Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-09-19
RULES WATCHERS
IN PRIMARIES ARE
NOT AUTHORIZED
Gaskill Says Challengers Are
LOCALIZED Only in General
Elections.
ADVISES COUNTY BOARD
OF LIMIT TO IT'S POWER
Declares 1t Lacks Authority to
Add to Registry
List.

mat there Is no authority III the
| election laws for the appointment of
watchers, challengers or agents on
primary day is the gist of the opinion
received today by County Counsel j.
Henry Harrison from Assistant Attor-
ney-General Nelson b. Gaskill. He
says, in his opinion, that while the new
corrupt practise act provides for such
watchers, challengers or agents, the
section in which such provision is made
refers only to the general election and
not ito the primaries.
The county counsel had asked for the
opinion at the instance of the County
Board of Elections, and that board is
further advised that as a revising board
it has no power to add names to the
registry list as the same has been COM
piled by the local election officers.
Law Silent An 10 Method.
on the latter issue he says:
eff 1t be ssumed that there is power
in the county boards to add names to
the registry lists, the law being silent
as to the method to be pursued in such
cases, the personal element in regis
tration might thus be easily avoided.
Unfortunately, this matter is on de-
batable ground, and / can not forecast
the position which a court of review
would take should the matter be- prop
erly raised"
The opinion also defines political
party" Organization" and tells what
a candidate is.
political parties Mr.. Gaskill says
means those political parties which at
the last preceding general election cast
the largest and the ext largest num-
Der of votes in the county for member
of Assembly. The references in the new
election laws to organization " he de-
clares, Include any political assocla-
ton not included within the preceding
definition, which has a specific interest
as an organization in the election by
reason of having a candidate or candi-
dates actually in the field. 'Candi-
date" he rules, covers all those re-
ceiving regular party nominations,
those who have indicated their inten-
ton OF being candidates and who are
regularly ON independent or fusion
tickets. and those who have signified
their intention to run for office by the
use of sticlxers or written names upon
the tickets at the general election"
The opinion In part follows.
For Genera Election Only.
1.-The function of the challengers re-
ferred to in the corrupt practises act
and in the Geran act is precisely that
which was created by the former laws.
and If attempt should be made under
this section of the corrupt practlses act
to utilize challengers or agents on the
day Of the primary election, they would
seem to have no authority or power
conferred upon them for that purpose
by law. 1t is quite clear to me, there
fore, that the section in question has
application only to the general election
day,
IF you interpret this section to apply
only to the general election Is there any
authority in law for us to appoint
agents as distinguished from chal-
lengers for primary election, such
agents having nc right to be present
within the rallied enclosure at the polls?
THE duty OF challenge at the primary
election, under section 10, of chapter
107, laws of 1909. seems to be vested
solely in two members OF the board OF
registry and election appointed from
the political party which, at the las
preceding general election, cast the larg'
est number of votes In the county, and
the members of the board appointed
from the political party having cast the
next largest number of votes at thu
same election, From which my con
clusion is that there being no duty fol
either challengers or agents to perform
under the law at the primary election
the appointment OF either would be i'm
proper"