Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1902-05-29
Law Governing Primary Election

AS good deal of doubt and uncer-
tainty exists among the voters as to
the right to vote at the nominating or
primary elections, have been request
ed to give the law on the subject.
Article s. of the Constitution of Penn
sylvania, prescribes the qualifications
of electors" Section l. Every male
citizen twenty-one years of age, pos
sessing the following qualifications.
shall be entitled to vote at all elec-
tions."
First. He shall have been citizen
of the United States at least one month.
Second. He shall have resided in
the State one year Immediately proceed
ing the election, &c. &c.
Third. He shall have resided in the
election district where he shall offer to
vote, at least two months Immediately
preceding the election.
Fourth If twenty two years old, or
upwards he shall have paid within two
years State or county tax, which shall
have been assessed at least two months,
and paid at least one month before the
election.
This is fundamental law, imbedded
in the Constitution itself. and cannot be
abridged or taken away by any Act of
the Legislature, or party rules.
1t will be observed tuat the Constitu-
ton uses the words entitled to vote at
all elections" "All elections" means
and embraces nominating conventions
or primary elections.
The Act of Goth June, 1881, makes it
the duty of the judges, inspectors and
clerks, or other officers of primary cleo
tions, meetings or caucuses to be sworn
to impartially and faithfully perform
their duties, in accordance with the
laws and constitution, and anyone act
ing in such capacity, before subscrib bing
to the oath, or affirmation required by
this Act. shall, on conviction, be fined
not exceeding two hundred dollars; or
if any judge or inspector shall knowing
ly reject the vote Of any person entitled
to vote, or shall knowingly receive. the
vote of any person not qualified, he
shall. on conviction. be fined two hun
dred dollars, &C.
The Act of Sth of June, 1881, P. L..
20, 4th Sec., reads as follows: If any
person not qualified to vote at general
election. shall vote at nominating cleo
tion held by any political party or if any
person shall procure any such dlsquali-
fed person to vote, or if any person
shall vote at more than one election dis
trict. or if any person shall advise or
procure an other so to do, he or hey
shall be guilty of a misdemeanor, and
on conviction, shall be fined the sum of
two-hundred dollars. and imprisoned
for term not exceeding months"
The two acts referred to were passed
to prevent fraud and bribery. and they
must be carried out to effect the pur-
pose of the enactment. The general in
tent of these two acts was to put the
rights of the voters in party or primary
election under the projection of the law,
in the same manner that rights of voters
at annual elections have always been
under such protection.
Commonwealth vs. Young, 10th Su-
perior Court, 317.
Cantwell vs. Ridgway, Is Philadel-
phia, $40.
These are therefore held to be cleo
tion laws, within the meaniog of the
constitution.
The time, places. and modes of hold
| ing such primary elections and the
qualifications of the voters are regulated
by the rules of the party. Democrats
are not allowed to vote at Repub biican
primaries Neither are Republicans
allowed to vote at Democratic primar-
les. To this extent, each party can fix
the qualification of the voters.
To sum up the law, it comes to this:
| That no person has right to vote at
any primary election, who would not
haye right to vote at a general cleo
tion, and he must be in the district
where he offers to vote at least sixty
days, If single man. but if married
man, sixty days in the district would
not entitle him to vote at primary
election, if his family lived elsewhere.
Neither would minor be allowed tc
vote at primary election, though he
might be twenty one on the next day
after the primary.
+, Such being the law, let the voter be
aare that he does not subject himself
to the penalty of the law, as well as the
person who solicits his vote.
BLACKSTONE