Frank T. Gallagher, Justice.
This is an original proceeding brought under M. S. A. 202.08 to require the secretary of state to desist and refrain from printing after the name of intervener, one of the candidates for governor at the forthcoming primary election, certain distinguishing words.
The facts are not in dispute. More than one candidate with the surname Peterson has filed for the same and different offices at the September 12, 1950, primary election, the names of whom will appear on the same primary ballot. Intervener, one of the candidates for governor, seeks to have added to the ballot following his name the words “former Supreme-Court-Justice, Saint Paul.” It is the contention of petitioner, who has also filed as a candidate for governor on the same ticket, that these words are not permissible under the provisions of § 205.70.
Two questions are presented for our consideration:
(1) Do the words “former Supreme-Court-Justice, Saint Paul,” exceed the statutory limitation of three words?
(2) May the word “former” be used in conjunction with the words “Supreme-Court-Justice, Saint Paul,” to indicate the occupation of the candidate under the statute?
Section 205.70 provides in part as follows:
ifWhen the surnames of two or more candidates for the same or different offices appearing on the same ballot at any election are the same, each such candidate shall have added thereto not to exceed three words, indicating his occupation and residence, and upon such candidate furnishing to the officer preparing the official ballot such words, they shall be printed on the ballot with and as are the names of the candidates and immediately after his name.” (Italics supplied.)
[70]*70It seems clear that the legislative purpose in permitting candidates to identify themselves where two or more having the same surname appear on the ballot is to prevent confusion in the minds of voters and to enable them to cast their ballots for the candidates of their choice. In so doing, the legislature has prescribed the precise method by which such identification may be made. It has provided that only three words are permitted, but that they must state the occupation and residence of the candidate. Without this permissive legislation, there could be no identification of the candidate. It necessarily follows that the method prescribed by the legislature is exclusive. In limiting the number of permissible words to three, the legislature obviously had in mind the necessity of keeping ballots relatively short and simple. The question then is: What should be the proper construction of the term “words” as used in the statute? Many definitions of “word” are to be found. In Webster’s New International Dictionary (2 ed.) (1947) we find the following definitions, among others:
“9. An articulate sound or series of sounds which, through conventional association with some fixed meaning, symbolizes and communicates an idea, without being divisible into smaller units capable of independent use; that is, the smallest unit of speech that has meaning when taken by itself; a vocable. Thus the combination of vocables, clouds disappear, though expressing a logical unit (a judgment) is not an ultimate sense unit, since it is divisible into two terms that can be used independently; but the -s of clouds and the dis- of diswppear, though ultimate sense units, are not independent units, since they can be used only in combination; and the phonetic units (syllables) -ap- and -pear are not now units of sense at all (though they were in Latin, from which the word comes). It is to be noted that, while appear is a word, it cannot be so regarded in the combination clouds disappear, since dis-, which cannot stand alone, would be left as a separate [71]*71word. Hence clouds and disappear are the only units here that have all the characteristics of words.”
It must be conceded that the use of the words here referred to intends to accomplish only one purpose, namely, to designate the occupation and residence of the candidate. Many occupations cannot be designated by one word standing alone in the literal sense, nor can a place of residence be so designated. The names of many cities and villages in this state contain several words if we are to construe that term in its most restricted sense, and all parties concede that the names of cities and villages should be counted as one word, although literally more are included.
In order to accomplish the obvious legislative purpose, “words,” as used in the statute, must be given a meaning which will not lead to absurdity nor make impossible the accomplishment of purposes which the legislature had in mind in permitting the identification. We therefore hold that where it is necessary, in order to describe a candidate’s occupation and place of residence, to use a combination of words or of compound words which express only one thought or idea — by way of designating a single office, occupation, or residence — such combination should be considered as one. In so doing, the words “Supreme-Court-Justice” express only one idea, designate only one thought, and should be counted as one word, whether hyphenated or not. It could not have been the intention of the legislature to penalize a person because the title of his particular public office consisted of more than one word and to permit another to use the title of his office merely because it has been designated with greater brevity by the constitution and laws of this state.
Election laws should be liberally construed so as to secure to the people their right freely to express their choice. 2 Dunnell, Dig. § 2915, and cases under note 78.
In Quealy v. Warweg, 106 Minn. 145, 146, 118 N. W. 673, in referring to an election law, this court said:
[72]*72“* * * The statute must be liberally construed so as to effectuate legislative intention and to fully secure to the people their right to express their choice. A technical construction of the language used would be objectionable on general principles, and tend to subvert the purposes sought to be attained.”
The second question, involving a reference to the candidate’s former occupation, is more difficult. Again, we are confronted with the rights of the voters as applied to the rule of law that election laws must be liberally construed so as to secure to the people their right freely to express their choice. 2 Dunnell, Dig. § 2915. We are not concerned with the individual candidate. We are concerned with what the voters are entitled to know about the occupations of the various candidates if such candidates come within the terms of the statute so that they are entitled to designate their occupations.
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Frank T. Gallagher, Justice.
This is an original proceeding brought under M. S. A. 202.08 to require the secretary of state to desist and refrain from printing after the name of intervener, one of the candidates for governor at the forthcoming primary election, certain distinguishing words.
The facts are not in dispute. More than one candidate with the surname Peterson has filed for the same and different offices at the September 12, 1950, primary election, the names of whom will appear on the same primary ballot. Intervener, one of the candidates for governor, seeks to have added to the ballot following his name the words “former Supreme-Court-Justice, Saint Paul.” It is the contention of petitioner, who has also filed as a candidate for governor on the same ticket, that these words are not permissible under the provisions of § 205.70.
Two questions are presented for our consideration:
(1) Do the words “former Supreme-Court-Justice, Saint Paul,” exceed the statutory limitation of three words?
(2) May the word “former” be used in conjunction with the words “Supreme-Court-Justice, Saint Paul,” to indicate the occupation of the candidate under the statute?
Section 205.70 provides in part as follows:
ifWhen the surnames of two or more candidates for the same or different offices appearing on the same ballot at any election are the same, each such candidate shall have added thereto not to exceed three words, indicating his occupation and residence, and upon such candidate furnishing to the officer preparing the official ballot such words, they shall be printed on the ballot with and as are the names of the candidates and immediately after his name.” (Italics supplied.)
[70]*70It seems clear that the legislative purpose in permitting candidates to identify themselves where two or more having the same surname appear on the ballot is to prevent confusion in the minds of voters and to enable them to cast their ballots for the candidates of their choice. In so doing, the legislature has prescribed the precise method by which such identification may be made. It has provided that only three words are permitted, but that they must state the occupation and residence of the candidate. Without this permissive legislation, there could be no identification of the candidate. It necessarily follows that the method prescribed by the legislature is exclusive. In limiting the number of permissible words to three, the legislature obviously had in mind the necessity of keeping ballots relatively short and simple. The question then is: What should be the proper construction of the term “words” as used in the statute? Many definitions of “word” are to be found. In Webster’s New International Dictionary (2 ed.) (1947) we find the following definitions, among others:
“9. An articulate sound or series of sounds which, through conventional association with some fixed meaning, symbolizes and communicates an idea, without being divisible into smaller units capable of independent use; that is, the smallest unit of speech that has meaning when taken by itself; a vocable. Thus the combination of vocables, clouds disappear, though expressing a logical unit (a judgment) is not an ultimate sense unit, since it is divisible into two terms that can be used independently; but the -s of clouds and the dis- of diswppear, though ultimate sense units, are not independent units, since they can be used only in combination; and the phonetic units (syllables) -ap- and -pear are not now units of sense at all (though they were in Latin, from which the word comes). It is to be noted that, while appear is a word, it cannot be so regarded in the combination clouds disappear, since dis-, which cannot stand alone, would be left as a separate [71]*71word. Hence clouds and disappear are the only units here that have all the characteristics of words.”
It must be conceded that the use of the words here referred to intends to accomplish only one purpose, namely, to designate the occupation and residence of the candidate. Many occupations cannot be designated by one word standing alone in the literal sense, nor can a place of residence be so designated. The names of many cities and villages in this state contain several words if we are to construe that term in its most restricted sense, and all parties concede that the names of cities and villages should be counted as one word, although literally more are included.
In order to accomplish the obvious legislative purpose, “words,” as used in the statute, must be given a meaning which will not lead to absurdity nor make impossible the accomplishment of purposes which the legislature had in mind in permitting the identification. We therefore hold that where it is necessary, in order to describe a candidate’s occupation and place of residence, to use a combination of words or of compound words which express only one thought or idea — by way of designating a single office, occupation, or residence — such combination should be considered as one. In so doing, the words “Supreme-Court-Justice” express only one idea, designate only one thought, and should be counted as one word, whether hyphenated or not. It could not have been the intention of the legislature to penalize a person because the title of his particular public office consisted of more than one word and to permit another to use the title of his office merely because it has been designated with greater brevity by the constitution and laws of this state.
Election laws should be liberally construed so as to secure to the people their right freely to express their choice. 2 Dunnell, Dig. § 2915, and cases under note 78.
In Quealy v. Warweg, 106 Minn. 145, 146, 118 N. W. 673, in referring to an election law, this court said:
[72]*72“* * * The statute must be liberally construed so as to effectuate legislative intention and to fully secure to the people their right to express their choice. A technical construction of the language used would be objectionable on general principles, and tend to subvert the purposes sought to be attained.”
The second question, involving a reference to the candidate’s former occupation, is more difficult. Again, we are confronted with the rights of the voters as applied to the rule of law that election laws must be liberally construed so as to secure to the people their right freely to express their choice. 2 Dunnell, Dig. § 2915. We are not concerned with the individual candidate. We are concerned with what the voters are entitled to know about the occupations of the various candidates if such candidates come within the terms of the statute so that they are entitled to designate their occupations.
Our attention has been called to an opinion of the attorney general of May 25, 1982, wherein the secretary of state was advised that it was not permissible for a candidate to use after his name on the ballot the word “ex-representative.” A review of the brief submitted by the attorney general on behalf of respondent here shows that in that case many years had elapsed since the candidate had been a member of the house of representatives, and that it would of course have been absurd to permit him to indicate that his occupation was that of representative at a time many years later when he again became a candidate for the position which he had previously held. Moreover, the candidate there was presently engaged in the combined occupations of farmer and lawyer. That situation was entirely different from the one in the instant case because of the many years which had elapsed in that case between the time the candidate had been a representative and the time he again became a candidate. It is common knowledge that the term “representative” as applied to a member of our state house of representatives is not considered to be the occupation of the member. The reason is obvious. Under [73]*73our laws, although a member is elected for a specific term, the legislature convenes only once every two years unless summoned for special sessions. Its members are usually outstanding citizens in their respective communities, engaged in various occupations such as doctors, lawyers, farmers, bankers, teachers, and businessmen of all kinds. Normally, when the legislative session is over, they return to their homes and continue in the same businesses in which they were engaged when elected.
The situation in the instant case is entirely different. The record and briefs disclose that from 1936 until May 11, 1950, inter-vener was a member of the supreme court and was known as a justice or associate justice thereof. That had been his sole occupation in fact and by reputation for almost 14 years. There is nothing in the record before us which indicates that since his resignation from this court on May 11, 1950, he has entered upon any new occupation. Apparently, his activities have been confined to the furtherance of his candidacy for the governorship.
Significant also are the special restrictions applying to members of the supreme and district courts. Any supreme court justice or any district court judge who seeks to become a candidate for a nonjudicial office may not ethically announce his candidacy, or in any manner become an active candidate, while he occupies the bench.2 Furthermore, Minn. Const. art. 6, § 11, provides:
[74]*74“The justices of the supreme court and the district courts shall hold no office under the United States, nor any other office under this State. And all votes for either of them for any elective office under this Constitution, except a judicial office given by the legislature or the people, during their continuance in office, shall he void.” (Italics supplied.)
Ethically and constitutionally, a member of the judiciary is in no position to continue his occupation as a jurist while he is a candidate for a nonjudicial office. Therefore he is deprived of the statutory occupational identification — in the absence of the acquirement of a new occupation — if the statute is to be construed so literally that no reference may be made to the occupation he pursued immediately prior to his resignation from the judiciary and the announcement of his candidacy.
When we are concerned, as here, with a remedial statute, it is well to bear in mind that, as this court observed in Minnesota Farmers Mut. Ins. Co. v. Smart, 204 Minn. 101, 106, 282 N. W. 658, 661:
“* * * ‘A rigid and literal reading would in many cases defeat the very object of the statute, and exemplify the maxim that, “the letter Mlleth, while the spirit keepeth alive.” * * * The court may carry the statute beyond the natural import of its words when essential to answer the purpose of the legislature. It is an old and unshaken rule in the construction of statutes that the intention of a remedial statute will always prevail over the literal sense of its terms, and therefore when the expression is special or particular, hut the reason is general, the expression should he deemed general.’ 6 Dunnell, Minn. Dig. (2 ed. & Supps.) § 8943, and cases cited under notes 26 and 27.” (Italics supplied.)
Under the statute the question therefore is: What is the appropriate designation of the candidate’s occupation and the one which clearly distinguishes him from other candidates bearing the same name?
[75]*75It is our opinion, in the absence of a showing that intervener has acquired a new occupation, that his identification in an occupational sense, within the meaning and purpose of the statute, can best be accomplished by referring to his former occupation — the one which he pursued for so many years immediately preceding the announcement of his candidacy for the governorship. We therefore hold that the reference to his former and immediately preceding occupation is a proper designation on the ballot.
Order to show cause discharged.