Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-19

sponse to direct question, declared
empha tically that if his advice on the
subject were sought by any election
Progressive who had voted in either
of the other primary boxes last year
could not vote in the Progressive box
this year. and that both the voer and
he officers would lay themselves open
to prosecution if the ballot was re-
ceived. Mr. Jones pointed to several
extracts in the election law to sub
stantiate his view.
In section 257 page 121, of the PAM
phlet election act 1t states: "At any
primary election the members Of the
board conducting the primary cleo
ton for each political party shall re-
fuse to receive the vote of any voter
Offering to vote in the ballot box of
their political party, If the name of
such voter appears in the primary
book of the other political party as
made up at the next previous pri-
mary election"
In section 268, page 1873, as indicated
by r. MJones, the law declared that
"any voter who shall be shown by
the primary book, hereinafter pro-
vided to have voted in the ballot box
election held under this act, shall not
be allowed to vote in the ballot box
of any other political party at the
next, thereafter, succeeding primary
election;" and finally, section 391, page
1873, provides that "the Board of Reg
istry and Election shall thereupon
ascertain by reference to the primary
registry book required by this act,
and. if necessary, by reference to the
primary book or poll book Of the
preceding primary or general cleo
ton. that said voter Is registered as
required by this act and also that
he did vote in the primary of the
other political party at the last pre-
ceding primary election, in which
event he shall be allowed to vote, but
no voter shall be allowed to vote at
said primary unless his name ap-
pears on the poll book of the previous
general election or has been placed
on said registry list prior to said
primary days as hereinabove pro-
vided, and no person shown by said
primary registration list verified
when requested by the voter by ref
erence to the preceding primary book
to have voted in the primary of one
political party at the last preceding
primary election, shall be allowed to
vote In the primary of the other po-
litical party"
City Clerk James F. Connolly ex-
pressed the opinion that while the
wording of the law might prevent the
Progressives from voting in their own
primary box this year, because of
the fact that they had voted In the
box of one of the other parties at
last years primaries. it had never
been intended to restrict voters in
that way. If man had voted in
the Republican box last year and
swears that he voted fer the ma
jority of the Progressive candidates.
he should be allowed to vote for the
members of that party this year, Mr..
Connolly believes.
After the primaries on Tuesday
the question will cease to be q prac-
teal one for it applies only to this
years primary. and the same con-
tention will not arise again. The
Progressives have been instructed by
| their leaders to attempt to vote in
their own box. and If prevented offer
| to swear in their votes. and this
course will. in all probability, be
pursued by them.