Imágenes de páginas
PDF
EPUB

the elector, together with the number of the ward (if within an incorporated town or city), the name of the precinct, and a particular description of the house, building or room in which the elector resides; such as will enable a person of common understanding to find the same without difficulty, and when the person so registered shall be of foreign birth the fact of the exhibition of, or failure to exhibit his certificate of naturalization, or certificate of declaration of intention to become a citizen, or a certified copy thereof, shall be noted in the column provided for that purpose, which list properly entered as in that section required, shall be known as the "official register" of elections of their respective districts: And provided further, That if any person shall fail or refuse to give his residence with the particularity required in this section, he shall not be registered. The registry agents shall cause to be published in at least one newspaper published within their respective districts, and if there be no newspaper published in such districts, then in a newspaper published at the nearest point to their district, and within the county in which such district is situated, for twenty days before the expiration of the time provided for registrations prior to any general election, a notice signed by the registry agent to the effect that the time for the registration of the names of the qualified electors in election district No....., giving, also, the names of the several precincts or polling places embraced in such election district, prior to the election (specifying the election), to be A. D. 18...., for the Montana, will expire at ten o'clock A. D. 18..... The

held on the county of

day of

p. m. on the .. day publication of said notice shall continue until the expiration of the time provided for said registration: Provided, That in remote or new and sparsely settled precincts, printed notices posted at not less than five conspicuous places within said district shall be substituted for the publication in a newspaper.

SEC. 6. Every person applying to be registered shall, before he shall be entitled to have his name registered, take and subscribe the following oath or affirmation, which shall be administered by the registering agent: Provided, That no elector who has taken said oath at the time of his previous registration in Montana, shail be required to do so the second time, to wit: I do solemnly swear, or affirm, that I am a citizen of the United States (or, that I have declared my intention to become a citizen of the United States): that I am of the age of twenty-one years, and will have actually and not constructively been a bona fide resident in Montana six months, and in the county thirty days next preceding the day of the next ensuing election, and that I am not registered elsewhere in Montana for this electoral year, so help me God (or under the pains and penalties of perjury). Whenever an oath is required by the provisions of this act, the elector shall swear according to the form of his re

ligious faith or belief, and in such manner as may be considered most obligatory on his conscience. The registry books and lists. shall be open at any time for inspection by any qualified elector.

SEC. 7. When any person shall appear and demand to be registered whom the registry agent shall not know to be entitled to registry under the qualifications required by law, for the election then ensuing the registry agent shall question the applicant generally under oath, as to his qualifications as an elector, and, if satisfied, shall enter his name in the registry, but if the registry agent shall not be fully satisfied or if the applicant be challenged by a qualified elector of the county, stating distinctly the grounds of challenge, the registry agent shall require the applicant to answer truly, under oath or affirmation, the following questions, together with such other questions as said registry agent may consider necessary or proper, testing his qualifications as an elector for the ensuing election, to wit.: First, are you a citizen of the United States, or have you declared your intention to become such? Second, are you now or will you be twenty-one years of age prior to the day of the next ensuing election? Third, on the day of the next ensuing election, will you have actually and not constructively resided in Montana six months, and in this county thirty days next preceding the day of said election? Fourth are you now a resident of the said election district in which you propose to be registered? Fifth are you registered for this electoral year in any other election district in the name you have now given, or in any other name? If any of the foregoing questions shall be answered in the negative except the fifth, or that in the affirmative, the applicant shall not be registered; but if the applicant answer all the foregoing questions in the affirmative except the fifth, and that in negative, the applicant shall be registered. A resident within the meaning of this act shall be construed to mean a person who has resided or will have resided continuously within Montana for six months, and in the county thirty days, as prescribed by law, next preceding the day of the next ensuing election. The electoral year shall commence the first day of January, and end on the thirty-first day of December of each Whenever a person is year. registered under the provisions of this act, such registration shall hold good for two years; Provided, however, that such persons shall retain all the necessary qualifications of an elector, as defined in this act; And provided further, that a change of residence in precinct, county or district, shall require a new registration.

SEC. 8. When a naturalized citizen, or a person who has declared his intention to become a citizen, shall apply for registration, his certificate of naturalization or certificate of intention to become a citizen, or certified copy thereof, must be produced and stamped, or written in ink by the registry agent, with such registry agent's name and the year and county where presented, but if it shall satisfactorily appear to the registry agent, by the oath or

affirmation of the applicant (and the oath or affirmation of one or more credible citizens as to the credibility of such applicant when deemed necessary) that such certificate of naturalization, or certificate of declaration of intention to become a citizen, or a certified copy thereof, is lost or destroyed, or beyond the reach of the applicant for the time being, said registry agent shall register the name of said applicant unless he be by law otherwise disqualified; Provided, That in case of failure to produce the certificate of naturalization, or certificate of declaration of intention to become a citizen, or certified copy thereof, the registry agent shall propound to him the following questions: First-In what year did you come to the United States? Second-In what state or territory, county, court and year did you declare your intention to become a citizen? Third-In what state or territory, county, court and year were you finally admitted to citizenship? Fourth-Where did you last see your certificate of naturalization, or your certificate of declaration of intention to become a citizen, or a certified copy thereof? The answers to the above questions shall be taken down in the form of an affidavit, which shall be subscribed and sworn to by the applicant and retained in possession by the registry agent, and by him handed over to his successor; Provided, That no person shall be required to make the affidavit twice before the same agent or the successor of such agent having in his possession a former affidavit.

SEC. 9. On the day next succeeding that on which the registration of electors, prior to any election mentioned in this act, shall have been closed, the registry agents shall, with all reasonable expedition and always within seven days, prepare and cause to be written or printed, a full and complete and true list of all the names registered by them, and then remaining on the official register for each election precinct, alphabetically arranged, commencing always with the surname of each, and they shall have written or printed such reasonable number of copies of each election district list as they may deem necessary, showing on one sheet, but under separate headings in such list, the registered voters in each polling precinct in the district, at least five copies of which said lists they shall cause to be posted up in as many public and conspicuous places within each and every precinct in the district to which they apply; each registry agent shall, as soon as such lists are printed or written, subscribe and make oath to one copy thereof as being a true and correct and complete list of all electors registered in his election district from the commencement to the close of the registration in such district. And shall within two days after the publication or writing of such lists, deliver personally or by registered letter such verified copy to the county clerk of the county, to be by him posted in a conspicuous place in his office until election day, and thereafter filed away as are other records of the county, and the remainder of such lists shall be distributed among the electors

of the respective precincts. The registry agents shall give notice in said lists that they will receive objections to the right to vote on the part of any person so registered until six o'clock p. m. on the seventh day previous to the day of election; and also requesting all persons whose names may be erroneously entered in said lists to appear at his office and have such error corrected. Such objections to the right of any person registered to vote shall be made only by a qualified elector in writing, setting forth the ground of objection or disqualification and sworn to, or affirmed to, to the best of his knowledge and belief. The registry agent before whom any such affidavits of objection are made shall carefully preserve the same and deliver them with the "check lists" and other papers required by this act to be delivered to the judges of election, as is herein provided for, and he shall write distinctly opposite to the name of any person to whose qualifications as an elector objections may be thus made, the words "to be challenged," or words to that effect. It shall then be the duty of the judges of election, if on election day such person who has been objected to applies to vote, to test under oath his qualifications, and if he shall be found to be a disqualified voter for any cause under the law, or if he refuses to take an oath of his qualification, he shall not be permitted to vote.

SEC. 10. During the time intervening between the closing of any registration of electors and the day of the next ensuing election the registry agent shall carefully copy from the official register into suitable books, one for each election precinct within their respective districts, the names of all electors registered for such election precinct, alphabetically arranged (the surname first), entering opposite each name the number it bears on the official register, together with words requiring challenges and all other entries. therein found, opposite the name. The registry agent shall also prepare and complete, not later than two days next preceding that on which the election is to be held, in "index books," one for each election precinct, and which shall be known as the "check lists," lists of the names of all electors found on the official register, for such election precincts, alphabetically arranged (the surname first), with the number such name bears in the official register, placed at the left of the name of the elector, and with a blank column at the right of the column of names, formed by two parallel perpendicular lines, in which the judges of election shall check the names of those voting by some particular character, thus "V" for voted; said blank columns last mentioned shall have written headings made by the registry agents, showing what particular election the said "check lists apply to, as, for instance, "Voted at the general election 1888." The copy of the official register, together with the "check list" for election precinct as herein provided, shall be carefully prepared and duly certified to by the registry agent, and delivered to gether with affidavits of objection to some one of the judges of election, in each election precinct at a time not later than the day

next preceding that on which such election is to be held, and such "check lists" shall be carefully preserved, and any surrendered certificates which may have come into the hands of such registry agents pursuant to this act and after election they shall be transmitted by the judges of election to the clerk of the board of county commissioners in connection with and as a part of the "election returns," as provided by law: Provided, that if any registry agent fails or refuses to furnish to the judges of election of any precinct, lists of the registered voters in said precinct, as provided for in this section, the judges of election are authorized to take a copy of the printed or written list of registered voters in said precinct as provided for in this act, and conduct the election in said precinct in accordance with the provisions of this act, and their returns shall show the reason for using the printed or written list instead of the registered list, at such election.

SEC. II Any registered elector moving from one election district to another, within Montana prior to the day of the ensuing election, may apply to the registry agent before whom he has already been registered for that electoral year at any time prior to the last day of the registration of voters, and have his name taken off the official register, and receive from the registry agent a certificate, to be called a territorial or state registry certificate, under the signature and seal of the registry agent, showing substantially that he was on a certain day duly registered in the official register of election district No....., in the county of Montana,

and that his name has been erased at his own request, which certificate will entitle him to have his name registered within the period of registration in the same manner as other names are registered in any other election district, either within the same county or in any other county, for said election: Provided, it shall satisfactorily appear to the registry agent receiving the certificate and to whom application is made for the second registration, that the applicant will have resided such length of time within such county and election district prior to the next ensuing election, as is or may be provided by law to entitle him to vote. And in case any registered and qualified elector who has had delivered to him a territorial or state registration certificate pursuant to this section and who has for good cause been unable to register the second time anywhere within Montana, before the date of the closing of the registration books, may offer a vote at any precinct within the county where he resides and was registered to vote, or in any precinct in the county, but not the precinct where he lives and was registered, the judges of election shall challenge such person pre-emptorily and put to him under oath such questions making him prove his identity as the person to whom such certificate is issued, and such other questions as may to them seem proper, in order to fully test such person's qualification, and if he be disqualified for any cause, or fail or refuse to answer any question concerning his qualifications, or if he

« AnteriorContinuar »