course reckon with the fact that the old RepublicanDemocratic political alignment would have largely disappeared from the Minnesota legislature, even if party designations had been left on the legislative ballot. Keeping in mind these

Voters' Association were defeated. The nonpartisan election measure was beaten by a heavy vote. In the opinion of competent observers it helped to defeat the other measures. analysis by Charles B. Cheney in Minneapolis Journal, December 6, 1921.

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associates in office and initiated seven measures, of which this was one, to be voted on in that election. The Independents gave the nonpartisan election measure divided and somewhat half-hearted support during the campaign. The Non-Partisan League forces attacked it, calling it the "Federal Job Act," and claiming that it was designed to allow those who were fighting the Republican Party in the state (which the Non-Partisan League had largely captured) to lay claim as Republicans to federal patronage within the state. See official publicity pamphlet issued by the Secretary of State. In the recall election on October 28, 1921, the Non-Partisan League officers were recalled, but all of the measures initiated by the Independent

27 Law of 1913, Chap. 389.

28 In the remaining portion of this paper the writer has drawn heavily upon the researches of one of his graduate students, Sister Helen Angela Hurley, of the Faculty of the College of St. Catherine, St. Paul. He has also been aided by the observations and judgment of his colleague, Professor William Anderson, Director of the Bureau for Government Research, University of Minnesota.

29 Minneapolis Journal, May 17, 1912. An editorial entitled "A Move in Despair" characterized the proposed revision of the primary law out of which the non-partisan system grew as "the desperate act of a beaten man,"

facts, it is nevertheless possible to indicate certain fairly definite results which have come from the non-partisan legislative ballot.34

(2) The Candidates. The non-partisan nominating system has probably produced a more cosmopolitan group of candidates than the old plan. The door of opportunity stands open to anyone who can muster even very moderate support.35 It has presented to the people some candidates of worth who might not have found favor with the regular party organizations, and it has also resulted in many nominations wholly irresponsible in character. It has by no means caused the nomination and election of persons without party affiliations. The candidates are almost invariably members of political parties rather than bona fide independents. There seems to be a general opinion that the calibre of legislators is fully as high as it was before the present system was introduced and perhaps even higher. And yet, if the Min

30 The writer has heard this statement made upon the authority of the leaders of the "dry" forces in the legislature of 1913. See also Minneapolis Tribune, Feb. 28, 1913.

31 Minneapolis Journal, February 28, 1913, p. 19.

32 Unfortunately very few of them have expressed their views in writing. For an able argument against the Minnesota Direct Primary Law in general and the non-partisan nominating and electing system in particular, see pamphlet (privately printed), Minnesota Election Laws in Theory and Practise, by F. H. Carpenter, one of the leaders in the Republican state organization. 33 The questions asked were in substance the following:

1. Is the Minnesota legislature genuinely non-partisan? Do political groups therein hold caucuses to map out party policy?

2. Is there effective leadership under the nonpartisan system and if so what is its basis?

3. Do you think that the people vote more intelligently because the legislative ballot is non-partisan?

4. In general, do you think the results are better under the present system?

nesota legislature has improved in its general tone and in the calibre of its members, it must also be borne in mind that that result may also be in large measure attributed to the elimination from state politics of the liquor issue with all its deplorable tendency to undermine legislative integrity.

(3) The Issues in Legislative Campaigns. Under the non-partisan ballot system, policies and principles have largely disappeared as issues in legislative campaigns. In some cases the campaign has turned on the question of conservatism versus radicalism, but usually little or no effort has been made to translate those slogans into concrete terms. The determining factors in the campaign are the personality and experience of the candidates, and the extent to which their names are generally known. A premium is placed upon self-advertising. Under the nonpartisan arrangement, the state political parties have found little effective use for party platforms; and certainly legislative candidates have paid scant attention to such platforms even when admitting their own party affiliations. In fact, there is a discernible tendency upon the part of such candidates to refuse to commit themselves publicly to anything definite in the way of principles, although this is not invariably

34 The writer can produce little documentary evidence in support of the following statements as to the results of the Minnesota non-partisan system. The statements are based to a large extent upon the confidential replies to the questionnaire sent to the members of the legislature and also upon the writer's personal observations and discussion with other interested observers.

35 In 1922 an undergraduate in the University of Minnesota, one of the writer's students at that time, ran for legislative nomination in one of the Minneapolis districts and secured it. He relied chiefly for support upon the fact that he held a card in one of the railway unions and that he had been a conspicuous figure in university athletics and was personally popular on the campus. He was defeated for election.

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the case. 36 Thus legislative elections in Minnesota tend to degenerate into popularity contests rather than contests from which any popular mandate upon legislative matters can be inferred. In the campaign of 1922, this condition of affairs was further accentuated in some twenty odd districts by the fact that both the candidates were members of the same political party and could hardly be expected to be in any marked disagreement with each other. The party affiliations of the candidates are generally known, and in the more populous districts this is frequently about all the concrete information concerning the contestants which the average voter can secure. But except in the cases where the issue of conservatism against radicalism has crept in, it is hard to say how much weight is to be attached to such party affiliations. Various parties, groups and organizations resort to the practice of endorsing certain of the candidates during the campaign; but this does not necessarily mean that the candidates

- have promised to support any particular principles in order to secure such endorsements.37

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(4) The Intelligence of the Voter in - the Legislative Campaign. From what has been said it is fairly clear that the intelligence with which the elector

36 The Minnesota League of Women Voters sent a questionnaire upon specific legislative issues to all legislative candidates in 1922. Of the 396 who survived the primary about 155

- sent replies. These replies were not published, but were open for inspection at the League headquarters. It would of course be unfair to assume that because a candidate failed to make a reply, he was trying to conceal his views on legislative issues, but the figures are nevertheless significant.

37 The Farmer-Labor Party publicly endorsed candidates for the legislature in 1922. In certain districts where two Republicans were running against each other the Farmer-Labor endorsement of one of them proved in some cases embarrassing to the recipient by creating - misleading impression as to his views.

casts his vote for legislator in Minnesota depends upon what he can find out about the personal characteristics of the candidates. In the rural districts where personal acquaintance is general and easy, there is evidence that real discrimination is used.38 In the larger cities the voter's problem is more difficult. There is plenty of political advertising sounding the praises of the various aspirants, and one is sometimes aided by the open endorsements of candidates by various groups and interests. But unbiased information about the real character and ability of the contestants it is almost impossible to secure, to say nothing of reliable data as to their principles and policies. This is the writer's own experience and that of many thoughtful people with whom he has discussed the matter.

(5) Is the Minnesota Legislature a Non-Partisan Body? There seems to be little doubt that the Minnesota legislature functions in the main on a non-partisan basis. While it is true that each member as a rule is aware of the party affiliations of his colleagues, an analysis of the voting would fail to show any marked alignment of Republicans against Democrats.39 Upon certain issues there has been a definite lining up of conservatives against radicals, but this would un

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38 The original non-partisan law in Minnesota required the words "Nominated at primary election non-partisan" to appear on the ballot after candidates' names. Laws of 1912, Chap. 12. In the election of 1918, the first in which the Non-Partisan League figured, this led to confusion, especially in rural districts, where the voters thought the word non-partisan referred to the Non-Partisan League. To remedy this the law was changed in 1919 (Laws of 1919, Chap. 230) so that the words "Nominated without party designation" now appear after the names of candidates for non-partisan office.

39 This was the practically unanimous verdict of the legislators who replied to the abovementioned questionnaire sent by the writer.

doubtedly have taken place had the members been elected on party ballots. The Socialist and Non-Partisan League members in the legislature in 1921 held party caucuses throughout the session and voted as a unit upon many measures. The Republicans and Democrats, however, did not caucus upon matters of legislative policy and no open efforts seem to have been made to encourage the recognition of party lines. Individual members seem to be governed in voting largely by their own personal judgments and no stigma attaches to the Republican or Democrat who votes against the majority of his fellow partisans. It is possible that the added strength in the legislature which the FarmerLabor party will enjoy in the session of 1923, will produce a more clear-cut and permanent alignment of conservative against radical forces so that a new and genuine partisan division will appear; but at the time of writing it is too early to predict this with

assurance.

(6) Leadership in the Minnesota Legislature. In the absence of wellorganized party groups, leadership in the Minnesota legislature has been greatly weakened and during substantial periods seems to have disappeared altogether. What leadership there is seems to rest largely upon the basis of personality and legislative experience. It tends to fluctuate and is frequently purely temporary. Prior to each legislative session, it is customary to hold an informal inter-party caucus to lay plans for the selection of the speaker and the choice of committee chairmen.40 Certain men assume naturally a more

or less dominating position on such occasions. They can never be sure of continued influence however. They may forge to the front as certain issues come up for consideration, and then find themselves deserted as soon as those issues are disposed of. This was notably true of the leadership which asserted itself in 1915 and 1917 when the question of prohibition was being discussed. This lack of permanent leadership and discipline has the advantage of leaving legislators a full freedom of action, in striking contrast to the iron-clad rule of the party caucus in other state legislatures. It results, however, in a good deal of confusion and lost energy; and it also tends to accentuate in the mind of the legislator, the local interests of the district to which alone he finds himself responsible.

(7) The Position of the Governor. Not the least interesting consequence of the non-partisan legislative ballot in Minnesota is its effect upon the position of the governor. The governor in Minnesota, as elsewhere, is coming to be regarded as a leader of legislative policy. 41 He is the only officer chosen by the state at large who has any real share in the process of legislation, and the people look to him as the spokesman and defender of state-wide interests. More than any other officer in Minnesota he runs upon a platform of policies, although the definiteness of that platform is not always its outstanding feature. And yet the governor must depend for the carrying out of his policies, to

40 Such a caucus was held in November, 1922. See Minneapolis Journal, November 22, 1922, p. 17, and Minneapolis Morning Tribune, November 22, 1922, p. 1, for an account of work done by this caucus.

41 The Democratic State Platform in 1922, for instance, contained this statement: "We denounce the present administration for forcing upon the legislature the passage of a Tonnage Tax Law of doubtful validity...." The governor apparently had considerable influence in the legislature of 1921. See Minneapolis Journal, April 21, 1921; Minneapolis Morning Tribune, April 23, 1921.

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