in such square shall constitute a vote for all of the Presidential Electors in such group. § 513, Title 26, O.S. 1951. Duties of Electors-Compensation. The electors chosen as aforesaid shall meet at the hour of ten o'clock a.m. in the Governor's Office, at the seat of government of this State at the time appointed by the laws of the United States, and give their votes in the manner therein provided, and perform such duties as are or may be required by law. Each elector shall receive for every mile of travel in going to the seat of government, as herein provided, and returning to his place of residence, ten cents, to be paid on the warrant of the auditor out of any money in the treasury not otherwise appropriated. § 516, Title 26, O.S. 1951. Vacancies. In case any person declared duly elected an elector of President or Vice-President of the United States shall fail to meet at the seat of government, as provided in the preceding section, it shall be the duty of such electors present at the time and place aforesaid to appoint a person to fill such vacancy. 517, Title 26, O.S. 1951. Canvass of election returns-Certificates of nomination and election-Contests. In Primary and General Elections the precinct returns with reference to Presidential Electors shall be canvassed by the County Election Board in each County and such County Election Boards shall make their returns with reference to Presidential Electors to the State Election Board which shall canvass the same. The State Election Board shall issue Certificates of Nomination and Certificates of Election to the persons receiving the highest number of votes for said offices of Presidential Electors. The laws relating to contests in Primary and General Elections shall apply in the nomination and election of Presidential Electors. The Certificates of Election issued by the State Election Board to the persons elected as Presidential Electors shall be transmitted to such persons by the Governor. In Primary Elections Certificates of Nomination for Presidential Electors shall be issued and delivered by the State Election Board. § 518, Title 26, O.S. 1951. Senator KEFAUVER. If there is an alternative, let that be inserted, too. Mr. IRWIN. In which a block is set after each elector's name, and that was the manner in which our Oklahoma ballot was set up. Mr. KIRBY. But no one exercised the right to vote for one and reject another? Mr. IRWIN. It would be thrown out. Mr. KIRBY. It would be thrown out? Mr. IRWIN. Absolutely. Mr. KIRBY. Then, as a practical matter, the voters had to vote for all eight electors rather than just picking one or two at random. Mr. IRWIN. As a practical matter, the voters had no choice in the matter. They might just as well have voted-if we are to believe the platform of the Democrats, as Republicans, if we would have believed the platform of the Republicans the voters had absolutely no choice. I have an article in this unallocated group which I would be glad to read to you which is, "Who Elected Nixon?" Senator KEFAUVER. Excuse me, Mr. Irwin, you think both parties stand for the same thing? Mr. IRWIN. Except for degree, sir, unfortunately; that is my opinion. There might be a degree, the degree is minute. Senator KEFAUVER. What if Mr. Nixon had won the election and had gotten most of the electors, would you have started this effort? Mr. IRWIN. That is a moot question. I don't know what I would do. I don't know what I am going to do tomorrow. Senator KEFAUVER. Were you Senator KEATING. We don't either. Mr. IRWIN. Exactly. I think I can say, however, that I probably would. I have no-here was my choice. Could I vote for Nixon? Now, which is the worse of the evils? Could I vote for Mr. Nixon or could I vote for someone else or could I refuse to vote? Which were the worst alternatives? I could not stomach, if you will pardon the expression, voting for Vice President Nixon. Mr. KIRBY. Mr. Irwin, you stated that back in April when you filed Senator KEFAUVER. Let him finish the alternatives. Mr. KIRBY. I thought he had finished. I am sorry, Mr. Chair man. Mr. IRWIN. I refused to vote for Senator Kennedy-no, sir. I would refuse to vote for Senator Kennedy. Therefore, it left me the alternative of not voting at all or voting for whom I thought would serve our country, as the Constitution designated. What should I do? If I vote not at all, a Democrat Governor will appoint an elector. What are the obligations of that elector? To vote for as the Constitution dictates him to, as his conscience does. He will vote for a Democrat, for Mr. Kennedy. He will do the same thing I refused to do. There was no alternative. Senator KEATING. Did you vote in the general election? Mr. IRWIN. I did vote in the general election, a privileged communication. Senator KEATING. I didn't ask you who you voted for. That is your business. Mr. IRWIN. Yes, sir; I did. Senator KEATING. But I asked if you voted. Mr. IRWIN. Yes, sir; I did. Mr. KIRBY. I believe you said you voted for yourself as nominee for elector. Mr. IRWIN. I did. Senator KEATING. Of the 533,000 people who cast votes for you, don't you think most of them were, by that act, showing their preference for Mr. Nixon over Mr. Kennedy. Mr. IRWIN. As a matter of preference; yes, sir. But my question is where else did they have to go? They had no place to go. I have this newspaper article. Senator KEATING. They had Mr. Kennedy to go to. Mr. IRWIN. Yes, sir; in their opinion that was worse. The article is "Who Chose Nixon ?" It was interesting to note that one of the Republican electors stood and voted upon his beliefs of what is best for our country. Such men are hard to find anymore, which is probably one reason we are losing "prestige" abroad. Senator KEATING. Where are you reading from? Mr. IRWIN. This is an article that appeared in the Oklahoma Times. You can verify that, you can verify it at a later date. Senator KEATING. Is it an editorial? Mr. IRWIN. No, sir; it is a letter to the editor signed by H. F. Doesnges, Goodwell, Ökla. If I might continue if you please: However, even more interesting, was one of Mr. Bellmon's statements: "He (Irwin) apparently feels his opinion is superior to the judgment of the one-half million Oklahoma voters who chose Richard Nixon." Preposterous. This statement is even more presumptuous than Mr. Irwin's action. Who chose Nixon? I was not aware that when I marked my ballot for the Republican electors, I chose Nixon; I merely preferred him. He was chosen by party big-shots, Mr. Bellmon *** How can the major party leaders presume to speak for all the American people? Two candidates are thrust upon us; we are told a vote for anyone else will be wasted, which is probably true. Now, do we choose a man, or merely indicate preference? It seems to me Mr. Irwin was much closer to the people of Oklahoma than his party leaders might guess. Perhaps it would be well if they would lift their heads from the sands of political intrigue, and look for the will of the people. Men such as Mr. Irwin made American great. Thank God we still have men like him left. The other communications are indicative of that same leaning. Mr. IRWIN. H. F. Doenges, Goodwell, Okla. Mr. IRWIN. My name is Irwin. Senator KEATING. He is not a relative? Mr. IRWIN. Not to my knowledge. Senator KEATING. Do you know the person? Mr. IRWIN. I have never seen him, wouldn't know him, don't know who he is. This file consists of similar correspondence. Senator KEATING. All right, let's proceed. Mr. KIRBY. Mr. Irwin, we have, according to the Daily Oklahoman a more complete statement from the Republican chairman, Mr. Henry Bellmon, in which he said that the Republican Party had— no responsibility for Mr. Irwin's actions. He acted entirely on his own for reasons I don't understand. He apparently feels his opinion is superior to the judgment of one-half million Oklahoma voters who chose Richard Nixon. This irresponsible action demonstrates a need for change in our cumbersome, outmoded electoral college system. That completes the quotation. To go back to Mr. IRWIN. Pardon me, it does not complete the comment, however. Henry Bellmon is the candidate for Governor of Oklahoma in the coming election. Oklahoma has never had a Republican Governor since statehood. Henry Bellmon was contacted on the phone by Theo Klockman and two or three other electors in the caucus and the room in which we were caucusing. He was apprised of the whole affair. He agreed to adjourn to reconvene at the call of the State chairman, which he is, prior to our meeting of voting on Monday. He was fully aware of it. John Tyler, who is the State national committeeman, was with Henry Bellmon the afternoon I called him by phone, presented my plan which John Tyler enthusiastically supported, and John Tyler and Henry Bellmon called Washington immediately upon my finishing the discussion. That is a lot of political hogwash, if you will excuse the expression. Senator KEATING. Are you supporting him for Governor? 70784-61-pt. 3- 8 Mr. IRWIN. We will have a primary, of course, before the election. Certainly I don't know who I will support, but I cannot envision my supporting Henry Bellmon. Senator KEFAUVER. You say Oklahoma never had a Republican Governor since statehood? I thought Wild Bill Murray Mr. IRWIN. No, sir. He and his son was the only son and father Governor combination I know of to run a State. Senator KEFAUVER. Wasn't he a Republican? Mr. IRWIN. I do not believe he was, sir. I am quite sure he wasn't. He held a constitutional convention. I am quite sure he was not, sir. Senator KEFAUVER. All right, proceed, Mr. Kirby. Mr. KIRBY. To complete the Oklahoma tally, the Democratic electors received 370,111 votes, according to the documents you furnished us. Then on December 19 the electors gathered, and you cast your ballot at Oklahoma City. At that time I gather from your previous testimony you thought other Republican electors over the country were going to do the same thing you did? Mr. IRWIN. No, I did not. Mr. KIRBY. Did you realize then the coalition plan was a failure? Mr. IRWIN. I was fearful that it was. Mr. KIRBY. Even if you had known that no others were going to vote as you did, you would have gone ahead and done so anyway wouldn't you? Mr. IRWIN. I feel quite certain I would have. Again it is conjecture, it is moot; I don't know. Mr. KIRBY. I believe there has been a change in the Oklahoma law for presidential electors since these events. Mr. IRWIN. I was vacationing in Spring Lake when that law was enacted. It is the worst law that could ever have been conceived. Mr. KIRBY. Please answer my question. Your answer is, "Yes, there has been a change"? Mr. IRWIN. There have been several. Mr. KIRBY. In fact I believe at the same July 5 election when the Republican primary was held, there was a constitutional amendment adopted by referendum so that party nominees for electors in the future are chosen by conventions. Mr. IRWIN. No, they are not chosen, they are designated. Mr. KIRBY. By the conventions? Mr. IRWIN. By the party. Mr. KIRBY. Party conventions? Mr. IRWIN. I don't think it is convention, I think it is party. They are not chosen, they are designated. Mr. KIRBY. Mr. Chairman, may I place the provision of the Constitution of Oklahoma, article III, section 5, as amended July 5, 1960, by the referendum election, in the record at this point? Senator KEFAUVER. Very well, let it be made a part of the record. (The provision referred to is as follows:) ARTICLE III, SECTION 5, CONSTITUTION OF THE STATE OF OKLAHOMA Mandatory primary system-Non-partisan candidates. The Legislature shall enact laws providing for a mandatory primary system, which shall provide for the nomination of all candidates in all elections for State, District, County, and municipal officers, for all political parties, including United States Senators, except for the office of Presidential Electors who shall be nominated by the regularly called conventions of the various political parties and the chairman and secretary of each political party convention shall certify the names of said nominees to the Secretary of the State Election Board: Provided, however, This provision shall not exclude the right of the people to place on the ballot by petition any non-partisan candidate. (As amended State Question No. 388, Referendum Petition No. 123, adopted election July 5, 1960.) Mr. KIRBY. Then, on February 21, Mr. Irwin, the legislature enacted sections 519 to 522 of title 28 dealing with presidential electors? Mr. IRWIN. I don't know that. I think that is the one to which I made reference in which they fine the elector $1,000 for doing his constitutional duty? I challenged the law at that time, and at this time I still challenge it. Sec. Mr. KIRBY. At this time I would like to place this in the record. (The provisions referred to are as follows:) CHAPTER 15.-PRESIDENTIAL ELECTIONS 519. Oath or affirmation by nominees-filing-vacancies [New]. 520. Form of oath or affirmation [New]. 521. Penalty [New]. 522. Nomination of candidates for presidential electors-certification of names [New]. § 519. Oath or affirmation by nominees-Filing-Vacancies Every person nominated as a Presidential Elector by the convention of a political party, as provided by Section 5, Article III, of the Oklahoma Constitution, shall take the oath or affirmation prescribed by Section 2 of this Act,' and shall file the same with the Secretary of the State Election Board, not less than ninety (90) days before the general election next succeeding his said nomination. Failure of any such person to take and file said oath or affirmation by said date shall automatically vacate his said nomination, and a substitute candidate shall be nominated for said office of Presidential Elector to fill such vacancy in the same manner as is provided by the statutes of this State for the nomination of substitute candidate to fill other vacancies in political party nominations. Laws 1961, H.B.No.538, § 1. § 520. Form of oath or affirmation The oath or affirmation required by this Act, same being cumulative to all other oaths required to be taken by the Constitution or statutes of this State, shall be as follows: I do solemnly swear (or affirm) that if I am elected to the office of Presidential Elector at the next general election, I will cast my ballot as such Presidential Elector for the persons nominated for the offices of President and Vice-President of the United States by the national convention of the (here insert the name of the political party the Oklahoma convention of which nominated the person taking the oath or affirmation, as a candidate for the office of Presidential Elector) party. Signature of nominee for Presidential Elector day of Subscribed and sworn to before me this 19--- Notary Public, or other officer authorized to administer oaths. Laws 1961, H.B.No.538, § 2. § 521. Penalty Any person elected as a Presidential Elector after having been nominated by the convention of a political party, as provided by Section 5, Article III, Oklahoma Constitution, and after and filing the oath or affirmation prescribed by 1 Section 520 of this title. Emergency. Effective Feb. 21, 1961. |