The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1914-02-06
IMPORTANT RULING
ON PRIMARY LAW
ATTORNEY GENERAL WEST DE.
FINES MEANING OF NEW
ELECTION kAW.
OFFICIALS WERE IN DOUBT
Payment of Taxes as Prerequisite to
Registration Not Required by the
New Law.

LudIy law. lH6y nave construed section
IL Of this act as requiring voters, OF
registering, to make oath that thei
poll taxes are paid, and have refused tt
| allow a voter to register that could no
make such oath. The secretary of state
has been called upon for his opinion
as to the meaning Of said section, and
he in turn has referred the matter tc
Attorney General West for his opinion
which is fully set out in the follow.
ing communication, addressed to Hon
H. Clay Crawford, secretary of state
Hon. H. Clay Crawford, Secretary of
State, Tallahassee, Fla-Dear Sir ::
Yours of the 22nd instant has been
received. I note your inquiry, which
is stated as follows:
There has arisen some confusion
with the supervisors of registration as
to the proper construction of section
II OF chapter 6459, Laws of Florida, as
applies to payment of poll taxes as
prerequisite to registration.
please advise me your construction
of the said law"
Replying to this inquiry, will say
that in my opinion the legislature did
not intend to require and the language
used in the statute should not be con-
strued as requiring, the payment of
poll taxes as a prerequisite to regis
tration for primary elections to be
held in this state as provided for by
chapter $3.50, Acts of 1918, Laws of
Florida.
By reference to section II of this
statute, it will be seen that one may
qualify to vote in the primary cleo
ton by the payment Of the poll taxes
due by him on or before the second
Saturday in the month preceding the
month in which the election is held,
whereas it is provided by sections 8
and 10 of this chapter that the regis
trations books for primary elections
must close several weeks before this
time. The registration provided for
is another and an independent regis
tration from that required for general
ferred to each voter must register ev-
cry two years. The registration books
are now open for the first registra-
ton under this law. The legislature
certainly would not say that the pay
ment of poll taxes is a prerequisite to
and at the same time, in
the same act, provide that one could
qualify as voter in primary cleo
ton by the payment of his poll taxes
several weeks after the registration
books for such primary election to
close.
The confusion probably arises be-
cause of the provision in the last |
sentence of section II of the statute |
referred to requiring each person ap-
plying for registration to make oath |
that he is qualified to vote under the |
and laws of the state of |
Florida. Reference is here made to !
the oath prescribed in section 3 of |
article l of the constitution which |
each elector is required to take and |
subscribe at the time of his registra-
lion. This constitutional oath is re-
luired by section ITS of the general
'tateutes, as it is by section II of the
primary law. 1t must be taken by
each elector when he applies for reg
stration in the registration books for
general elections. The time for reg
steering for general elections ends on
he first Monday in August, preceding
he general election in November
General Statutes, section 1881; and
he time for registering for primary
elections ends April Is, preceding the
primary election in June (primary
election law, section 100, whereas the
ime for the payment of poll taxes for
.eneral elections is extended to the
econd Saturday in October General
statutes, section 202); and the time
or the payment of poll taxes for pri-
1ary elections is extended to the sec
nd Saturday in May (primary cleo
ion law, section IL.
SO that it appears. in general cleo |
ions, as well as in primary elections, |
hat the time for registration ends
efore the time for the payment of |
oil taxes does; and, so far as l know, |
here has never been any question but |
lhat a person applying for registra-
ion under the general election law !
ould take the constitutional oath re-
erred to, although a THE time all poll |
axes then due by such person had |
lot been paid.
1t has never been contended that the |
'ayment of poll taxes due is a pre-
equisite to registration for general |
Elections, and, inasmuch as the stat
lite fixing the time for registration |
nd the payment of poll taxes for
urinary elections are similar to the |
tatutes covering his subject for gen.
raj elections, as has been shown, l
as | have stated above, that
he legislature did not intend to re-
Iuire, and the statute should not be
construed as requiring, the payment
If poll taxes as a prerequisite to reg
stration for primary elections in this
state.
Respectfully submitted,
Signed) t. F. WEST,
Attorney General.