BROWN, Judge
Proceeding in the matter of an application to have the names of Thomas F. Sullivan and of 18 other persons stricken from the permanent register of voters of Hudson county.
Disposition in accordance with opinion.
Julius Seiden, of Jersey City, and Harry Bloch, of Union City, for petitioner and for Superintendent of Elections.
Benjamin Dowden, of Jersey City, for Commissioner of Registration.
James F. McGovern, Jr., of Jersey City, for respondents.
BROWN, Judge.
The petition in this cause was filed for the purpose of striking from the permanent register of voters of Hudson County as not being entitled to vote at any election district wherein they are registered the names of the following persons: Thomas F. Sullivan, John Burke, Stanley P. Gages, Edward McKeon, Alexander Moscinski, Charles H. Best, Eugene J. Moriarity, Jerome Murphy, Daniel F. Sheridan, Martin Ansbro, John Flannery, James Moylan, Daniel Mahoney, Robert L. Davis, John Tencza, Michael Verdon, John West, John Flynn and Stanley Martin. The petition is filed by virtue of R.S. 19:33-1, P.L. 1930, page 875, as amended by P.L. 1930, page 1283. The reasons assigned for striking those names are that the persons mentioned are not registered in conformity with the election laws of New Jersey, in that they are not actually residing at 150 Pavonia Avenue, in the second district of the second ward of Jersey City, from which address they are all registered. R.S. 19:4-1 provides in part, that every person "duly registered as required by this title, shall be entitled to vote in the polling place assigned to the election district in which he actually resides, and not elsewhere. A person who will have on the day of general election the qualifications to entitle him to vote shall have the right to be registered for and vote at the primary election and register for and vote at the general election as though such qualifications were met before registration for the primary election". In order to effect a permanent registration in municipalities wherein permanent registration is provided by statute, R.S. 19:30-l, 2, 3, a voter therein must furnish the commissioner of registration his or her full name and address including the street number and if living in a hotel, apartment or tenement house such additional information as may be deemed necessary to give the exact location of the applicant's place of residence. The voter is also required to furnish the name of the municipality and house number and street from which the voter last registered. It is clear, according to the above mentioned provisions of the election law, that a voter when registered can vote from the election district in which is located the address from which the voter is registered and from no other address. It is contended on behalf of the respondents that the proceeding in the instant case "should only be utilized in cases where fraud in the registry is alleged". A reading of the statute, R.S. 19:33-1, does not support this contention. The proceeding is summary and the statutory test, to strike a name from the register, is met when the justice or judge hearing the matter is satisfied the person whose name should be stricken is not entitled to vote at any election in the election district wherein he is registered. The reason or reasons for striking the name does not have to be based only on fraudulent conduct. The subject of fraudulent registration is copiously dealt with and defined to be a misdemeanor in R.S. 19:34-1.
The contention on behalf of the respondents that a proceeding under R.S. 19:33-1 is in conflict with R.S. 19:31-11, paragraph b, in that it precludes a voter in a county of the first class from enjoying the right to apply in person or by mail to the commissioner of registration in case of a change of address to have such change noted on the permanent register. A reading of the sections of the election law relied upon do not support this contention. All the provisions of the law relating to elections should be construed, if possible, so as to avoid conflict. A voter moving from one address to another, even in the same election district, should act with reasonable diligence to effect a change in the permanent register of such a change of address if he wishes to avail himself of the facilities provided by law for his convenience. His failure in this connection should not preclude the legally constituted authorities from performing their duty to keep the register of voters as a true and accurate record of persons eligible and qualified to vote. Even by virtue of paragraph "b", R.S. 19:31-11, when a voter by mail or in person makes application to have the permanent register changed so as to record a change of address if the commissioner is not satisfied as to the signature of the voter, the commissioner may notify the voter and require him to appear and answer questions as to his signature and change of address. If the voter fails to appear his name is placed on the inactive list until he does furnish the information to satisfy the commissioner of the truth of the application. Under R.S. 19:33-1, upon the justice or judge striking a name from the permanent registerthe commissioner of registration is required to transfer the name of the voter to the inactive list and so notify the voter. It appears that there is no conflict in the law as asserted by the respondents but on the contrary there is a consistency that is quite obvious. The voter is not deprived of voting from a bona fide residence if his name is stricken from the register. He is not entitled to vote from a registered address at which he does not reside.
At the hearing in this matter it appeared from the uncontradicted testimony of all the witnesses who testified regarding the registration of the persons whose names are referred to in the petition that they were all registered from the second ward in the second election district at number 150 Pavonia Avenue, Jersey City. In addition to this testimony counsel for all the parties before the court agreed to this record of registration as a fact established in the case and this court so finds and determines. The major question remaining for determination is whether the persons named in the petition were actually residing in said district and at said address, particularly on the day of the hearing in this cause. Deputy Commissioner of Registration Gumaer testified from the permanent registers, which were produced at the hearing, that Charles H. Best, Edward A. McKeon, Alexander Moscinski and James Moylan did not vote at the last general election and that all other persons named in the petition whose names are sought to be stricken from the register did vote, excepting Martin Ansbro. There appears no testimony whether this person did or did not vote. It was also testified to by this witness that Jane Collins, Timothy Collins, Jr., Cyril F. Collins and Anna Collins were registered as residing at number 150 Pavonia Avenue and voting at the last general election. Morton Brown, a witness produced by the petitioner, testified that he was the agent of the owner of the premises at number 150 Pavonia Avenue, which premises were rented to Jane Collins for about twelve years last past. Brown visited the premises in October, 1938 and on the day of the hearing. The premises consisted of a three story building with a store, kitchen and three rooms in the rear on the ground floor. The second floor contains five rooms and the top floor four rooms. This witness testified there was room and sleeping accommodations for twenty-one or twenty-two persons on the premises and there was a leak in the north east corner of the top floor of the building. Jane Collins called as a witness on behalf of the petitioner testified that she is a single woman and living with her at 150 Pavonia Avenue is her mother Anna and her two brothers Timothy and Cyril. She has been operating a rooming house at the place mentioned for twelve years and that her mother before her was in the same business for over forty-four years. On November 1, 1938, she had four rooms on the top floor occupied by eleven persons in six beds. Two of the rooms were large old fashioned rooms in which there were two double beds each. There were five double beds and one single bed occupying the top floor. The second floor consisted of six rooms which were occupied by six or seven beds and could accommodate ten persons. One large room contains three double beds. On the ground floor there were three rooms containing one double and two single beds accommodating four persons. There was accommodations for twenty-five persons in the entire building on November 1, 1938. The Collins family slept in two rooms on the second floor. The mother and witness in one room and the two brothers in another. Besides the family occupation the witness testified there was sleeping accommodations for eight other persons on the second floor. The witness, Jane Collins, promptly answered the questions propounded to her and furnished in detail all information requested. When asked to state the names of persons living at 150 Pavonia Avenue on November 1, 1938, she readily named the persons referred to in the petition and said they were all steady boarders; that six of those named were employed in work that required them to be away for a week now and then. The remaining fifteen boarders lived continuously at the address above mentioned and on the night preceding the hearing twelve of those persons actually slept at that address. This witness also testified to the length of time each person lived at 150 Pavonia Avenue as follows: Eugene Moriarity, Charles Best, Daniel Sheridan, James Moylan, Michael Verdon and Robert L. Davis for one and one-half years; Thomas Sullivan, John Flannery and John Tencza about two years; Jerome Murphy and Stanley Martin three years; John Flynn four or five years; Edward McKeon five or six years; John West and John Burke six years; Alexander Moscinski eightCharles H. Best, Jerome Murphy, Daniel F. Sheridan, Martin Ansbro, John Flannery, Daniel Mahoney, Robert L. Davis and Stanley Martin are registered in conformity with the laws of the State of New Jersey as being entitled to vote in the second election district, in the second ward as residents at 150 Pavonia Avenue, Jersey City, New Jersey. The judgment of this court is that the names of James Moylan, Edward McKeon, John Burke, John West and Michael Verdon be stricken from the register of voters as prayed for in the petition in this cause and that the prayer to strike all other names be denied. The order to strike does not pertain to the names of Eugene J. Moriarity and John Tencza as they have already effected a transfer of their voting addresses.