Omaha daily bee., 1908-08-16
WHO NAY VOTE At PRIMARY
Electors Not Registered Last Fall Are
Out Of It.
so SAY MAGNEY AND BURNAM
COunty Attorney send. Letter 90 Clerk
of District sRd city Attorney
writes 60 City CIerk Out-
lining Their Findings.

According 70 the rulings Of the city and
county attorneys. . large number Of legal
voters win not be allowed 70 vote IN the
primaries September l. They viii be de-
prived Of their right Of franchise on pr
mary day because they "nsClected' to
register on the last registration day.
Assistant County Attorney Magney has
addressed a letter to Robert Smith. clerk
Of the district court. explaining TO him
how 10 conduct the primaries as he reads
the Law, and City Attorney Burnsm has
written Dan r Butler. city clerk. q SINH
lar letter, telling him Who can vote In
the primaries and who cannot The two
attorneys consulted before writing their
opinions and agreed in every particular.
Their letters tell who can vote and those
NOT mentioned in their ommunications can
not as Mr.. Magney explains II.
To vote in the primaries a man must have
registered at The last preceding day OF
registration" STATE the legal Departments.
II q voter was out Of the CITY on the last
registration Gay and therefore did not regis
ter, be cannot vote. or. II he was sick
and unable to go 10 the registration booth.
be is ostracised. Many voters have moved
10 Omaha since last fan and have now
lived in this city or county the requisite
six months. The statutes states that a
man who has attained the age of 2 years
and who has lived in the state SIX months
and in the precinct thirty days car vote
TIT Law IN this county has been construed.
however. TO bar him out and be cannot
vote, even though he has been in the state
six months and in the precinct thirty days.
because he did not register at the last
registration. He could not register At the
4 lau+ ~aufuf~a Hka- ha~aasaa - - - -
Text of MAEney's Letter.
The letter Of Assistant County Attorney
MaEney 20 District Clerk Smith, which IL
in the main the same as the letter OF
City Attorney BurnAm to the city clerk. IL
as follows the letter bearing the date os
August Ii;
AS requested by you, ] have examined
the statute with reference 10 the right OF
a person whose name does moi appear on
the list or registered voters, 10 vote at the
coming primary election"
Section III chapter XVI Of the compiled
statutes for 1907, provides that any qualified
eleclor may participate in the primary
election by presenting himself al the proper
polling place, and stating 10 the judges Of
the election, what political party he affn-
This is the general rule which applies to
al villages and country precincts, where .
registration Of voters is not required.
Section IL provides that in cities where
registration is required by law. no one is
permitted 10 vote al the primary election
unless he has been duly registered. except
he be q first voter, or shall have moved
into the precinct since the last preceding
day of registration"
In my opinion the term first voter
means any one who has become OF axe
since the LAST registration, or. n Of foreign
birth. one who has declared his intention
10 become 4 citizen thirty days prior 70 the
primary election
The other exception applies 10 all voters
who have moved into the precinct since
the last preceding day Of registration
The first voter or the one who has
moved, must satisfy the judges OF the pri-
mary election, Of the fact that he is a first
voter" or that he had moved as above
stated.