This appeal is prosecuted by appellant Frank G. Robles (hereinafter designated as defendant) from a conviction, judgment and commitment of the superior court of Pima County, Arizona, finding him guilty of violating the election laws of the State of Arizona, a misdemeanor, and sentencing him to imprisonment in the Pima County jail for a period of 10 days from 8 a.m., March 25, 1959.
The facts are that defendant was charged in the city court of Tucson with the violation of A.R.S. § 16-862, making it a misdemeanor for any person, after voting, to remain inside the fifty-foot limits as fixed by the election marshal, by posting three notices in different directions from the entrance to the place in which the election is being held. This section prescribes the character of the notices to be posted and declares a violation of the statute to constitute a misdemeanor.
Defendant was found guilty by the city court which fixed his punishment at $75 fine or imprisonment in the city jail for a period of 15 days. Defendant then appealed to the superior court of Pima County with the result above mentioned from which judgment this appeal comes to us.
Defendant has presented several assignments of error for our consideration but under the circumstances of this case we are precluded under the provisions of A.R.S. § 22-375 from considering any of them except assignment No. 1, which is based upon the claim that A.R.S. § 16-862, is unconstitutional.
A.R.S. § 22-375 reads as follows:
The present appeal does not involve the validity of any tax, impost, assessment, toll or municipal fine. But it is asserted by defendant that A.R.S. § 16-862, is unconstitutional. The assignment itself states no ground upon which he claims this section to be unconstitutional. But he does argue in his brief (1) that it is vague to the extent that one cannot tell what it
We are of the view that there is no basis whatever for the assertion that A.R.S. § 16-862 delegates any legislative power to anyone. The language is clear. It is not a delegation of power to anyone. It is merely a direction to the election marshal to post the three notices approximately fifty feet in different directions from the entrance of the place in which the election is being held. We are further of the view that the legislature in using the above language intended to designate the entrance to the building as the point from which the measurement should be taken in establishing the locations at which the "fifty-foot limit" notices were to be posted. The purpose of these notices, limiting the area within the boundaries of which voters who have voted and other interested persons other than those named in the Act may not remain, is to prevent interference with the efficient handling of the voters by the election board and to prevent delay or intimidation of voters entering the polling
We therefore hold that A.R.S. § 16-862 is constitutional.
STRUCKMEYER, C.J., and BERNSTEIN, UDALL and LESHER, JJ., concur.