Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-21
LAWS OF OHIO.
PUBLISHED BY AUTHORITY
TNo. 1881 AN ACT

JlOQS, pdSSSU NIdrcn ~, 1911. e1
SECTION 1. Be it enacted by the
General Assembly of the State Of Ohio,
That section number two of the act
entitled I" An act to preserve the purity
of elections passed March, 20, 1871,
be, and the same is hereby amended so
as to read as follows Section 2. No
person shall be permitted to vote at any
election unless he shall have been an
actual resident of the State for one year
next preceding the election, and an
actual resident of the county for thirty
days next preceding the election, and
an actual resident of the township or
ward twenty-five days next preceding
the election, aud the Judge of the cleo
ton, in determining the residence of a
person offering to vote, shall be govern
ed by the following rules, so far as the
same may be applicable First-That
place shall be considered and held to be
the residence of a person in which his
habitation is fixed, without any present
intention of removing therefrom, and to
which, whenever he is absent, he has
the Intention Of returning Second-A
person, shall not be considered or held
to have lost his residence, who shall
leave his home and go into another
State, or county of this State, for tenn
porary purpose merely, with IN inten-
ton of returning Third IA person
shall not be considered or held to have
gained a residence in any county of this
State into which he shall come for tenn
porary purposes merely, without the in
tention of making such county his home,
but with the intention of leaving the
same when he shall have gotten through
with the business that brought him into
it; Fourth-If a person remove to an
other State, with the intention to make
it his permanent residence, he shall be
considered and held to have lost his re-
sidence in this State; Fifth-If a per-
son remove to another State with an in
tention of removing there for an indie
finate time, and as a place of present
residence, he shall be considered and
held to have lost his residence in this
State, Notwithstanding he may entertain
an intention to return at some future
period Sixth-The place where a mar
ried mans family resides shall generally
be considered and held to be his resi-
dence; but if it is a place or temporary
establishment for his family, or for tran
sient objects it shall be otherwise !;
Seventh if a married man has his
family fixed in one place, and he docs
his business in another, the former shall
be considered and held to be the place
of his residence; Eighth-The mere in
tention to acquire a new residence with
ont the fact of removal, shall avail no
thing neither shall the fact of removal
without the intention Ninth-If a per-
son shall go into another State and
while there exercise the right of a citizen
by voting, he shall be considered and
held 10 have lost his residence in this
State.
SEC. 2. That section number four of
said act be so amended as to read as
follows Any person who shall Wiifully
vote in any township or ward in which
he had not actually resided for twenty
days next preceding the election, shall,
on conviction thereof, be imprisoned in
the Jail of the proper county not more
than six months nor less than one
month.
SEC. 3. That section number five of
said act be so amended as to read as fol-
lows: Any person being a resident of
this State who shall go or come into any
county, and vote in such county, not
being an actual resident thereof for
thirty days next preceding the election
shall, on conviction thereof, be i'm
prisoHed in the Penitentiary and kept at
hard labor, not more than three years,
nor less than one year.
SEC. 4. That section thirteen of the
act to which this is an amendment be
so amended as to read as follows Sec
ton 13. IF a person offering to vote is
challenged as unqualified by one of the
Judges, of the election, or by an e~lector,
one of the judges shall tender to him
the following oath or affirmation "you
do swear Cor afirm) that you will fully
and answer all such questions as shall
be put to you touching your place of
residence, and qualifications as an elect
or at this election" First, IF the person
be challenged as unqualified on the
ground that he is not a citizen, the
Judges or one of them shall put the fol-
lowing questions: 1st. Are you a citizen
of the United States? End. Are you a
native or naturalized citizen ? If the
person offering to vote claim to be a
naturalized citizen of the United States,
he shall, before his vote shall be received,
produce for the inspection of the judges
VI IuC GIeEJIOA d 10 u AIlS HAUL
ralization and also state under oath or
affirmation that he is the identical per-
son named therein, provided that the
production of said certificate shall be
dispensed with, if the person offering to
vote shall state under oath or affirmation
when and where he was naturalized,
that he has had a certificate of his natu-
ralization, and that against his will the
same is lost, destroyed or beyond his
power to produce to the Judges of the
election; provided further that if he
shall state under oath or affirmation thai
by reason of the naturalization of his
parents or one of them he has become {
citizen of the United States, and wher
and where his parent or parents were
naturalized the certificate of said natu.
ralization need not be produced. Second
IF the person be challenged as unqual
flied on the ground that he has not re
sided in this State for one year imme
diately preceding the election, thu
Judges or one of them shall put the fol
lowing questions: LIST, Have you resided
il this State one year Immediately pre-