The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1916-08-23
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Registration Officer.


Tallahassee, August II, 1916.
Honorable H. Clay Crawford, Secretary
Of State, Capitol
Dear Sir: l am in receipt Of your
communication containing the following
inquiry:
1.-THE question as to what the Legisla-
ture intended should be done by the
Supervisors of Registration in making
the registration for the primary election
a substitute for registration for the gen
eral election has been repeatedly asked
this department.
1.-The particular statute requiring a con-
struction is the second and fourth para
graphs Of Section Of Chapter 6469,
Laws Of Florida, as amended by Section
1, Chapter 1874, which read as follows:
That all persons who have hereto
fore registered or who may hereafter
register under the provisions Of Chapter
$3.50 of the Laws of Florida, Acts OF
1913, in election precincts which are not
located wholly or IN part within city
of more than twenty thousand popula-
ton shall be deemed duly registered for
all general primary elections and all
general and special elections so long as
they continue to reside in the election
precinct in which they so registered and
their names shall be carried upon the
registration books as electors, duly reg
tstered for such elections
" That in all election precincts located
wholly or in part within city OF more
than twenty thousand population bien-
NAL registration shall be required, as
ptONtQEu Dy the DEONfsiOLS "a SldDLSE
6469, of the Laws of Florida, Acts of
1918, and all persons so registering shall
be deemed duly registered electors for
the general election next following the
primary for which they registered, and
for any special election held subsequent
to the general primary for which they
registered and prior to the next follow
ing general primary, and their names
shall be carried on the registration books
as duly registered electors for such
elections
1.-THE problem confronting the Super
visors Of Registration. as they seem to
see it, is % whether they should sub
stitute the primary registration books
for the general election or transcribe
the names from the primary books to
the general election books. and (2) II
the latter construction prevail, whether
under such construction the electors who
have registered fer the primary, but
whose names are not registered In the
general election books, should be re-
quiTed 20 make a separate and indepen-
dent registration for the general election;
In other words, would the transcription
from the primary books to the general
election books be q sufficient regIstra-
tlon for the general electlon7
81 would be pleased for you to give me
your opinion as to a proper construc-
ton Of the statute above quoted"
Under existing statutes there are two
systems Of registration as a prerequis-
ite to voting in this State, one for the
registration of electors in primary cleo
tons, the other for the registration Of
electors in general elections, and two
separate and independent sets of regis
tration books are kept in each county
for this purpose.
If the provisions Of the statute quoted
in your letter are valid, 7 think the
registration officer Of the county would
be warranted in transcribing the names
of electors appearing upon the regis
tration books for primary elections upon
the registration books for general cleo
items, having In mind always, of course,
that each elector should be registered in
the precinct of his residence.
There is, however. in my opinion. some
doubt Of the constitutional validity OF
that provision Of the statute making the
statute for primary elections sufficient
registration of such eIector for general
elections
This doubt arises because Of this sit
uation: BY section 16 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
herewith, WHICH SUBJECT SHALL
BE BRIEFLY EXPRESSED IN THE
TITLE" etc.
J The title to the primary election law
as originally passed in 1913 is as follows.
An Act to provide for and Regulate
Primary Elections"
And the title to the amendatory act
/ of 1915 is:
IAN Act to Amend Sections Q. 10, II. u,
40, Al, 50, S. and 63, and to Repeal Sec
lions Ga and IS Of Chapter G469 of the
Laws Of Florida entitled An Act to
Provide for and Regulate Primary EIec-
tons approved June 3, 1913
The quoted section Of the Constitution
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 a conven-
AZ 4NaaE7 81 rV n-gATw
party candidates. A general election is
! an election Of officers. They are not
! synonymous terms, nor is one CompTe-
hended in the other. They are employed
for distinct purposes and different re-
suits are accomplished by them.
BY the title the Legislature expressly
limited. the scope Of this legislation TO
! providing for and regulating primary
elections" There is no reference IN the
title of either of the acts to the subject
Of general elections" and 1t is not clear
that the qualification Of electors for gen
eral elections can be regarded as matter
4 PROPERLY connected with the sub
ject" of this legislation and so related TO
such subject as TO render unnecessary
a reference to it in the title Of tbs
statute. In iris situation there ls,
think, sufficient doubt Of the validity Of
that provision Of these statutes making
the registration for primary elections .
registration also for general elections &c
have attention called 70 Il and TO sug-
uest to the registration officers that al
electors who have not heretofore regis
tered IN the registration books for gen-
eraI elections do so while the books are
open, In order that no question may
arise as to the regularity and validity ot
their registration.
OF course / do not say that THIS pro-
vision Of the statute is invalid, I only un-
dertake to demonstrate that it may b
1 SO held by the courts, and do say thai
there is room for doubt Of its validity
and that since this is true The SAF
I COURSE FOR AN ELGCTOR IS TX
; SEE TO IT THAT HE is DULY REG
iIsTERED UPON THE REGISTRATION
BOOKS FOR GENERAL ELECTioNE
so THAT If IT SHOULD BE HELL
THAT THE REGISTRATION For
PRIMARY ELECTIONS IS NOT A SUI
FIcIENT REGISTRATION FOR GEN