Obrázky stránek
PDF
ePub

in the several counties of the state. The registrar shall register as hereinafter provided the male citizens who are entitled to vote under the laws of this state. Said registrars shall each, before entering upon the discharge of their duties take an oath to support the contitution of the United States and the constitution of the state of West Virginia, and to perform the duties of his office to the best of his ability. Said oath shall be filed in the office of the clerk of the county court.

Sec. 2. The county court shall caused to be prepared suitable books and blanks for the registration of voters and the facts required by this act, and the clerk of the county court shall distribute said books and blanks to the registrars of the respective voting precincts. The book aforesaid shall be so arranged as to admit of the alphabetical classification of the names of voters and ruled in parallel columns on which shall be entered first, the name of the person registered; second, age; third, the place of his birth; fourth, the time of his residence in the precinct, district, county and state; fifth, if naturalized, the date of the papers and the court by which issued.

Sec. 3. Before any registrar shall register the name of any person as a qualified voter, he must be satisfied of his qualification as herein provided and for this purpose he is hereby given authority to administer oaths and may require the person desiring to register to answer under oath the following questions:

First-Are you a citizen of the United States?

Second-Are you a native or naturalized citizen?

If the person offering to be registered claims to be a naturalized citizen of the United States he shall produce, for the inspection of the officer of registration, a certificate or other evidence of his naturalization, and also state under oath or affirmation that he is the identical person named therein; but the production of the certificate shall not be required if the person offering to be registered states under oath, when and where he was naturalized, that he has had a certificate of naturalization, and that against his will the same is lost, destroyed or beyond his power to produce the same; or if he states under oath that by reason of the naturalization of his parents, or one of them, he has become a citizen of the United States, and where or when his parents were naturalized.

Third-Will you have resided in this state for one ly preceding the coming election?

year immediate

Fourth-Have you been absent from this state within the year mediately preceding the coming election? (If yes, when?)

im

Fifth-When you left this state did you leave for a temporary purpose with the intention of returning; or for the purpose of remaining away?

Sixth Did you while absent look upon or regard this state as your home?

Seventh-Did you while absent vote in any other state?

Eighth-Will you have resided in this county for sixty days prior to the coming election?

Ninth-When did you last come into this county?

Tenth-When you came into this county, did you come for a temporary purpose or for the purpose of making it your home?

Eleventh-Did you come into this county for the mere purpose of voting in this county?

Twelfth Did you come into your precinct merely for the purpose of voting in it?

Thirteenth―Are you an actual resident of that precinct?

Fourteenth-Are you twenty-one years of age, or will be such, at the coming election, to the best of your knowledge and belief?

He shall also put such other questions to the persons offering to be registered as may be necessary to test his qualifications as a legal voter at the coming election, or require such additional evidence as he may deem necessary. Every person shall be registered who will be entitled to vote at the first election occurring after the registration, by reason of his arriving at twenty-one years of age before the time, or by reason of his having resided for a sufficient length of time in the state and county, provided if otherwise qualified.

Sec. 4. The registrar shall not allow the name of any foreign born resident or citizen qualified as aforesaid to be registered unless his naturalization papers or certified copies thereof be produced and exhibited to him, except as otherwise herein provided.

Sec. 5. The registrars shall immediately upon receipt of notice of their appointment, proceed to register the names of the qualified voters within their respective election precincts in accordance with the provisions of this act, and shall have such registration completed on or before the first day of October, in each year in which there is a general election to be held: provided, that in any year in which a general election is to be held, after the year nineteen hundred and eight, the said registrar shall transfer from the registration books

for the preceding year in which an election was held, the names of all qualified voters of said precinct, appearing on said books which shall be a sufficient registration of such voter.

They shall also sit for the amending and correcting the registration list beginning October tenth (Sunday excepted), giving one day for that purpose, and they shall give notice of the time and place of sitting for registration and correction at least ten days previous thereto, by posting printed notices at each of said voting precincts; and the county court may, if it deem proper, publish the same in some county paper.

Sec. 6. Qualified voters may be registered at any time after the regular appointed days of registration are past, but not later than ten days before any election at which such person may desire to vote (except as hereinafter provided), by his application to the proper registrar or the county court.

Sec. 7. At least fifteen days preceding the next election after the registration of voters under this act and at least fiften days preceding any general election thereafter, the registrar shall make and file with the clerk of the county court two copies of the registration books. It shall be the duty of the county court to convene in special session on the last Monday of October preceding any general election to examine such books, and if they are satisfied that persons have been registered who are not entitled to vote, they shall cause their names to be stricken from the list of voters; and if they should find that persons' names have been omitted by the registrars who should be registered, the court shall cause their names to be entered as qualified to vote; but in no case shall the court erase the name of any voter until he shall have due notice of the time and place of taking the evidence to prove his disqualification, which evidence he shall have the right to rebut, and shall have his name restored to such list if improperly stricken therefrom. And the clerk of the county court shall furnish one of said copies to the election commissioners of the respective voting precincts with the ballot boxes and other election supplies for use by them in conducting the election in said voting precincts.

Sec. 8. Any registrar who shall wilfully or maliciously register the name of any person not a qualified voter of said precinct or reject from registration the name of any qualified voter of the precinct contrary to the provisions of this act shall be deemed guilty of a felony and upon conviction therefor shall be confined in the state peniten

tiary not less than one, nor more thay five years, or fined not less than fifty, nor more than five hundred dollars at the discretion of the court.

Sec. 9. No person shall be allowed to vote at any election hereafter held in this state after the first registration shall have been completed according to the provisions of this act, unless he shall have been registered, (except as hereinafter provided), and the commissioners of every election shall allow only those to vote whose names shall appear on the registration book returned by the proper registrar (except as hereinafter provided); and any commissioner who shall wilfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than fifty nor more than one hundred dollars, or imprisoned not less than ten nor more than ninety days in the county jail, or both, at the discretion of the court, for every such offence.

Sec. 10. Any voter who shall have been registered in any precinct as hereinbefore provided, and shall have removed from such precinct to another precinct within the same county, may obtain a certificate from the registrar of the precinct in which he has registered, or from the clerk of the county court in case the registration books have been filed with such clerk, and present the same to the election commissioners of the precinct wherein he resides, and if such commissioners shall be satisfied that such voter has a legal residence in the precinct wherein he offers to vote, they shall register such voter and allow him to vote. When such certificate is issued the name of such voter shall be stricken by the registrar or clerk from the book from which such certificate is issued.

Sec. 11. In case any special election is called and held, the registrars appointed prior to the preceding general election shall give the notice hereinbefore provided for and shall register the voters in their respective precincts as heretofore provided at least fifteen days before such special election is held and make and file two copies of their registration books with the clerk of the county court not later than ten days before such special election, and the county court shall at a special session held on the fifth day before such special election examine such books and otherwise proceed in regard to the same as provided in section seven of this act; and the clerk of the county court shall furnish such books to the election commissioners as provided in said section for any such special election. For the purpose of this section the county court or clerk thereof in vacation shall fill

any vacancy in the office of registrar caused by death, resignation or removal from the voting precinct of any registrar.

Sec. 12. The said registrars shall receive as compensation for their services under this act the sum of ten cents for each name so registered by them, to be allowed by the county court, payable out of the county treasury. But if the registration of voters is made necessary by the calling of a special election in a district, independent district, or municipality, the compensation therefor shall be paid by the board or body calling the said election, out of any funds at their disposal.

Sec. 13. The commissioners of election shall return the registration books of such election precinct, together with the ballot boxes, etc., to the clerk of the county court.

Sec. 14. All acts and parts of acts inconsistent with this act are hereby repealed.

(House Bill No. 43.)

CHAPTER 20.

AN ACT providing for the submission of two proposed amendments to the constitution of the state of West Virginia, as follows: 1. Amending section four of article four.

2. Amending section twenty-three of article eight.

[Passed March 3, 1908. In effect ninety days from passage.

Approved March

[blocks in formation]

Be it enacted by the Legislature of West Virginia:

See. 1. That the question of the ratification or rejection of two amendments to the constitution of West Virginia, proposed in accordance with the provisions of section two of article fourteen of said

« PředchozíPokračovat »