Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1902-12-05
VOTERS At KENT'S
SPECIAL ELECTION.
Only to those Qualified
Since Last Election
Those Who Failed to Register for
That Election Barred Out.
BUT THERE IS CHANCE FOR TRANSFERS

Dr. George w. Marshall, OF Mil
ford chairman of the Union Repub-
lican Committee of Kent county,
recently sent a letter to Attorney
General H. H. Ward, asking for
his opinion relative to the qualifi-
cations of people to vote at the
special election to be held in the
Ninth Representative district of
Kent county, on December goth.
Mr.. Ward declined to give any opin
ion as Encouragement, not being
authorized to do so under the law,
but as an attorney sent an opinion
to DR.. Marshall, which was also
given out for publication at the lat
ter's request:
Hesays, the law applying to your
questions generally,is found in sec
tion Fl, chapter SO, Vol. XXI, Laws
of Delaware, and in section of
the same chapter. The portion of
section II applicable reads as fol-
lows
Section 27.-In any case of q special
election held in this State, it shall be
the duty of the registration officers Of
the respective election districts in this
State, hereinbefOr provided for, to sit
on the third and fourth Saturdays inn
mediately preceding the day Of such
special election, from o'clock a. NJ.
until p. m, with an intermiss on
from IL to l, at the place where the fol-
lowing special election will be held, or
at some convenient and suitable place
in the town or village in which such
election will be held, and at such sit
tings to add to the register and books
of registered voter aforesaid of their re-
speetive election districts, THE
NAMES OF ALL PERSONS APPLY
ING TO THEM WHO MAY HAVE
BECOME QUALIFIED TO VOTE
SINCE THE DAY OF THE LAST
GEN ERAL ELECTION, OR WHO
MAY BECOME QUALIFIED TO
VOTE BY THE DAY OF SUCH
SPECIAL ELECTION.
1 construe the capitalized por-
ton of the above quotation so as
to exclude any person who was
qualified to vote, whether regis
tered or not registered at the time
of the last general election, whether
such person resided within or with
out the Ninth Representative dis
trict in Kent county. In my opin-
ion, the only person. who may be-
come registered at the sittings of
the registration officers on the third
and fourth Saturdays Immediately
preceding the day of such special
election, are those who may have
become qualified to vote since the
date of the last general election, or
who may become qualified to vote
by the day of such special election.
DR.. Marshall's fifth question to
the Attorney General on this sub.
ject was:
"Will person who registered
and voted in the First Election
district of the Ninth Representa-
tive district, and subsequently to
the date of the last general cleo
ton moved into the Second Elec.
ton district of the Ninth Repre-.
sentative district, in which Second
Election district on the goth day oil
December next, he will have beer
a resident for more than 30 days
be entitled to vote at the said spec
ial election -
This question involves no right
of new registration for such spec
ial election. 1t would seem a greaf
hardship that a person qualified tC
vote in said Ninth1tRepresentativ,
district should be deprived of hi,
right to vote by the mere fact o
taking up his residence in anothe.
portion or election district of tn,
same representative district.
In my opinion, section 8 of chap
ter SO, Vol. XXI, Laws Of Della
ware,which provides for the trans
fer of a registered voter from tn,
registration books of one election
district to the registration books O
another election district, in the cas-
of his removal from the one cleo
ton district to the other electiol
district after registration and befor