The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-17
PRIMARY LAW IS
BY NO MEANS
PERFECT
One Flaw Allows Five Demo
cratic Votes to Nominate
a Republican.

TRENTON, Sept. 17.-Among many
complaints made against the workings
of the law regulating primary elections
is one from Rocky Hill, where a candi-
date for constable on the Republican
ticket thwarted efforts to keep him out
of the fight. Shortly before the pri-
maries closed he learned that he was
overwhelmingly beaten, and as the
Democrats a no candidate for the
Office he appealed to his friends of that
party, several of whom wrote his name
on their tickets, thus placing him in
regular nomination. The district Is a
close one and the resourceful politician
thinks he can be elected. He Is af-
fliated with the New Idea" wing Of
his party.
The trouble, although involving only
the nomination for constable, is one
that might be encountered in contests
for more important positions.
One of the Republican leaders of
Rocky Hill last Saturday recited the
case to City Clerk Salter. who told him
that the candidates action was legal,
even though he had not filed a petit
ton and his acceptance as a Democrat.
AS the matter stands, his name will
appea on the Democratic ballot as the
party's candidate for constable, al
though he is a Republican and was
voted for at the primaries by only Ave
men.
The law provides a shield against such
cases by requiring petitions n accept
ances, and In another section breaks 1t
down by stating persistently that none of
its provisions shall act as a barrier against
voting for any man. The latter section
was added, 1t is claimed, in order to make
the law constitutional regarding the rights
of suffrage.
Among the leading politicians there is a
| 1ifForopnA re DNf~fA- -
the demand of the Constitution extends to
primary elections. Many claim that it APP
plies only to the actual election. and not
to the nomination of candidates., and as
many take the other view.
Few politicians of either party are en-
tirely satisfied with the law, and it is
likely that another effort will be made to
have 1t amended In the section referring
to the primaries. Hardly a single ward
leader who has visited the City Clerks
office since the recent primaries has failed
to narrate confusing incidents which came
under his observation.
One of the questions asked Is why should
a man who since last election has changed
his politics be deprived Of voting at the
primaries at which the candidates whom
he intends supporting on election day are
contesting. Under the law he is barred
from assisting in the nominations because
he canno take the following oath:
You do solemnly swear that you are a
member OF the - party; that at the
last election for members of the General
Assembly at which you voted, you voted
for a majority of the candidates OF said
party whose Names were printed on the
ticket of said party. and that you intend
to support the candidates of said party
at the ensuing election
Last winter Assemblyman Barber intro
duced a bill. House No. 1856, the passage Of
which would have restored the oId-tIme
ward meetings minus their Objectionable
features. Such a law would make COM
plications which are now arising impos-
sible The bill was drawn by CITY Clerk
Salter after many conferences with lead
ing men of both parties and it embodied
their ideas. No action was taken on the
measure because of q difference of opinion
concerning its constitutionality.
The bill provided that county chairmen
of both parties should issue a call for
ward meetings ten days before the first
registration day and that the voters of
the two parties in each ward should meet
and organize FIVE days later. At such
meetings candidates would be put in NOM
ination and they would stand unless there
was a contest. In the latter event tickets
would be prepared containing the names
of the contestants and they would be bal
loted for on the first registration day un-
DER the supervision OF the regular election
officers. BY this means the disgraceful
proceedings which under the old law fire.
quently marred the primaries would be
eliminated.
The feature of the Barber bill regarded
by some as unconstitutional was its fifth
section, which read as follows:
THE board of registry and election, in
canvassing the result of said elections held
under the provisions of the preceding Sec
ton, shall not count the name of any
person or persons voted for upon the Off
cial ballot other than those printed upon
said official ballot, or nominated In ac-
cordance with the preceding sections"
Some of the leaders declared hat the
section interfered with the constitutional
right Of the voter TO vote for any person
he might. choose to-. Others held that the
tions, and not to primaries, the latter not
having been adopted until long after the
CONSTITUTION was framed.