The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-10-22
NEGLIGENT VOTERS.
Those Who Did Not Register
May Apply to the Elee-
tion Board.

The question as to whether or not the
name of any voter who failed to register on
either of the three registry days can be
added to the lists between now and election
day, is bothering the leaders of both parties.
In former years a legal voter whose name
did not appear on the registry could, by pre-
senting himself before the judges OF the
Court of Common Pleas, and establishing his
right of suffrage, obtain an order from the
court authorizing the election officers in the
precinct in which he resided, TO receive his
vote.
This year, however, under the new cleo
ton laws, that power is taken from the
jude e~ of the Court of Common Pleas and
veste,. in the County Board of Elections 10
what extent they can use their power, how
ever, is not fully defined. Section 3O4, page
1856, of the election laws reads as follows:
'sThat it shall be the duty of the several
County Boards of Elections to sit at the
offices SO provided for them on the Saturday
next preceding, and also on the day OF cleo
tion, from eight o'clock in the forenoon till
five o'clock in the afternoon of each OF said
voter in any election precinct or district has
been improperly or inadvertently left of
the registry list, he may, on said days, apply
to the County Board of Elections for the
purpose of having his name placed upon the
registry list, and the County Board OF Elec-
tions, upon application to them for that pur-
pose, and upon proper evidence satisfying
them that such person is legal voter en-
titled to vote at any such election, may give
their certificate to that effect, that such
voter may present said certificate to the
Board of Registry and Election of the dis
trict or precinct in which he is entitled to
vote. and said board shall receive and file
istry list, and he shall thereupon be allowed
to vote at said election, and no name shall
be added to the said registry list after the
last registry day preceding the election,
except in the manner provided for in this
section"
.' THE BOARD PUZZLED.
Although this seems perfectly clear, the
members of the County Board of Election
are somewhat in doubt as to how they should
construe the meaning OF the words Slmpro-
y
list.S Webster defines ''inadvertency" as
s.inattention; negligence" The question that
the members of the board are unable to de-
eide is whether the the inadvertence. referred
to in the law is applicable in the case OF
voter who failed to go in person and register,
or intended in the case of voter who did
appear on regular registry day and the
election officers, in making up their llst, IN
adyertently omitted his name.
Several prominent lawyers were asked
their opiniOns Some advised one way and
some another The board then communi-
Gated with Attorney General Stockton and
requested him to give his opinion. He re-
piled as follows:-
.sThat part of the law which you cite ex-
pressly provides that in case the name OF
any legal voter in any election precinct or
district has been improperly or inadvert-
emily left off the registry list, he may apply
to the County Board of Elections for the
purpose of having his name placed upon the
registry list, and the County Board of Elec-
tions. upon application to them for that pur
pose, and upon proper evidence satisfying
them that such person is a legal voter en-
titled to vote at any such election, may give
the certificate to that effect"
WORDS VERY PLAIN.
ssThese words are so plain that it is I'M
possible for me to understand what doupt
can arise in regard to their construction.
The object of the section seems to be to
abolish the jurisdiction of the Court of Com
mon Pleas in this matter and substitute the
County Board of Elections in its place. The
authority is expressly given to the Board to
order names OF legal voters improperly or
inadvertently left off the registry list to be
added thereto"
In the face of this it would seem that the
duty of the County Board of Elections is
very plain. A prominent lawyer of this city
said this morning that all that was necessary y
for any voter who was not registered was
for him to go before the Board on the day
mentioned, prove to them his right OF suf-
frage, and they would have to grant him