The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-01-21
Opinion of the Attorney General on the
Laws of Election.

HoNoLuLu, Dee. 18th, 1881.
To His ExceIIency
Il. \. P. CARTER,
Minister of the Interior.
In reply to your inquiry as to the manner and filling,
in accordance with the law, the second voting place,
designated in any election district 1 have the honor to
state.
That only in those election districts where there is
more than one District Judge or Tax Assessor or School
superintendent. can a second board of Inspectors be
created.
Section t, of the Laws of 1865. p. 1t, designates the
Police or District Justice, the Tax Collector and the Tax
Assessor, or in their absence. agents appointed by them,
to be the Inspectors Of election.
Section 7S2 Of the Civil Code, provides that the Min
lister Of the Interior may appoint more than one voting
place III each district, and shall designate the Inspectors
Of election from among " the Justices. Tax Collectors,
and school superintendent % in the district. The diff
Guilty arises when there is but one judge and one tax col
lectur in the district. They are made by the law of 1868
the Inspectors Of the first voting place. II there should
happen TO be more than one Of these officers, together
with a school superintendent there is no difficulty in
creating the second board of Inspectors.
But il appears, that in several districts such officers
cannot be found. In such a case, my opinion i that you
cannot legally create a bosrd of Inspectors for Il second
voting place
The Inspectors for the nrst voting place may appoint
agents to take their places. during their absence, but the
absence contemplated by law is one which may be due TO
sickness or unavoidable detention. They are under
obligation 70 attend at the voting place. The Minister
of the Interior cannot appoint the same persons TO act in
two widely separated places at the same time, nor can
Inspectors appointed by law TO receive votes at the first
voting place, abandon il and receive the votes at the
second.
The law designates the Inspectors for the first voting
place. and the Minister has no control over them. If,
therefore. there are not Justices, Tax Collectors, and
school superintendent in the district, aside from those
already holding Offices as Inspectors, from whom a sec
ond board can be cseated, it is my opinion that the sec
ond board cannot be ] legally constituted. If it were, and
the Inspectors were persons not authorized by law to act
the votes cast at such q place would be illegal. and if the
election were contested, would probably be rejected by
the Courts.
1t appears that, Heretofore, 1t has been the custom to
designate a second voting place, and appoint persons who
were not qualified by law, to be the Inspectors. No
doubt it hiss been 4 matter of great convenience TO the
voters 10 do so, and the failure to designate such a place
viii put them 20 great Inconvenience. But, after careful
consideration, I am convinced that such 8 practice is
illegal, and might invalidate the election Of candidates
for the Legislature. The attention of the next Legisla.
ture will be called to this defect in the law regarding
elections.
have the honor To be,
Your Obedient servant,
". Y. ARMSTRONG,
Attorney General.