Evening journal., 1922-03-11

NWNMH NNnAANAENM ANNMANANE "a EIEAI ais
iinction in the constitution between
heing a "qualifed voter" and a reg
istered voter" Qualifications are
recognized as existing as distinct
from a right TO vote. That is to say.
q voter must possess certain quail
hcations. the possession OF which
entities him TO he voter. but the ex-
istence Of these qualifications must
hc evidenced by registration before
he Is permitted to exercise his right
as n voter.
II IL he. however. that the view
just expressed is not justified by that
portion OF the constitution thus far
cons dered. a further provision APP
pearing as the last sentence In the
fourth paragraph OF Article V makes
is indisputably clear that II registra-
tion is constitutional qualification
OF the voter. Il can only be so with
respect 10 general elections. That
sentence Is. az follows:
"ReRistrat on shall be REQUIRED
only for general biennial elections al
which representatives 10 the Gen
eral Assembly shall be chosen. un-
less the General Assembly shall
otherwise provide by law"
Whatever. therefore. might be
said with respect TO the intent IN
make registration a qualification OF
a voter Al the general elections held
In this State. this clause unmistak-
ably Indicates that the constitution
does not Intend 10 make registration
a qualification OF the voter al other
elections. u leaves Il for the Iegis-
lature 10 determine when and a.
what other elections voters shall he
required 10 register before being al
lowed 10 vote. The tax election held
IN Claymont Special School District
was OF course. not a general bien-
NAL election. and the only cues
tion 10 be further considered
Is therefore, whether the Leeis-
lature has seen NJ 10 Other
wise provide by law" for the regis
tration OF voters at that election.
Chapter 100 Volume 80. Laws OF
Delaware. under which the election
was held. does not provide for a
registration OF voters II there is
any provision by legislative enact
ment requiring such registration al
school elections Il must. therefore
be found elsewhere Solicitors for
me complainant contend that regis
tration at such elections Mas been
provided for by the Legislature i'm
Chapter SO, Volume 21. Laws OF Del.
aware, approved May p. 1898. and
the various amendments thereto
This act known as the general reg
istration law OF the State. Is entitled
An Act providing for a uniform
system OF registration OF all qualified
voters In this State" It's first sec.
ton is, as follows:
section /. That for the purpose
N preventing fraud AZ all election,
held on the Tuesday next after the
first Monday In the month OF No
vember. as provided by Section OF
Article 5 OF the Amended Constitu.
tion. and facilitating the ascertain
ment Of those who are duly qualified
] electors according TO the sal,
I Amended Constitution and laws o
this State. there shall be hereafte
a general registration OF all tn
qualified voters residents in eac
election district OF this State"
understand the complainant {
insist that this act, with its purpos
as declared in Section /. Is inte
ALA tantamount to legislativ
declaration made In harmony wit
the last sentence OF the fourth para
graph OF Section 4. Article '
quoted supra). that as a pre-reaui
site to the exercise OF the right q
vote al elections other than genera
biennial elections. Qncluding there
by school elections) voters must b
registered as provided in said Chap
ter SO, Volume 2i, Laws OF Dela
ware.
II this act bears the meaning thu
sought TO be attributed to II. thei
ever since It's enactment nearly
| quarter OF a century ago its scop
and effect has been entirely misun
| derstood For never before has
been regarded as applicable 10 eicc
tions generally. School election
have never been conducted with an
regard 20 II. Indeed, that the Les
islature OF the state never regarde
the act as applicable 10 school eiec
tions is manifest from the fact tina
for many years women were ad
mitted 10 the suffrage al school eicc
tions. II voters at school election
were required by the act IN questio
20 be registered. ls 70 no y contend
the curious fact stands out. viz: tina
the act does not permit the regis
4
This circumstance clearly show
that the Legislature has never 70
garded the general reg stration ia'
as applicable to school election.
Furthermore. as showing the leg
islative view that the general res
istration law is not applicable Z
elections generally. Il IS to BE ro,g
that on the various occasions whe
the question OF the licensing OF IA
manufacture and sale OF intoxicai
ing liquors has been submitted
the people under the local optic
provisions OF our Constitution.
each instance the Legislaturs ha
specifically provided for a reylst-s
b ton OF the voters preliminary to N
election. The law also provides Il
special registration for specii
elections to fiji vacancies In certal
Z offices. II the general reglstratio
: law were applicable TO all election
: Ct might be said that there was v
reason why the Legislature shou
have provided for special registri
: ton in the instances just referred (
But Il may be said that nothir
2 can be deduced from this exec
that for particular reasons OF poli'
p the Legislature saw ft in the Il
b stances named not to rely on n