Arizona republican., 1916-06-07
C. NJ. Candy Hands Down
Opinion That Registra-
tions May Be Changed;
Recorder Says 1t Will
Make Him Much Work

The County Recorder is permitted to
cancel registration entry and allow
the elector to re-register for the pur
pose of correctly stating his party af-
filiation which he has changed since
first registering, according to the,
opinion handed down by County Attor
ney Clyde NJ. Candy yesterday.
Mr.. Candy bases his opinion on par
agraph 2S99 of the Civil Code, Revised
Statutes Of Arizona, 1913, which reads:
upon demand first beina made in
writing therefor, and his refusal so to
do, then any person may proceed by
action in the superior court to compel
the Recorder to cancel any entry made
on the register illegally, or that ought
to be cancelled by reason of facts that
have occurred subsequent TO the time
of such entry, but IL the person whose
name is sought to be cancelled be not
a party to the action, the court may or
der him to be made party defendant"
County Attorney Candy stated that
the statutory construction was the only
question involved
las this exhausts the statutory pro-
vision on this question" continues the
opinion, I'VE have only left to determine
whether or not paragraph 2899 should
be so construed to permit re- registra-
ton for the purpose of stating
changed party utilization. If there be
a bona fde changed party affiiation
since the registration, that would be a
fact that has occurred subsequent TO
the time of the entry. It does not ap
pear that the operation of paragraph
l. 4
stances enumerated in paragraph 1897,
because, il that were the intent sec
ton 2899 could have read: Upon de-
mand being made in writing therefor
and his refusal SO to do then any per-
son may proceed by action in the su
perior court to compel the Recorder to
cancel any entry which he should can
eel under the provisions of paragraph
1897 Of this code
According to County Recorder YER
non Waugh, e-registration will involve
an enormous amount of work in his
office. He said that he could not
estimate the number who registered
mo party" but that there were many
who had, lie stated that the re-regis-
tration would double the work, for Il
simple change could not be made in
the books i'm place of the former regis
tration but would necessitate canceling
the old registration, in addition to fill
ing an affidavit and making out the
new registration.
County Attorney Candy has placed
this as the lawful Interpretation of the
statute and proper in the light of the
authorities and the decided cases. He
says:
at will be apparent that the right OF
franchise of an elector is greatly re-
stricted if he be not permitted to re-
register and thereby change the state
ment Of his party affiliation if he has
actually and in good faith changed such
affiliation. II the statute means that
he cannot rereester for the purpose
of properly stating his changed party
atfiliation or stating party affiliatior
when he formerly registered as being
affiliated with no party, then such
elector will be DISTINGUISHED and will
not be able to vote at the primary. HI
no longer belongs to the party unde
which he registered and he cannot vot,
the ticket of the party to which h,
really belongs, because he has not reg
istered as of that party"
He then cites authorities. adding:
while would not go so far as t.
hold that writ of mandate would liz
against County Recorder to compe
him to. cancel an entry because thu
said entry no longer stated the elector'
correct party affiIiation, yet | am o
the opinion that the proper construc
ton to be placed upon the wording o
paragraph 2899 permits the Ccunty'Re
corder to cancel registration entr,
and allow the elector to re-register 70
the purpose of correctly stating hi
party affiliation which he has changed
since first registering.
ar is true that paragraph 1891 say
that, mo eIector shall register secon,
time in the same precinct but this re
fers to a double registration and doe
not forbid the registration of an electo
after cancellation of the first registra
ton.
'lnasmuch as the statute says tina
demand shall be made on the Re
corder in writing, enclose herewith
form OF blank, which may be used 70
such a request. The County Recorde
is clothed with discretion in this mat
ter, and should not cancel the entr,
and permit the elector to re- reqiste
except on the utmost good faith and OF
facts which have arisen subsequent t.
the first registration and which JUST
fly the cancellation, as above stated.
Amy person who in registering or re
registering makes a false statement al
to his party utilization is guilty of
felony. Paragraph 1896 of the Ciyi
Code, Revised Statutes of Arizona, 1918
says that any person who shall false
ly swear to any affidavit required b,
this chapter shall be deemed guilty o
perjury and the chapter referred tc
is the chapter on registration"
The affidavit which the voter must