The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-02
TIE BALLOT nEFoRm LAW
An OPInion by Attorney.General Tabor 81
the RedistrIctInr Section.

ALBANY, July 1.-Attorncy-G enoral Tabor
sent to-day the following communication to
the Secretary Of State concerning tho new bal
lot law:
Your communication OF the 18th inst. has
been received asking for my opinion upon tho
following questions arising under Chapter 2G2,
Laws OF 1890, commonly known as the Ballot
Reform law
81. Can tho now distrIctins required by tho law bo
made to take effect In townsAt election fall
- Arc the authorities whose duty it Is to divide cleo.
ton districts restricted as u the number of districts
they may establish
% Does the law prohibit the holding OF elections in
places whore liquor is sod
In reply thereto beg leave to state as fol-
lows
Tho act above referred to will take effect on
the first day Of July, and after that date It's
provisions must be obeyed and carried out by
all who are charged with that duty. Section
90 provides Uattcr nart) that on or before the
first day of Seutember in the year 1890, and in
each year thereafter. the officers now charged
by law with the alteration or division of cleo
ton districts shall alter or divide the existing
election districts Whenever necessary. in such
manner that oath election district shall con-
tor 1870 of tho Laws OF si2 now charges tho Su-
Iervis9r; Assessor, and Town Clerk with the
duty OF dividing the election districts In towns.
IL Is claimed In some quarters that tho provis-
ion contalned in section lG OF, ARTICLE
al nnS' Py cSapsr as aT Ss Of 1872
providing that the alteration of districts shall
not take eheGtuntil after the next succeeding
ly no division of districts made In pur suance
81 the law of 1890 can go into effect until after
tho next general election. Section Il. OF tho
act OF ls42 provided Tor the division OF districts
IN that year, and section Ii provided that in
every succeeding year The same officers should
meet in October and determine whether any
further DTOytlaI
Tint such alterations shall not take effect
until 4tier the newt general election That
divisions Of districts made under that partio-
ular act. The word such as there used,
last anecodent subject which subject is
the, division of districts under the act of 1912,
and not to the division OF districts under any
other act. But giving section Is. supra such
Literal and extended construction as would or
dinarily make it applicable 10 divisions under
other acts generally. nevertheless it would not
apply to division made under the act OF 1890.
The act OF 1880, rs The general application in
Ss T% %ss S G tie Of reform
was that there were too many voters In a dis.
son assigned for delaying the S'I remedy asf
t f2r year and It Is not TO be presumed
sf G dsnS thu eo sn
edy which It has applied. All OF the provisions
OF the act taken together negative any such
whole act Is one harmonious and complete
scheme. and goes into effect on July /. To
separate any particular portion or, provision
working o! the whole system. The manner Of
voting provided for by the act Is materially
changed and ID necessarily slower than under
the old system. and 1t was to adapt the number
OF voters in district to the new manner Of
vision above quoted in reference to division
of the districts.
this. For instance section az makes provision
for providing election officers for the new dis
trcts; and also ;ection Il. which admittedly
the County Clerk. when district t shah i be-
divided or the boundaries changed
o m the nsA nsy 81 pGsba tho
vide therefor Il sufficient number of ballots
1t would DO useless foc the Clerk to send bal
ing therein. The same may be said Of section
E, TIE ess SoqH my ef nSt to send RTnfSd
In each election district of each town Why
REQUIRE such Isis to be posted In an election
General Regs tration act chapter 321 passed at
the same session, forming as, it does part OF
the whole scheme, may legitimately, be taken
tentlon OF the LEGISLATURE was. and here We
find in section express and ample provision
for registration In the now districts 1t seems
to me that a consideration of the whole scheme
and system and study of the various provi- |
taken in connection with the positive and I'M
eGuivocal terms OF that portion Of section % |
above quoted. inevitably leads TO the cOnclu- |
sion that all divisions Of election districts must
take effect Immediately after they have been
made.
As to the second question: There seems to
be no limit placed upon the authorities con-
corning the umher Of election districts they
may establish. so long as no district contains
more than 3OO voters, although unless n dis
ains more than 800 voters. there should
be some good reason for dividing 1t. and such !
division should not depend upon the within or
fancy Of the authorities. but upon the general
convenience and necessity of the voters.
AS to the third question: Section II ofchap- |
ter Sc, Laws Of 1880, prohibits the sale OF all
kinds OF liquors on election day in any room |
used for election purposes, and section 8 of |
chapter 321 Of the Laws OF 1890 tho new regis |
tratlon actl provides that all meetings OF the |
Board Of Registry In each election district shall |
be held ut places designated for holding the |
poll OF the next ensuing general election. -
But no building or part Of a building shall be
so designated in any city II, within sixty days |
before such designation. intoxicating liquors, |
ale or beer shall have been sold in any part OF
such building; and no room shall be so desig-
mated in any election district elsewhere II. |
within sixty days before such designation In |
tOHicating liquors. ale. or beer shall have been |
sold In such room. or In any room adjoining |
thereto with O. door or passageway between |
the rooms; and no intoxicating liquor. ale, or |
beer shall be sold In such building in city, or |
In such room or adjoining room elsewhere. |
after such designation and before such cleo |
tion.'