Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-07-03
DEMOCRATS HAVE A
PULLING PROBLEM
Question Raised as to The Legality Of
Convention Held Before ths Last
Registration Dayin August.
DUE TO PRIMARY ELECTION LAW
But the Law Applies Only to
New Castle County.
AND THIS MAY RELIEVE THE DIFFICULTY

Should the Democratic State Conven-
tion meet. as called, on July 10Th, it is
questioned whether the nominees it
may select will have g clear title to
such nominations. The question is
raised because, it is believed, the
Primary Election Law, under which the
elections for delegates, in cases of
contest, must be held, does not COM
template the holding of such elections
until after the three registration days
in August, which, it is held, necessi-
tates the withholding of the conyen-
tion until after that date.
Already arguments have been adj
vanced to support the contention that
the convention will be legal, and it
may be we'll in the first place to ex-
anime the points of those arguments.
Since the primary election is to be held
before the August registration days,
the only lists of voters which can be
used are those from the election of two
years ago; but they cannot DO legally
used, as an examination of the Primary
Election law of 1897, which applies,
will disclose. Section lof that act says:
"a primary election within the mean
ing of this aeteis an assemblage Of
voters who are members of any poiiti-
cal party, organization or association
duly convened for the purpose of nomi-
mating candidate or candidates for
public office, or for the purpose of
| selecting candidates as aforesaid, which
at the last general election before the
primary election polled at least ten
| percentum of the entire vote of the
State, or any division or subdivision
thereof, for which. the nominations are
made" And in section IS it is pro-
vided specifically s'that the time for
holding of any primary election shall
be after the last day Of registration in
the month OF August, for the ensuing
4 general election. /"
The fact that the Democrats held an
election in June, 1890, to nominate
delegates to the National Democratic
| Convention has been referred to as
can be legally held before the August
registration days, hut this view is con.
troverted by the language of the act il
making an exception of such conven
tion. The provision is in section Az
and reads; THAT the provisions o.
this act shall not apply to any primary
election held for the election of dele
gates to any State convention called fol
the purpose of eleoting delegates OF
representatives to -any national politi
cal convention" And the act, il
section IS, provides that for city cam
paigns the primaries shall be held il
May and that those registered on th,
three August days prior to the previ
GUS general election shall be qualified
to vote.
All these Consideration lead only tt
the conclusion that the act contem
plates that State conventions, such al
that called, shall meet after the Angus
registration, and that only the persons
registered on those days shall be quail
fed to take part in the primary cleo
tion preceding the convention.
! 1t is pointed out that the law is jus
as binding as a law for general cleo
tions, and hence, if the law is violated
the title of the nominees might b.
fatally affected.
On the other hand, it is maintained
that as the Primary Election law ap
plies only to New Castle county, anC
as Kent and Sussex delegates will com
prise majority of the State Conven
tion, the action of this majority vii
vltiate the objection raised.