Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-08-26
COUNTY COUNSEL
DENIES DECISION
WAS INFLUENCED
Continued from First Page,

election by all the voters" Candidates
for office may also appoint two agents
or c~hallengers with a proviso that not
more than two may be m Tor any
group of candidates.
The language of section SO makes 1t
quite clear that it applied only where
candidates for Office were to be chosen
on election day and not where party
nominations were to be made on pri-
mary lay. Section 33, of the primary
law OF 1903, as amended in 1908, did
make the section applicable to pri-
maries and it remained so until the
primary law was again altered in 1909
by what is known as the Hines act,
and which amended section II OF the
act of 1903.
It is upon this act, which is found
| upon page 1853 of the pamphlet laws OF
1909, that Mr.. Mum bases his opinion
that the election officers have the sole
right to challenge voters at a primary
election. That is the exact language
of the law in question, which provides
further that only the Republican cleo
ton officers may challenge Republican
voters. Democratic officers those of1er-
ing to vote the Democratic ticket, ana
that the full board shall conduct the
primary of any other party holding an
election under the act.
Hines Act Supercedes 1905 Law.
Mr.. Martin held that the Hines act
was simply a reenactment of section IL
of the law of 1903, designed to require
the keeping of two instead of n pri-
mary register. 1t is, however, the
latest enactment declaring who shal
have the right to act as challenger and
appears to unquestionably supersede
the act of 1908 referred to by Mr.
Osborne and Mr.. Martin.
CITY Clerk James F. Connolly in at
tempting to have the time limit fol
filing petitions extended from ten to
fifteen days intended to do so by
amending a section of the primary act
TO include the word fifteen days prior
to said primary.
The secretary of states oAce held
that to reenact the section in question
would revive the city and county con,
vention plan of selecting candidates
as it would supersede the direct pri-
mary supplement. The f~ifteen-daJ
limitation was then provided for in q
general act.
l0e cTlllCS Oh COuiiSSiOi "uHh -.
great stress on the instructions is
sued by the secretary Of states ofic'
To election officers and refer to them al
having the approval of the attorney
general of the State.
If the latter statement is true, thel
the printed instructions were evidentl,
carelessIy prepared and indicate tina
the compilers have not examined tn
statute laws to date. On page 81 of tn
instructions for the current year /
is stated that petitions for count.
offices shall be filed fifteen days ant
for all other offices ten days prior t
the primaries.
A reference to the section Of the cleo
ton law fixing the time-iimit woul'
show that under chapter 80 of tn
laws Of 1910-the Connolly act-ap
proved April 1 last, the time-limit TO
filing petitions is fixed for county a
twenty and for all other at fifteen days
The law of 1907, concerning the in
dorsement of candidates for Unite
States senator. is not referred to in tn
Instructions at all, and 1t is claime'
to be the duty of the secretary of State
according to the instructions" t
certify to county clerks all petition
filed with the secretary of State "hf
teen" days before the primary, al
though the law says twenty days an
has been accordingly obeyed this year.