Evening journal., 1899-04-05
WHlTEMAN'S OPINION
Department of Elections Will
Act on 1t.
AUGUST REGISTRATION REQUIRED

AT THE CITY PRIMARY Et.EC-
TlONs. AND THIS DIsPOSEs OF
THE MATTER.
]. Harvey Whlteman, attorney for
1.-THE Department OF Elections has rem
dered to that body the following opin-
ion on the question Of those who can
lawfully rartlcipate in the approach
ing city primary election and 1t has
lloen accepted by ,he department. asl
It's guide:
Wilmineton. Del, April 4. 1899.
Thomas C. DCud Charles Il. Thomas,
Martn f. Fairy. Members OF thel
Department az Elections cf .hel
city of Wilmington.
Gentlemen: The question Of the right
lto add names Of persons to the voting
books on qualified voters for primary
ie,ection having been submitted to mel
Inv your department.. ! respec..uIy cub
INIT the following reply:
The chief object CT the act entitled
lsAn Act to Provide fer the Purity of
Primary Elections being chapter S93,
volume 20, Laws Of Delaware, was the
asoertunm-n MT cf persons who wculd
be qualified to enjcy the right OF an
leleetor at the primary elections follow
Ing. To this end the days az regis
ltration wer fixed for the three success
lsive Saturdays, beginning with the sec
lond Saturday in theAmg. next preceding
the general election Under the law
above referred TO, 10 is the duty OF the
? Ioffleers OF registration, On addition to
Their regular duties, to enter alpha
/ hetically in me voting books OF quall-
fed voters for primary eledions the
names OF such persons as are found 10
be qualified TO vote at lthe general dlec-
, ltiou following. and the names or such
persons as may become qualified TO
vote at such general election. Tho
said two voting books ci qual Ned
D voters fer primary elections shall be
compared and certified TO by the OIL
- lcers Of registration on the last day Of
d registration In the month of An2nst
= and sha'l Immediately alter such certi-
@ hcaiion be delivered to the Department
e of Elections. The said books shall be
3 kept by the said department unNl the
3 lday Of any primary election. when they
shan be delivered 10 the inspector of
T. such primary elections. who shall
e within two days after the day cli the
{. primary election. return the same "a
the said department. who shall pre-
.e serve them.
y. The act referred to further providge
a that n any person having the custody
= lcf any yOting book Cf qualified voters
for primary elections shall fraudulent!
make any entry, erasure or a,terticl
I" I'm said books. or who permits am
lcLher person to do so shall, upon con
FL viction therefor. be adiudgod guilty o.
oi misdemeanOr, and shall be punished
* by imprisonment in the county Jail fo'
az a period not exceeding two years, O
BY a fine of not more than $500, q
sd beth. BY express provision cf the abov'
or mentioned statutd no person who's
c. name Is not contained in the votnl
\ books of qualified voters for prmar.
tn elections shall be allowed to vote at o
or participate in any primary Clection
en- The primary election officer who re
On ceivcs the vote of any person ccntral-
e. TO the foregoing provision, and IN
In lpersOn casting such vote are Beth sub
n. liected to a punishment by fine. | am
A. therefore. Of the opinion that there
a. mo provision of law whereby eithe
y lvour department or the registration OF
i lfcers can add any name to the votin
books Of qualified voters for primar
90 elections.
&c The original draft Of the statute &
question was intended to apply to pri
~ mary elections held for the purpose q
10 nominating or selecting candidates
Oh be voted for at general elections onl.
ISL but amendments were added to the bi
nc while pending in the Senate which ca
tended its operation to include pr
We lmary elections held for the purpose {
81 nominating or seledting candidates
nd o., voted for ait municipal election
sn. he'd IN the city Of Wilmington. Whi
-a- the effect Of the amendments are to ,ei
ry alize primary elections held
m the city OF Wilmington for mi
Of lnicinal purposes and provides that I
person whose name does not appel
by on the voting books cf qualified vote
lat for primary elections shall be entith
-ay to or shall be permitted to vote at
les primary election TO nominate Cand
md dates TO be vCted for at the subseque
de- municipal election in the city az w
mlngton Il does not provide for the a
the ditiCn to said vOtirlg books or q
ing names CT persons who registered su
M seQuent 10 the last day CT registrati'
b,s in the month Of August, nor Of su'
II persons who have become Otherwi
,be qualified since the general election
10, vote at the municipal election leavii
49, the other provisions OF the statu
,'s which negative the right to add al
u nanss to such books in full force a
effect
uoh Under the provision of section is
re- said act, the election officers and ma
an bers of the Departments of Electio
my lmay revise said voting books by tran
day leerring the name Of qualified vO
hes appearing thereon from the vOti
eby beck for one primary eleIcaicn distr
the to the voting book Of another prims
election district in case such person I
the removed from cne district into anotl
I Of district.
] may with proprie,y add that
for conclusions to which have arrived {
au- in accord with the opinions that p
75O; veiled at the time Of the first ope
cas- ticn OF the statute in question. Z
the press CT this city, withcut regard
parity affiliations. united in the q
struction herein given to the said ;
ard rendered faithful and persist
baw services in Disseminating a knowles
,be cs the consequences cf delaying
-. imnorteut duty CT registering beyt