Senator KEATING. You didn't run a Democratic primary?
Mr. IRWIN. I made no such suggestion.

Senator KEATING. You said you progressed beyond the Republican Party, and I wondered where you had been.

Mr. IRWIN. Yes, sir; no, sir.

Senator KEATING. You ran in a general election?

Mr. IRWIN. I don't know whether I was opposed in the primary or not. Do you know whether I was opposed? I think I ran, I am sure I ran, in the general election, and I am sure I came within 3,000 votes of carrying a two-county State district.

Mr. KIRBY. You were the Republican nominee?

Mr. IRWIN. I was the Republican nominee.

Mr. KIRBY. That was about 1956?

Mr. IRWIN. If you know, I don't know.

Senator KEATING. Was that in Georgia or Oklahoma?
Mr. KIRBY. Oklahoma.

Senator KEATING. Who did you run against down there?

Mr. IRWIN. They called him the Old Guard Democrat; also we have a situation over there we refer to those people as yellow dog Democrats. They would vote for a yellow dog on the Democratic ticket, and that is, I am sure, I fear is the case, other than in Oklahoma. I ran against an Old Guard Democrat who had been in office, I think, 27 years, and I came within 3,000 votes of defeating him. Mr. KIRBY. I believe Bartlesville is largely Republican, but the district you are in is largely Democratic, is it not?

Mr. IRWIN. I think that might well be true.

Mr. KIRBY. You are represented by a Democratic Congressman, for instance?

Mr. IRWIN. The Oklahoma Constitution says we shall be reapportioned every 10 years. We have not been reapportioned since statehood. We are gerrymandered into a district to reduce and eliminate Republican opposition.

Mr. KIRBY. To answer my question, your Congressman is Mr. Edmondson, I believe, a Democrat?

Mr. IRWIN. Yes. That congressional district goes from the Texas border up the east side of the State and across the west, the north, part of the State to include

Mr. KIRBY. The State senate seat that you ran for, is that normally held by a Democrat or a Republican?

Mr. IRWIN. This Old Guard Republican had held the office for 27 years, about.

Senator KEATING. Old Guard Republican, you said?

Mr. IRWIN. Begging your pardon, sir, Old Guard Democrat.
Senator KEATING. You consider yourself an Old Guard Republican?
Mr. IRWIN. I am afraid I must place myself in that category, sir.
Mr. KIRBY. You had never been a presidential elector before?
Mr. IRWIN. I had not.

Mr. KIRBY. You stated that in order to become an elector the first thing you did was to file your notification and declaration with the secretary of the State board of elections?

Mr. IRWIN. I think those are referred to as filing papers.

Mr. KIRBY. Filing papers.

Mr. IRWIN. Yes.

Mr. KIRBY. Did that include a document called "Notification and Declaration"?

Mr. IRWIN. It might well have been, I do not know.

Mr. KIRBY. Well, the document in which you stated your occupation as "Slave labor for the Federal Government," do you recall that document?

Mr. IRWIN. I recall that entry in a document which I was required to file if I wished to run for presidential elector.

Mr. KIRBY. Do you also recall the statement in that document:

I believe in the principles of said Republican Party and intend to support its principles and policies and vote for its nominees at the coming general election. Mr. IRWIN. Would you repeat that, please?

Mr. KIRBY (reading):

I believe in the principles of said Republican Party and intend to support its principles and policies and vote for its nominees at the coming general election. Mr. IRWIN. I think I could have very well said the same thing on the Democratic ticket. There was absolutely no difference.

Mr. KIRBY. Mr. Irwin, just answer my questions, please.

Mr. IRWIN. What is that question?

Mr. KIRBY. Was that statement contained in the paper you filed? Mr. IRWIN. Perhaps it was, I don't know; perhaps it was. If you know I will accept it.

Mr. KIRBY. Well, I am reading from the Oklahoma election laws, title 26, section 162, and this is the official form which must be filed. Mr. IRWIN. Yes; if that be the wording and, no doubt, there is no question now, but what it is, that same statement is contained when the judge files for his office, the courthouse clerk files for his office.

Mr. KIRBY. We will get into the discussion on that later. I think you will now state for the record that you did file a paper which con

tained that statement?

Mr. IRWIN. As near as I can understand your reading, I will accept such a statement.

Mr. KIRBY. Mr. Chairman, I would like to place in the record at this point this section of the Oklahoma election law.

Senator KEFAUVER. Very well, let it be made a part of the record. (The following is sec. 162, title 26, Oklahoma Statutes 1951, reprinted from Primary and General Election Laws of the State of Oklahoma, compiled by Leo Winters, secretary, State election board, 1959:)

Notification and declaration of candidacy-Accompanying affidavit-Petitions of nonpartisan candidates.

Any qualified elector, as defined in the Constitution and laws of the State of Oklahoma, who is a member of a political party, and who is now and has been affiliated with such legally recognized party at whose hands he seeks the nomination, shall have his name printed on the official ballot of his party for an office to which he is eligible in any primary election, upon filing with the proper officer, within the time provided by law, a Notification and Declaration of candidacy. Said Notification and Declaration shall be in the following form, and shall be filled in as to all the requirements therein contained, and the declarations therein shall be subscribed and sworn to by the person making the same, before any officer qualified to administer an oath.

3

Said Notification and Declaration shall be in the following form: For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the

(Name of party)

do solemnly swear (or affirm), that I

Street, in the City of

that my post office address is

State of Oklahoma;

that my age is

--; that my occupation is
(Party) voter in

(Name of party)

County of

;

and that I am a registered

precinct, City of

(Name of party)

that I believe in the principles of said Party, and intend to support its principles and policies, and vote for its nominees at the coming general election, and that I have affiliated with such party and that I supported its nominees at the last statewide general election, or was prevented from doing so by reason of

candidate of said

(Name of party)

-; that, if nominated as a Party at the said ensuing election,

I will accept such nomination; that I am not affiliated directly or indirectly with the Communist Party, the Third Communist International, or with any foreign political agency, party, organization or government, nor do I advocate revolution, teach or justify a program of sabotage, force and violation, sedition or treason, against the government of the United States or of this State, nor do I advocate directly or indirectly, teach or justify by any means whatsoever, the overthrow of the government of the United States or of this State, or change in the form of government thereof by force or any unlawful means; that I will not knowingly violate any election law or any law defining or relating to corrupt and fraudulent practice in campaigns or elections in this State, and, if finally elected, I will qualify for said office.

You are also notified that I have appointed and authorized_

to expend money in defraying the expenses of my campaign. (If no one has been appointed or authorized, leave blank.)

I have not and will not authorize any person to expend money or other things of value in the interest of my candidacy, but I will, in person, account for all the money or other things of value expended in the interest of my candidacy, as required by law.

The said candidate shall at the time of filing his Notification and Declaration file therewith an affidavit of two reputable electors, members of the same party to which the applicant belongs, which affidavit shall be in the following form, and filled out so as to meet all the requirements indicated therein:

(or affirm) that we are qualified electors and members of the___ Party, and have affiliated with said party, and supported its nominees at the last Township

statewide general election; that we are residents and legal voters of the

of

County of

City

State of Oklahoma; that we are who files the hereto attached Notifi

personally acquainted with__. cation and Declaration, and we know him to be a discreet citizen, and member of the Party, and that, to the best of our knowledge and belief, he has affiliated with and supported said party, as defined in the primary election

law; that he is a resident of the city, county and state, set out in his Notification and Declaration, and is not directly or indirectly affiliated with the Communist Party or other subversive groups, and we believe him to be qualified to fill the office of

Said Notification and Declaration, and the accompanying affidavits may be on the same or separate sheets, but shall be filed together and at the same time, and when so filed with the proper officer, it shall be the duty of said officer, upon the candidate's compliance with the requirements of this Act, to have printed the applicant's name on the ballot, according to the primary election law, under the penalties provided therein. This Act, except as to declaration of party affiliation, shall apply to independent and nonpartisan candidates. The petition of a nonpartisan candidate, or of the people to place a nonpartisan candidate's name upon the ballots, shall be filed with the Secretary of the proper Election Board within the time prescribed by law for the filing of petitions of Notification and Declaration of candidacy. Any willful or intentional misstatement of fact contained in said Notification and Declaration shall constitute a fradulent act.

All Notification and Declaration of candidacy for Presidential Electors, United States Senators, Representatives in Congress, State Officers, Members of the Senate and House of Representatives, District Judges, and for all other offices for which the electors of the entire state or subdivision thereof greater than a county are entitled to vote shall be filed with the Secretary of the State Election Board. All nominating petitions for county and township officers or offices for which the electors of a subdivision of a county are entitled to vote, shall be filed with the Secretary of the County Election Board.

Mr. IRWIN. If the committee has no objection, I would like to include the entire Oklahoma law referred to in my letter from the Governor concerning the Oklahoma electors. It is found in title 26, Oklahoma Statutes, sections 511 to 518, inclusive.

Your particular attention is invited to section 516 of title 26 which is pertaining to where we meet and travel allowances.

Senator KEFAUVER. We have here, which is part of our files, the rather thick laws, and I do not think we can encumber the record with all of them. We will have reference to it.

Mr. KIRBY. But I have learned, as a matter of fact, Mr. Irwin, that there is such a statement on file. I don't believe you contest that, do you?

Mr. IRWIN. I will accept it. You have established that fact.

Mr. KIRBY. Now then, I assume you knew at the time you signed it that the statement was in there that you intended to support the nominees of the Republican Party?

Mr. IRWIN. That is a reasonable presumption.

Mr. KIRBY. Did you not really intend what the statement said when you signed it?

Mr. IRWIN. I intended when I signed the statement, whatever I signed, to perform the duties of the office of the elector as had been established to me by counsel to be the constitutional duties of that elector.

Mr. KIRBY. Regardless of what I read, regardless of the statements you were signing?

Mr. IRWIN. Now, in swearing to a contrary, and impossible-swearing to an impossibility, that would encumber that freedom, well, I

don't think it is properly included in the law. I think the law should be tested. The law has not been tested.

I have never been challenged in any manner about my right to act as I acted. That was an essential element to obtain the office of elector. It is

Mr. KIRBY. Let us discuss that for just a moment. You have stated there are provisions in the Oklahoma law for an Independent to get on the ballot.

Mr. IRWIN. I said there are none, no provisions of the Oklahoma law for an individual with a philosophy to be on the ballot with that philosophy recognized.

I have excepted the possibility of filing as an Independent which might, in most cases does, brand one as a Communist or Communist associate to my mind.

Mr. KIRBY. You could get on the ballot with a petition signed by 5 percent of the voters voting in the previous election, couldn't you? Mr. IRWIN. I tried to establish that as a matter of law. Mr. KIRBY. That was not a reasonable alternative to you? Mr. IRWIN. I beg your pardon?

Mr. KIRBY. It was not a reasonable alternative to you, but have done it as a matter of law?

you could

Mr. IRWIN. Oh, no, no. I tried to establish that in trying to get the Constitution Party on the ballot. I was informed, without any qualifications, unequivocally that it was impossible to file except as an Independent.

Mr. KIRBY. When did you attempt to get the Constitution Party on the ballot?

Mr. IRWIN. Four or five years ago; I don't recall.

Mr. KIRBY. In a presidential election?

Mr. IRWIN. Prior to it, in order to get the Constitution Party in a position to participate in the presidential election, yes. That was widely known, in fact, in Oklahoma.

There is no-if you will get the University of Oklahoma Collegian, whatever their publication is, you will find I paid for a considerable number of ads to advance the cause of the Constitution Party.

Senator KEATING. May I pinpoint a question along the line of counsel, Mr. Chairman.

Senator KEFAUVER. Very well, Senator.

Senator KEATING. When you signed this paper, did you at that time intend to vote for the nominees of the Republican Party at the coming general election?

Mr. IRWIN. I did, sir. My name, I was a nominee of the Republican Party in the general election which followed. I fully intended to support myself.

Senator KEATING. Your change of mind came later?

Mr. IRWIN. No, sir; no, no, no, sir. I was the nominee of the party. Mr. KIRBY. You mean as a result of the primary, you were the nominee for the office of elector?

Mr. IRWIN. Yes, sir.

Senator KEATING. You think when this refers to the coming general election

Mr. IRWIN. The coming general election; yes, sir.

Senator KEATING. You think they were referring to you, not Mr. Nixon?