Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1936-06-03
ATTORNEY GENERAL
RULES ON PRIMARY
Seawell Outlines Provisions
of Law at Request of
MIR. Maxwell

Two rulings by Attorney General
A. A. F. Seawell on provisions of the
State election law have just been an
nounced by r. c. Maxwell, executive
secretary of the State Board of Elec
ticns, at whose request the attorney
general acted. The opinions follow:
you inquire of me whether or not
voter who has been duly registered
and has declared his party affilia-
ton upon such registration books,
may, subsequent to the closing of the
registration books, and upon the day
of voting, change his party affilia-
ton so as to render him eligible to
cast his vote in the primary held for
another party, with which he was not
heretofore affiliated and contrary to
his declaration at the time of regis
ration.
"Tn my opinion he cannot.
"The General Assembly of 1915, es-
tablished a statewide primary for the
selection of candidates by the several
parties under the provisions of that
act This law was enacted for the pur-
pose of enabling the members of the
particular party to have an oppor
tunity to directly participate in the
selection of the candidates of the
party for whom they intended to vote
at the General Election. The law con-
fers certain privileges upon the party
organization and also provides GER
tain restrictions. The most outstand-
ing feature of this law is that it in
tends to permit only the bona fide
members Of the party for whom the
primary is held to participate there
in, and intends to definitely exclude
members of any other party from a
spurious participation in the selection
of a candidate for a party to which
he does not belong.
"In order that this purpose may be
carried out in a reasonable manner,
the law requires certain things to be
done on registration. Not only does
the law require that the registration
books contain the name of the elector
and such facts as may show his ELI
gibility to vote at the general cleo
ton, tut it also requires that the per-
son presenting himself for registra-
ton shall declare his party affiliation.
It is the registration of this fact
which gives him the right to vote in
the primary.
s'There is no particular method
adopted by any party for initiation
into it's membership. No particular in
sigma or password is required of any
person who desires to join a party or
be entitled to it's privileges; but the
law definitely fixes a means of sep
aration between the parties in the pri-
mary it has established. It is definite
w required that this be done in the
formal and solemn manner of de-
claration of party utilization at the
time of registration and the record
thereof. This is the means set up IN
the law for the Identification of such
person when he presents himself 10
vote in the primary of that party, ana
the law fixes no other.
cit does require, as a matter OF
convenience merely and not for the
purpose of permitting the expectant
voter to then change his affillatlon'
that he shall, upon the presentation
of his ballot, make known the party
with which he is affiliated; Wnlcn oe-
| claration can then be verified by re-
ference to the registration book; ana
it does provide that at that time MS
bona fide membership in the party In
whose primary he desires 10 vote'
that is to say, his affillatlon tnere-
with. may be challenged and determ-
ined as a matter of fact.
"The law provided for the transit
| tion period, when many voters were
| already on the registration list, so
that in due time the party atflliation
of each might be ascertained and rec
orded. It evidently looked forward to
time when such Civilization, as to