The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1916-08-25
ATTY GENERAL WEST
ADVANCES OPINION
That to Vote in General
Election There Must be
Re-Registration.
Primary and General Election Two
Separate Matters-Holds State Regis
tration Law Unconstitutional.

In communication to the Secre-
tary of state in reply to an inquiry
from him, Attorney General T. F.
West expresses doubt of the validity
of that portion of the primary cleo
tion law which provides that the reg
istration for primary election shall be
sufficient registration for general
election and he advises that the safe
course for voter is to see to it that
he is duly registered on the general
election registration books.
Attorneys Letter.
The letter which explains the mat
ter follows:
Honorable H. Clay Crawford, sec
retary of state, capitol
"Dear Sir: | am in receipt of your
communication containing the follow
ing inquiry:
1.-The question as to what the leg
islature intended should be done by
the supervisors of registration in
making the registration for the pri-
mary election a substitute for regis
tration for the general election has
been repeatedly asked this depart
ment.
"'The particular statute requiring
a construction is the second and
fourth paragraphs of section 8, of
chapter 6469, Laws of Florida as
amended by section /, chapter 6S74,
which reads as follows:
THAT all persons who have here
tofore registered or who may here
after register under the provisions of
chapter 6469 of the Laws of Florida,
acts, of 1913, in election precincts
which are not located wholly or in
part within a city of more than twen-
ty thousand population shall be deem
ed duly registered for all general pri-
mary elections and all general and
special elections so long as they con-
tinue to reside in the election pre-
cinct in which they so registered and
their names shall be carried upon the
registration books as electors duly
registered for such elections.
"'That in all election precincts To-
Gated wholly or in part within a city
of more than twenty thousand popu-
1ation biennial registration shall be
requested, as provided by the provis-
ions of chapter 6469, of the Laws of
Florida, acts of 1913, 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 reg
istered 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.
"'The problem confronting the Su-
pervisors of registration, as they seem
to see it, is 1) whether they should
substitute the primary registration
books for the general election or
transcribe the names from the pri-
mary books to the general election
books, and (2) if the latter construc-
ton prevail, whether under such con-
struction the electors who have reg
stered for the primary, but whose
names are not registered in the gen.
eral election books, should be required
to make a separate and Independent
registration for the general election;
in other words, would the transcript
ton from the primary books to the
general election books be a sufficient
registration for the general election
az would be pleased for you tc
give me your opinion as to q proper
construction of the statute above
quoted"
Two Sets of Books.
"Under existing statutes there are
two systems of registration as pre-
requisite to voting in this state, one
for the registration Of electors in pri.
mary elections, the other for the reg.
iStration of electors in general elec-
tions, and two separate and independ-
ent sets of registration books are kept
in each county for this purpose.
"If the provisions of the statute
quoted in your letter are valid,
think the registration officer of the
county would be warranted in trans.
tribing the names of electors appear
ng upon the registration books foI
primary elections upon the registra-
ton books for general elections, hav-
ing 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 val
jditv of that provision of the statute
making the registration of an elector
under this statute for primary cleo
tions sufficient registration of such
elector for general elections.
"This doubt arises because of this
situation: 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 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:
can act to provide for and regu-
late primary elections.
"And the title to the amendatory
act of 1915 is:
"An act to amend sections 9, 10, II,
10, 40. Al, 50, 55 and 63, and to re-
peal sections GA and 65, of chapter
6469, of the Laws of Florida, entitled