The Municipal Elections

Southland Times, Issue 19543, 25 April 1905, Page 2

The Municipal Elections

THE POLLING HOURS. It seems highly probable that cc illusion will be Caused by the difference of opinion that exists with regard to tho law fixing tho hour at whjch municipal election pqlls should close. Should t|ie hour bp 6 or 7 p.m. ? As we understand the reading of the. law generally accepted by returning officers, they maintain that the hour is not fixed by the “ Local Elections Act,” 1904, but by the “ Municipal Corporations Act ” of 1900. Section 3 of the former reads :—“ Subject to |he provisions of any Act by which this Act is made to apply, every election, etc., etc.” The Local Elections Act is made to apply to municipal elections by section 24 of the "Municipal Corporations Act ”of 1900. It is therefore held that the provisions of the latter are paramount to those of the Local Elections Act, and section' 29 of the “ Municipal Corporations Act ” reads as follows :—“ The poll shall commence at nine o’clock in the forenoon of the day appointed for the same, and shall close at seven o’clock in the afternoon of the same day.” But though some of tlie principal returning officers concur in this interpretation there is legal opinion which goes to show I hat it is wrong. ’As the result of most careful consideration Mr T. M. Macdonald states that section 3 of the " Local Elections Act ” certainly does not preserve section 29 of the “ Municipal Corporations Act.’’ The proper interpretation of section 3 in no way render the " Municipal Corporations Act ” paramount, and therefore the closing jiour is fixed at 6 o’clock j>y flie provision cf the “ Local Elections Act,” and the only way of extending It to 7, Is to act under the proviso attached to section 17, which reads as follows “ Provided that the Governor may, on the application of any local authority, by Order-in-Council gazetted, extend the hour at .which the poll shall close in the district of such local authority io seven o’clock.” Mr Macdonald has given this opinion in writing to the Town Clerk of North Invercargill. We understand that the authorities in Invercargill have not yet taken the town solicitor’s advice, but if they do they will doubtless receive the same reply. It is unfortunate that this difference of opinion has arisen and it illustrates the effects of hasty legislation. Section 3 of the Local Elections is undoubtedly a bad piece of legislation, and from it .• 11 the trouble has arisen.