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Candidate of party at ensuing election.

sult of said primary election shall be transmitted to the
municipal clerk, and by the municipal clerk in each of
said municipalities to the county clerk of said county
in the manner provided in the act to which this act is a
supplement; and the person receiving in the aggregate
the highest number of votes in the various municipalities
entitled to vote for said office, shall be the candidate of
his political party at the ensuing election; and the county
clerk shall cause his name to be printed as such candi-
date upon the official ballot of his party to be used in the
election districts entitled to vote for said office.

408. SEC. 2. This act shall take effect immediately.
Approved April 13, 1908.

CHAPTER 123.

Responsibility for election publications.

A Supplement to an act, entitled "An act to regulate

elections,” approved April fourth, one thousand eight
hundred and ninety-eight.

BE IT ENACTED by the Senate and General Assembly
of the State of New Jersey:

409. SEC. 1. Whoever writes, prints, posts or distributes, or causes to be written, printed, posted or distributed a circular or poster which is designed or tends to injure or defeat any candidate for nomination or election to any public office, unless there appears upon such circular or poster, in a conspicuous place, either the names of the chairman and secretary, or of two officers of the political or other organization issuing the same, or of some voter who is responsible therefor, with his name and post office address shall be guilty of a misdemeanor.

SEC. 2. All acts and parts of acts inconsistent with
this act be and the same are hereby repealed.

SEC. 3. This act shall take effect immediately.
Approved April 16, 1909.

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Repealer.

New Jersey Constitution.

ARTICLE II.

Right of Suffrage.

381. Sec. 1. Every male citzen of the United States, Right of of the age of twenty-one years, who shall have been a vested in

whom. resident of this State one year, and of the county in which he claims his vote five months, next before the election, shall be entitled to vote for all officers that now are or hereafter may be elective by the people; (a) pro- What soldiers vided, that no person in the military, naval, or marine to vote. service of the United States shall be considered a resident in this state by being stationed in any garrison, barrack, or military or naval place or station within this state; and no pauper, idiot, insane person or person con- Paupers, etc.,

not entitled victed of a crime which now excludes him from being a to vote. witness, unless pardoned or restored by law to the right of suffrage, shall enjoy the right of an elector; (b) and provided further, that in time of war no elector in the What soldiers

entitled actual military service of the state, or of the United to vote. States in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the legislature shall have power to provide powers of

legislature (a) The residence required to entitle a person to vote means bis fixed of soldiers. domicile or permanent home, and is not changed or altered by his occasional absence with or without his family. Cadwalader v. Howell, 3 Harrison 138.

(6) The above constitutional provision was adopted in 1844. time the statute disqualifying witnesses provided "that no person who shall be convicted of blasphemy, treason, murder, piracy, arson, rape, sodomy, or the infamous crime against nature, committed with mankind or with beast, polygamy, robbery, conspiracy, forgery, or larceny above the value of six dollars shall in any case be admitted as a witness unless he or she be first pardoned; and no person who shall be convicted of perjury, or of suborna. tion of perjury, although pardoned for the same, shall be admitted as a witness in any case."

15 ELEC

as to vote

At that

the manner in which, and the time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. (a)

382. SEC. 2. The legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery.

Bribery a cause for disfranchisement.

(a) The right to vote, secured by the constitution, can only become operative by legislation; and any reasonable legislative regulation for the purpose of securing an enforced secrecy of the ballot is not a deprivation of a right to vote. Ransom v. Black, 25 Vroom 446. School trustees are officers within this article of the constitution, so that, if they are made elective by the people, only male citizens can vote for them. Kimball v. Hindee, 28 Vroom 307. A statute cannot confine the right to vote for road commissioners to the freeholders of the district, nor extend it to females or to non-residents of the district. Allison v. Blake, 28 Vroom 6. An election held in accordance with a statute which prohibits from voting a large class of persons having a constitutional right to vote, does not confer a legal title to the office upon the person elected. Allison v. Englewood, 29 Vroom 140.

INDEX.

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