Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1903-09-03
COUNTY CLERK
GETS INSTRUCTIONS.

County CLERK Betchner has been
officially notified by the Secretary of
State that the new, instead of the old
election officers will have charge of
the primaries and elections the coming
month. There had been qualifica-
tion raised under the new primary law
which officers should serve, the new
or old board. Here is what Clerk
Betohner received from the Attorney
Generals Office, through the Secre-
tary of State:
STATE OF NEW JERSEY.
Office of the Attorney General,
Trenton. N. j., Aug. 25, 1903.
Dear Sir-My attention has been
called to difference of opinion upon
the question when the new Boards of
Registry and Election shall take Office
arising from some confusion between
the new primary act and the election
act On the eighth of the present
month | was written to by the Chair
man OF the Hudson County Board of
Elections, requesting my opinion
upon the subject. At that time / was
unaware that in your instructions
relative to the duties of officers and
voters, issued this year, you had stated
that "The term of office of the mem
bers of the District Board of Registry
and Election shall begin September
18th of each year. or when their sue
oessors are appointed and qualified
Section II. They shall take the official
oath before performing any duty, and
forward it to the County Clerk. Sec
tion 16. 1t will be observed that the
terms of office of the members of the
District Boards of Registry and Elec-
tion throughout the State appointed
in 1909, do not expire until September
10th, 1908; therefore, all duties re-
quired to be discharged ON OR before
September 10Th. 1908 by District
Boards of Registry and Election. must
be discharged by the Boards that were
appointed.
Had known this I shonld certainly
have consulted with you before advis-
ing to the contrary. A careful read
ing Of the two acts, however, led me
to conclude that while it is technically
true that section II of the old election
law act is not expressly repealed by
the new primary law, which does
amend section Is. still it is repealed
by implication, particularly in view
Of the provisions of section "a of the
primary act. which states that "All
acts and parts of acts which in any
wise conflicts with the provisions of
this act are hereby repealed. I,
therefore, on August 18th. advised the
Hudson County Board of Eections that
the new boards should conduct the
registry and all proceedings from the
time OF their appointment, September
lst, under the new act. Before send
ing that letter I took the pains to
ascertain the views of the party
manager in Essex County, and found
that they coinoided with my own and
that it was proposed by both parties.
to act in accordance Herewith at the
coming election. The publication of
my letter to the Chairman of the Hud-
son County Board of Elections has
created great confusion and uncer-
tainty throughout the State, and I
have. therefore, again examined the
question and find no reason to change
my views or reach an opposite conclu-
sion. On the contrary, believe that
the proper Interpretation of the two
acts requires that the new boards
should commence their duties on the
first day of September. Realizing
that difference in views upon this
subject might lead to confusion in
order, if possible, that Uniformity of
action may be obtained throughout
the State at the approaching election.
Very truly yours,
ROBERT H. McCARTER,
Attorney General.
J. B. r. SMITH, ESQ.,.