Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1911-09-14
FREE RIDES TO VOTE ILLEGAL
GaskiIl Rules 1t Doesn't Matter Who
Furnishes Transportation or How


Some of the problems which have
been bothering election officers, can
didates, party managers and other per-
sons having to do with elections have
been solved by Assistant Attorney
General Nelson B. Gaskill in a letter
written by him to Elias B. Mott, coun-
ty clerk of Morris. The letter was in
answer to a number of questions pro-
pounded by Mr.. Mott, relating to the
proper construction of the new Geran
law and it's relation to other statutes
bearing upon elections.
One of the interesting rulings of Mr..
Gaskill is that the provision of the cor
rupt practices act prohibiting, or reg
ulating, the. carrying of voters to the
polls is applicable to primary as we'll
as general elections. AS Mr.. Gaskill
views the situation, the use of vehicles
furnished gratuitously by candidate,
or any others In his behalf is Illegal.
" Some OF the other rulings of the as
sistant attorney general may be briefly
summarized as follows.
45s not necessary to apply to the
e6flFts for transfers in municipalities
of less than 5000 inhabitants at eth
er primary or general elections
Sections 81 and 50, regulating trans
fers, apply to municipalities having
more than 5000 inhabitants. Judges
shall sitson or before primary day as
provided IN the case of general cleo
tons. "A voter whose name appeared
on the poll book at the previous cleo
tion may vote at the primary election.
One of the questions asked by Mr..
Mott was: is it lawful, under the
corrupt practices act, to carry voters
to the polls for the primary elections p
This Mr.. Gaskill answers as follows:
Ruling in Point.
The question of transportation of
voters is dealt with in paragraphs "A
and Is of the corrupt practices act.
Paragraph 13, subdivision A, is as
follows, following the prohibition con-
tanned in the first part of the para
graph A, The hiring of any vehicle
for the transportation of voters to or
from the polls. This is a general
prohibition without distinction be-
tween a primary and general elections
and the polls being phrase as dis
tinctiye of the primary election as of
the general election, it seems to me
that the prohibition against the hiring
of vehicles for the transportation of
a voter applies as much to the pri-
mary election as to the general elec-
tion.
In regard to fhe primaryi e1batiars
however, section 15 must be read in
connection with, and modifying, the
prohibition in the early part of Sec
tion 13.
Section Is authorizes a candidate
for the nomination of any political
party to public Office in any county to
make an application to the judge of
the court of Common Pleas, for an or
der for the transportation of voters
at any primary election, upon the same
terms and conditions prescribed for
the transportation of voters at any
general election.
I'm order to have this privilege at
a primary election, therefore, the ap-
plication must be made to the judge of
the Court of Common Pleas by a can
didate indorsed for the nomination
which would necessarily refer to pc
tition, and not to person who desires
to have his name placed upon pri-
mary ticket, by the active voters IN
using stickers or writing, and refers
only to such persons as are candi-
dates for public Office in any county,
thereby excluding all candidates for
other offices in the other political
subdivisions of the State than coun-
ties. The applications must be made
other person in his behalf, nor may
any money be spent by any person in
his behalf or by himself for such pur-
post, the transportation being only
such as may be allowed by the judge
upon this application.
The provision for transportation
upon the order of the court seems to
me to be exclusive of the possibility
of transportation by any other method,
SO that the use of vehicles furnished
gratis by the candidate or any others
in his behalf would be in contraven-
ton of the act.
The other questions of Mr.. Mott
are taken up by Mr.. Gaskill as fol-
lows
As to Transfers.
You ask, first: In regard to trans
fers, is it necessary for voter to ap-
the boards of registry and elections in
municipalities of 5000 or less can is
sue certificate of transfer from one
district to another, at either the gem
eral or primary electionT
You will observe by reference to
Section 80, page 20, of the Geran law
pamphlet, that it is provided that the
board of registry and election in is
suing transfer certificates, shall be
governed by the provisions of this act
in relation to transfers at the general
election There is no difference, there
fore in the method to be followed at
the two elections. The method to be
followed at the general election, and
necessarily, therefore, the method
to be followed at the primary election,
is provided by Sections 81 and 50 of
the same pamphlet. 1t will be OBJ
served that these provisions refer to
transfers in municipalities exceeding
5000 inhabitants