Perth Amboy evening news., 1911-09-25
RIGHT TO VOTE
AT PRIMARIES
Assistant Attorney General
Gives His Opinion.
.psctaI 10 n. N rs xn

-LSttAl 70 tNs n y ENlNB M VI
Trenton, Sept. 25:-Assistant At
torney General Gaskiu has given an
opinion 10 Robert Il. McAdamg
chairman Of the Union County Board
Of Elections with reference to the
right OF voters at the primaries to-
morrow to vote In the ballot boz
Of the party other than the one in
which they voted at the primaries
last year. Mr.. Gaskill says that IN
der the provisions Of the new Geran
law, the board of elections is re
quired to designate the party Of all
voters whose names appear in the
primary registry list of the preced-
ing year, according to the declara-
ton of the voters and his vote at
that time. The board of elections
upon the announcement of the voter
Of the party primary in which he
wishes to vote, must ascertain his
right to do SO by reference to the
primary registry book made up I'M
der the provision Of the Geran law,
and, II necessary, by reference to the
primary book or poll book Of the
preceding primary or general cleo
ton, to ascertain that the voter ia
registered as required by the act,
and also that he did not vote in the
primary Of the other political party
at the last preceding primary cleo
ton.
Answering the query as to the pro-
cedure to be adopted when a voter
appears at the primary and offers to
vote in the box Of one party or the
other, concerning whom there is no
previous declaration Of record, or
with reference to the person, who,
having voted at the primary election
last year as the member Of one par
ty, voted as a member Of another
party at the general election, and
desires to continue to vote as a en-
Der of that party, in this years pri-
mary, Mr.. Gaskill says the Geran
act. makes no clear provision.
Mr.. Gaskill holds that where nc
provision is made in the Geran law.
for such a contingency, resort must
be had to the General Election act.
of which the Geran law is supple
ment. The General Election act pro-
vides that any voter who desires to
be relieved from the restriction i'm
posed by his vote at any past pri-
mary election may have his name
stricken from the old registry list.
upon application to the Judge hold
ing the circuit court for his county
at any time prior TO the succeeding
primary election day. In case Of dis
trict lines being changed or the re
moval Of the voter from one place
to another, SO that there is no record
to be had from the primary book,
Mr.. Gaskill says 1t would seem that
the only method of determining the
proprietary of the choice of the voter
Of the party in whose primary he
desires to participate, is that of chaI-
lenge and the administration of the
oath provided in the Geran law, cor
responding to the authority required
under the General Election act. He
says.
My conclusion, therefore, is, al
though not free from debate, that
where there is a record Of the vote of
the last primary election, such voter
e s,g restrlets sa, t5eEsey at this h4alFg9 nsn.
self before the primary election OF
the method Of removing his name
from the old registry list, and that,
in the case Of those against whom
there is no such record, for any
cause, the proprietary Of the vote
can only be established by challenge
and the administration Of the re-
CURED oath"
In response TO numerous inquiries
the assistant attorney general said
today that the last paragraph of Sec
ton thirty-two Of the Geran law,
with reference to registering on pri-
mary day for the general election,
means that the voter must do so
at that time. This duty, he says, is
mandatory and is to be strictly en-
forced by all district boards Of reg
istry and election. This is In addi-
ton to the privilege given to any
voter not desiring TO vote at the
primary, to register for the general
election on primary day.