The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1916-08-23
One Registration Is Not
Sufficient For Primary
And General Election

should be registered in the precinct OF
his residence.
There is, however, in my opinion
some doubt of the constitutional valid.
ity of that provision of the statute
making the registration of an elector
under this statute for primary cleo.
lions sufficient registration of such
electors for general elections.
''This doubt arises because of this
situation; by section II, of article III.
of the constitution it is provided that:
Each law enacted in the legisla-
ture shall embrace but one subject
and matter properly connected there.
with, which subject shall be briefly
expressed in the title. etc.
"The title to the primary election
law as originally passed in 1918 is as
follows:
"An act to provide for and regulate
PRIMARY elections.
u "And the title to the amendatory act
of 1915 is:
i IAN act to amend sections 8, 10, IL,
IL, 40, A, So, IS and SO, and to repeal
sections ga and 65, of chapter 64,69, of
the Laws of Florida, entitled an act
to provide for and regulate primary
elections, approved June 8, 1914.
Party Legislation
1.-THE quoted section OF the consti-
tuition requires that the subject of
the act shall be briefly expressed in
the title. The subject of the statutes
referred to is primary elections
There is no reference in the title of
either of the acts to general elections
A primary election is a substitute
for convention and is simply meth
cd of selecting party candidates.
"A general election is an election
of officers. They are not synonymous
terms nor is one comprehended in the
other. They are employed for dis.
tinct purposes and different results
are accomplished by them.
"By the title the legislature ex.
pressly limited the scope of this legis-
lation to providing for and regulating
primary elections There is no ref
erence in the title of either of the
acts to the subject of general cleo
tons and it is not clear that the
qualification of electors for general
elections can be regarded as matter
properly connected with the subject
as to render unnecessary a reference
to it in the title of the statute. In
this situation there is, l think, suf-
ficient doubt of the validity of that
provision of these statutes making the
registration for primary elections a
registration also for general elections
to have attention called to it and to
suggest to the registration officers
that all electors who have not hereto
fore registered in the registration
books for general elections do so while
the boks are open, in order hat NO
question may arise as to the regulari-
ty and validity of their registration.
"Of course do not say that this
provision of the statute is invalid. /
only undertake to demonstrate that 1t
may be so held by the courts, and
do say that there is room for doubt
pr its validity and that since this be
true the safe course for an elector is
TO see to 1t that he is duly registered
upon the registration books for gen.
eral elections so that if it should be
heh that the registration for pri-
mary elections is not sufficient regis
tration for general elections, he
would not be denied the right to vote
in the general election.
This is advisable for another rea-
son, namely: If, after the general cleo
ton is held, the question of whether
or not electors who had registered on
the registration books for primary
elections but had not registered ON
the registration books for general cleo
lions were qualified to vote in the gen.
eral election, was raised and should
be held that such registration was not
sufficient great uncertainty and dis.
satisfaction would probably follow.
For this reason | am suggesting
that all electors register just as if the
registration books for primary cleo.
lions were not in existence. OF
course if an elector has heretofore
registered in the registration books
for general elections, it will not be
necessary to do so again.
Respectfully,
T. F. WEST,
Attorney General"