Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-06
Only Those Who Were Registered
the First Three Saturdays
- in August Are
: Qualified. j,
OPINION BY J. HARVEY WHlrEMAN
Prepared at the Request of the
Department of Elections
New Voters Must Pay
Dollar Each to Get
Registered.

Tuesday Mr.. J. Harvey Whiteman,
counsel of the Wilmington Department
Of Elections, submitted to Thomas G.
Doud, Charles f. Thomas and Martin
+. FAIRY, members of the department,
the following legal opinion:
The question of the right to add
names of persons to the "VotiDe Books
of Qualified Voters for Primary Elec-
tions" having boon submitted to me by
your department, / respectfully submit
the following reply:
The chief object of the act entitled
I" AN act to provide for the purity of
Primary Elections" being chapter 1903,
Vol. Xxx, Laws of Delaware, was the
asoertainment of persons who would be
qualified to enjoy the right of au
elector at tho primary elections follow
ing. To this end the days of registra-
ton were fixed for tho three successive
Saturdays in the August next preced-
ing the general election. Under the
laws above referred to it is the duty of
the officers of registration, in addition
to their regular duties, to enter alpha
betically in the Voting Books of
Qualified Voters for Primary Elec-
tions" the names of such persons us
are found to be qualified to vote at the
general election following and the
names of such persons as may become
qualified to vote at such general cleo
tion. Tho said two "Voting Books of
Qualified Voters for Primary Elec-
tions" shall be compared and certified
to by the officers of registration on the
last day of registration in the month of
August. and shall Immediately after
such certification be delivered to the
ri nf h. 4
books shall be kept by the said depart
ment until the day of any primary cleo
tion when they shall be delivered to the
inspector of such primary elections,
who shall within two days after the
day of the primary election return the
same to the said department, who shall
preserve them.
The act referred to further provides
that any person having the custody of
any voting Book of Qualified Voters
for Primary Elections" who shall
fraudulently make any entry, erasure
or alteration in said books, or who per-
mits any other person to do so shall.
upon conviction therefor, be adiudged
guilty of misdemeanor and shall
be punished by Imprisonment in the
county Jail for period not exceeding
two years, or by fine of not more than
$500, or both.
By express provision of the above
| mentioned statute, no person whose
name is not contained in the ''Voting
Books of Qualified Voters for Primary
Elections" shall be allowed to vote at
or participate In any primary election.
The primary election officer who re-
ceives the vote of any person contrary
to the foregoing provision, and the
| person casting such vote, are both sub
iected to a punishment by fine. / am
| therefore of the opinion that there is
no provision Of law whereby either your
department or the registration officers
| can add any name to tho Voting
Books of Qualified Voters for Primary
| Elections. :"
The original draft of the statute in
| question was intended to apply to pri-
mary elections held for the purpose of
nominating or selecting candidates to
be voted for at general election only,
but amendments were added to the bill
while pending in the Senate which ex-
tended its operation to include primary
elections held for the purpose Of noni
mating or selecting candidates to be
voted for at the municipal elections to
be held in the city of Wilmington.
While the effect of tho amendments is
to legalize primary elections held in
the city of Wilmington for municipal
purposes, and provides that no person
whose name does not appear on the
Voting Books of Qualified Voters for
Primary Elections shall be entitled to
or shall DO permitted to vote at a
primary election to nominate candi,
dates to be voted for at the subsequent
municipal election in the city of vii.
mington, it does not provide for the
addition to said voting books of the
names of the persons who registered
subsequent to the last day of registra.
tion in the month of August, nor oil
such persons who have become other.
wise qualified since tho general election
to vote at the municipal election, leav.
ing the other provisions of the statute
which negative the right to add an,
names to such books in full force anc
effect.
Under the provision Of section IS Of
said act, the election officers and thu
members of the Department of Elec-
tions may revise said voting books by
transferring the name of qualified
voter appearing thereon from the vot
ing book of one primary election dis
trict to the voting book of another pri
mary election district, in case such per
son has removed from one district int,
another district.
/ may with propriety add that th,
conclusions to which | have arrived are
, in accord with the opinion that pre-
, vailed at the time of the first operation
Of the statute in question. The pres.
/ of this city, without regard to part,
affiliations, united in the construction
herein given to the said act, and rem
dered faithful and persistent services il
disseminating knowledge of the con
sequence OF delaying the importan
duty of registering. beyond the montl
of August. The three Democratic or
!. CARNATIONS of the city of Wilmington
viz: The Bayard Legion Democrat
Club, the Democratic League Of Della
ware and the Young Mons Democratic
Club, all joined in the Interpretation
herein given, and united in publ
:: address and appeal to the voters of tn
: city OF Wilmington, in which addres
= the following language was used
Every Democrat should participate il
: the primary election held for the pur
pose of nominating candidates to b
p voted for at the election following
: Unless you have complied with tn
registration laws on one of the tire
days in tho month of August, you can
not vote at such primary elections. -
: You further inquire if the paymen
Q OF registration fee is required Of poi
/ sons who register at the revision c
] registration on the fourth Saturda
j. next preceding the day OF any munici
: pal elcetion. am of tho opinion tina
Il prerequisites for voting at the genera
Q election are incumbent upon citizen
:. who desire to qualify themselves to CT
J. Joy the right OF an eloctor at tn
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