Mr. IRWIN. It was referring to me in the general election. Now, when was the general election? It was not December 19. It was Senator KEATING. We are trying to get your views as to the presentation.

Mr. IRWIN. Quite true. The general election was not December 19. It was November 8, I believe. I was the party nominee.

Senator KEATING. All you think you were committed to was to vote for Mr. Nixon in the election?

Mr. IRWIN. No, sir. I had no opportunity to vote for Mr. Nixon. I voted for myself.

Senator KEATING. And that you think this interpretation of the statute is that all you are saying is that you intend to support the principles and policies of the Republican Party and to vote for yourself as a nominee in the coming general election?

Mr. IRWIN. In the general election, yes, sir. There is the determination of the control of any law over my activities.

Senator KEATING. There is no relationship in your mind in this law between the principles and policies of the party and the nominees? Mr. IRWIN. None whatsoever.

Senator KEATING. So that if all electors took that position we might have a wide variance

Mr. IRWIN. I quite well agree, sir.

Senator KEATING (continuing). In either of our parties between the principles and the candidates?

Mr. IRWIN. In being on the ballot, I was the principles and policies of the Republican Party in that respect.

Senator KEATING. There is one little question I wanted to clear up before we go on that I meant to clear up before. Aside from being what you call a slave labor worker for the Federal Government, do you have any other occupation? It is not clear on the record what your occuaption is.

Mr. IRWIN. I think my occupation might best be described as spectacular, sir. I speculate for gain, monetary gain, that is.

Senator KEATING. That is invest, speculate in both commodities and stocks?

Mr. IRWIN. I am not bothered with commodities; no, sir. Senator KEATING. Are you what would be called a stock trader? Mr. IRWIN. The term is not familiar to me.

Senator KEFAUVER. What do you speculate in?

Mr. IRWIN. Dollars, sir, or just about anything that anybody wants to make a bet, well, I wouldn't say I would take the bet, butSenator KEATING. You are a bookmaker?

Mr. IRWIN. I beg your pardon, sir?

Senator KEATING. You are not a bookmaker?

Mr. IRWIN. I am not familiar with bookmakers, sir, and I don'tI am not

Senator KEATING. Well, you know what a gambler is?

Mr. IRWIN. I would not associate gambling with speculation, although there is an element of gambling in there, certainly.

Senator KEATING. I am not sure that the term "speculator" might be an oil speculator.

Mr. IRWIN. Quite true, sir. I speculated in oil.

Senator KEATING. In commodities?

Mr. IRWIN. I have speculated in oil. I have speculated in stock, some good, some bad.

Senator KEATING. Thank you.

Mr. KIRBY. Back to my last line of inquiry, Mr. Irwin. You could have in the general election in November in Oklahoma, by filing a petition signed by 5 percent of the voters at the last general election have gotten on the ballot as an independent candidate for presidential elector?

Mr. IRWIN. As an independent candidate, quite true.

That is the point I am making. I cannot establish, I cannot have a rooster or a donkey or elephant or any other symbol I want on that ballot until these ignorant Okies stamp their

Mr. KIRBY. But you could have gotten on the ballot as Henry Irwin, candidate for elector.

Mr. IRWIN. As an independent, yes, indeed. There is no question of that.

Senator KEATING. If you would take a word of advice, I don't think you are going to get very far in politics if you call them the ignorant Okies.

Mr. IRWIN. As I said, I have no political ambitions whatsoever, and I appreciate your advice, however, sir. They have been called worse and better.

Mr. KIRBY. When you filed this notification and declaration, you also filed a filing fee, I believe it was $100?

Mr. IRWIN. $100 to be returned in the event I polled whatever percentage it was of the vote.

Mr. KIRBY. You stated there was a candidate who filed in opposition to you who later withdrew before the primary in July. Mr. IRWIN. Yes.

Mr. KIRBY. At the time of the primary you and several other candidates for Republican nominees for electors were on the ballot? Mr. IRWIN. Yes, I think that would be correct.

Mr. KIRBY. Doesn't the Oklahoma law provide that if you are unopposed, your name does not even appear on the ballot? Mr. IRWIN. I was just-I beg your pardon?

Mr. KIRBY. On July 5 you said you were unopposed. Under Oklahoma law your names do not even appear on the ballot if you are unopposed.

Mr. IRWIN. I was just apprised of the fact. However, my name did appear on the ballot, we did have the results of the election which are posted in the certificate of election.

Mr. KIRBY. This is the November election. I am talking about the July 5 primary.

Mr. IRWIN. As a matter of fact I do not know. I was in Spring Lake, N.J. vacationing. I didn't even know they had a primary. I don't know the results of the primary.

Mr. KIRBY. You knew in April when you filed your papers that you were filing for a primary?

Mr. IRWIN. Yes, indeed.

Mr. KIRBY. Didn't you know it was to be on July 5?

Mr. IRWIN. If they want me, if they wanted to elect me an elector, I will stand on the front porch for them; if they wanted to elect me as President, I will stand on the front porch for them.

Mr. KIRBY. Do I understand that you did not know they were having a primary?

Mr. IRWIN. I knew they were having a primary. I didn't know the date or time or anything else about it. I was not concerned. If they wanted me for elector, let them elect me as an elector, which they did.

Mr. KIRBY. Mr. Chairman, I would like to also insert at this point in the record the provision of the Oklahoma law providing that where there is no opposition the names do not appear on the ballot of the primary.

Senator KEFAUVER. Very well.

(There follows secs. 166 and 167, Oklahoma Statutes 1951, reprinted from Primary and General Election Laws of the State of Oklahoma, compiled by Leo Winters, secretary, State election board, 1959:)

Unopposed candidates-Procedure.

In all primary elections where candidates for political party nominations, wherein candidates are unopposed, the State Central Committee, as to the state offices, and the County Central Committee, as to county, city or town offices, and offices of independent school district of cities, of the respective political party or parties in which there may be unopposed candidates, shall, within ten days after the close of the filing period for such office, meet and declare each of such unopposed candidates the party nominee for the office for which he or she, respectively, filed, and shall forthwith file such declaration in behalf of their party with the Secretary of the State Election Board, or with the County Election Board as may be proper. The secretaries of the respective election boards shall receive such declaration by the respective party committees, the election board shall compare the same with its filings, and if it be found to be accurate, the respective election board, or boards, shall declare such candidate to be the party nominee for the office for which such candidate has filed and is unopposed, whereupon all names of all unopposed candidates so certified and found correct by said boards shall be left off the primary ballot, and it shall be the duty of said State Election Board, or county election board, respectively, to issue to each of said unopposed candidates a Certificate of Nomination in due and proper form at such time as is provided by law.

§ 166, Title 26, O.S. 1951.

Unopposed candidates-Procedure on neglect or failure to file declaration.

If either the State Central Committee or the County Central Committee fails or neglects to file such declaration as to any unopposed candidate, the State Election Board or County Election Board shall, of its own motion, or at the request of any candidate, issue such unopposed candidate a Certificate of Nomination, and names of such candidates shall be left off the primary ballot.

§ 167, Title 26, O.S. 1951.

Mr. KIRBY. In any event, as of July 5, 1960, you and seven others were the Republican nominees for the office of elector?

Mr. IRWIN. That is a presumption. I was in Spring Lake, N.J., on July 5, I don't know. I was

Mr. KIRBY. If the election were held on that day.

Mr. IRWIN. I was there until September. In the interim I did not read a newspaper because the conventions were going on, and I didn't want to be brainwashed any more.

Senator KEATING. Didn't you vote for yourself?

Mr. IRWIN. Not in the primary; no, sir.

Senator KEATING. That is another thing you never do. If you are ever to get anywhere in politics, you have to vote for yourself. Mr. IRWIN. I am ignorant of all of these political points.

Senator KEFAUVER. What was that you said about not wanting to be brainwashed by watching the conventions?

Mr. IRWIN. Yes, sir; because we have the opinion that conventions are dignified affairs, and in my opinion the last two that I saw, they were circuses, and should be--we should have some other means of designating such an important contestant, in my mind.

Senator KEATING. Were you aware that your idol, Senator Goldwater, had urged the support of Mr. Nixon for President?

Mr. IRWIN. I am aware that Senator Nixon himself in his first or second debate with Senator Kennedy, Vice President Nixon said that, as serving my recollection again, that if an elector did not feel that his party was doing as he thought they should, in words to that effect, he was perfectly free to leave that nominee?

Senator KEATING. I think that is true under the Constitution.

Mr. KIRBY. Then you say you didn't even follow the conventions, you were in Spring Lake, N.J., until September?

Mr. IRWIN. That is right; I did not see one moment of either national convention.

Mr. KIRBY. I gather then that after you were nominated in the Republican primary then you didn't conduct any sort of campaignMr. IRWIN. None whatsoever.

Mr. KIRBY (continuing). For the general election?

Mr. IRWIN. Neither before nor after.

Mr. KIRBY. And you didn't follow the campaign between Mr. Nixon and Mr. Kennedy?

Mr. IRWIN. I was more interested in the unpledged electors and the conservative people, what they were going to do about it.

Mr. KIRBY. Did you start working on the coalition plan before November 8 ?

Mr. IRWIN. No. I can't-I don't know that I ever worked in a plan. in the sense that

Mr. KIRBY. Whatever you have been telling us about, did that start before November 8 ?

Mr. IRWIN. I beg your pardon?

Mr. KIRBY. Did this start before November 8, these events you have been discussing?

Mr. IRWIN. No; not to my knowledge.

Mr. KIRBY. So, from your nomination until the November 8 election, you were completely inactive?

Mr. IRWIN. Between the last election and this convention, this present past Republican convention, I was working for a conservative. I didn't care who the conservative was.

Mr. KIRBY. Which one were you working for?

Mr. IRWIN. I don't care. I don't care now who the conservative is. Barry Goldwater is fine.

Mr. KIRBY. What sort of work were you doing before November 8 for this conservative?

Mr. IRWIN. In the undesignated group I have a letter from one of the Republican delegates to the convention.

Mr. KIRBY. You received that letter. What else did you do? Mr. IRWIN. "Mr. Irwin," she said, "Henry, you are a man of my own heart." I will get the letter out if you wish to see it. "You are a man of my own heart." This delegate that I mentioned, Theo Klock

man, she was a delegate. She was on the rules committee-I believe that was the nature of her work.

However politicians work, it might be said that I worked in that, by those means.

Mr. KIRBY. But you were trying to-you were not in Oklahoma trying to solicit votes for the office of elector?

Mr. IRWIN. No, sir. At no time did I solicit the vote of anyone for elector. Perhaps my neighbor, I don't know; he was a Democrat. Mr. KIRBY. Yet you received 533,039 votes for the office of elector, did you not?

Mr. IRWIN. I presume.

Mr. KIRBY. That was in the document you handed us, in fact, every Republican elector received that same vote, according to this document.

Mr. IRWIN. Yes.

Mr. KIRBY. And I believe the Oklahoma ballot was set up so that a voter just sees one block for all eight of you; he doesn't even vote for you individually.

Mr. IRWIN. No; it is not set up that way at all.

Mr. KIRBY. Mr. Chairman, I would like to insert again a portion of the Oklahoma election laws concerning presidential electors, which provides that one block is set up for all eight electors.

Senator KEFAUVER. Let it be entered in the record.

Mr. IRWIN. There is an alternative which you will find, that alternative is also there.

(There follow sections 511 through 518, 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.)

PRESIDENTIAL ELECTORS

Number and election of-Qualifications.

On the first Tuesday after the first Monday in November in each year next preceding the expiration of the term of office of each President of the United States, a number of electors of the President and Vice-President of the United States, equal to the whole number of Senators and Representatives in Congress to which the State is entitled at the time the President and Vice-President to be chosen shall come into office, shall be chosen by the qualified electors of this State in the same manner as is provided by the general election laws for the election of State officers. The electors of President and Vice-President of the United States so chosen shall be qualified electors of this State; but no Senator or Representative or person holding an office of trust or profit under the United States shall be an elector.

§ 511, Title 26, O.S. 1951.

Separate ballot to be used.

It shall be the duty of the State Election Board to cause the names of candidates for the office of Presidential Elector to be printed upon a separate ballot from that of the ballots for State and County offices.

§ 512, Title 26, O.S. 1951.

Electors for each party to be bracketed and grouped-Manner of voting.

At any general election hereafter held in which Presidential Electors are to be elected, the State Election Board shall provide a form of ballot in which the names of the Presidential Electors of each political party shall be bracketed and grouped on the ballot of the political party under the designation of which such Presidential Electors are running, and this bracket shall be headed by the names of such party's candidate for President and Vice-President. At the left of this bracket shall appear a square of the size provided by law, and a stamped vote