Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-08-15
NOT FURNISH
BADGES FOR USE
ON PRIMARY DAY
County Counsel j. II. Harrison
so Instructs County Board
of Elections.

In an opinion to the County Board
of Elections by County Counsel J.
Henry Harrison and made public to-
day. covering the matter OF badges to
be supplied by the Board of Challen-
gers at the elections, it is advised that
they need not be furnished for the
primaries. but for the general election.
This is the county counsefs opinion;
I'm reply to you recent request for
an opinion concerning the provisions
of Section 10, Chapter 1873, p. L. 1911,
popularity termed The Corrupt Prac-
tices Act in the matter of the NUM-
Der of badges to be supplied by your
board to challengers or agents at the
next primary and general elections, |
desire to advise YOU as follows:
Section 10 provides in part as fol-
lows.
mo money shall be spent, and no
expense authorized or incurred on be-
half of any candidate for nomination
to any office, or on behalf of any can
didate for any office or party position.
or on behalf of any political party or
organization for either of the follow
ing purposes:
"'(a) The hiring of any vehicle for
LILO DdlloPOt aLiOh u ~
the polls:
"'(b) The hiring of any watchers.
agents or challengers for any work on
election day.
Provided that each political party
or organization may employ not ex-
ceeding two persons on election day to
act as challengers or agents in each
polling place as now provided by law;
-..- n,,l ooo.,t ah Ill
on said election day wear a badge
which shall show to any other person
the political party or candidate for
whom sach challenger or agent is act
ing; said badges shall be furnished by
the county board of elections.
s~tateutc Highly Penal.
THE statute in question is highly
penal and hould be strictly construed,
| am of the opinion that the term
election day as used in the above
quoted part of the section should be
taken to refer to the general election
day, and not to the primary election
day. This is the generally accepted
meaning of the term. and throughout
the act, where provisions are made
concerning the primary election, 1t is
so specified. In the latter part of the
section, which deal with the matter
of transportation to the polls at the
general election of aged or inflrm vot-
ers, the words election day ale twice
used in context, which undoubtedly
confines the term to the day of gem.
eral election, m presumably these
words were intended to convey the
same meaning in every part of the
same section. e.
peiese the above construction rs
iuftner borne out by Il consideration
vi lnis section In connection With the
proflsions OF r. - 1909, known as the
Zines act ne aforementioned statute
plainly gives the conduct OF 1.-THE brl-
mary eiectlons n the sole right TO
ehalienge the voters offering to vote
the tickets OF the respective parties II
the members of the local boards of
eiectlon appointed from the two politi-
cal parties casing the largest and next
largest m OF votes at tho last
preceding election, The words used
are words of exclusion; and, being the
last expression of the legislative VIII
on this point, should control, and to
this extent repeal previous statutory
provisions giving other parties The
risnt 10 cnaliense. Inc voters a, Pr.
iuary eiectiohs. MS CONSTRUCTION OF
the nihes ACT, IL seems 10 me, mar
inohl1es WIN the aooVe Interpretation
OF seclion 10 Oh the corrupt practis 5
act, ana Is IN accord with the reason
ana spirit Oh the latter act.
Refers 10 General Law
The provlso in the section OF the aet
under discussion, permitting the EN-
ployment OF not more than two persons
on election DAY to act as chailengers
In each poiiins place as no" provided
by law woulo seem 10 REFER TO section
% OF the general election law ". L.