Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-10-07
The Election Law.
AN ACT.

SECTION i. beU cndctcN ~ do Vessof ~ <Aeee"e-
.Uu of the State OF Ohio. That section number
two of the act entitled "an act to preserve the
nurity of elections" passed March so, 1e4l, be
and the same is hereby amended so as to read
as follows: Section 2. No person shall be per-
mitted 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 ac-
tual resident Of the couaty for thirty days next
preceding the election, and an actual resident of
the township or ward twenty days next preced-
idg the election, and the judges Of the election,
tovote, shall be governed by the following rules,
SO &ras the same may be applicable: First
That place shall be considered and held to be
the residence of person in which his habitation
Is liked, without any present intention of re-
moving theref ON, and to which, W heneyer he
ls 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 60 into another State or county
of State, for temporary purposes merely, with
an intention of returning; Third-A person
shall not be considered or held to have gained
residence in any county of this State Into which
he shall come for temporary purposes merely,
without the intention 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 another State with an in-
tention to make it his permanent residence, he
shall be considered and held TO have lost his
residence in this State; Fifth-If person re-
move to another State with an intention of re-
manning there for an indefinite time, and as a
place OF present residence, he shall be consid-
erred and held to have lost his residence in this
State, notwithstanding be may entertain an in
tention to return at some future period; Sixth
The place where married man family resides
SHALL generally, be considered and held TO be his
residence; but if it is place of temporary es-
adjustment for his family, or for transient OF
iects, it shall be otherwise; Seyentb-If mar
ried man has his family fixed in one place, and
he does his business in another. tie former shall
be considered and held to be his place of resi-
dence; Eight-The mere intention to acquire a
new residence without the fact of removal, shall
avail nothing; neither shall the fact of removal,
without the intention; Ninth--If any person
shall go into another State, and while there ex-
Arcise the right of a citizen by voting, he shall
be considered and held to have lost his residence
in this State.
Sto. 2. That section number four of said
act be so amended as 10 read as follows: ANY
person who shall willfully vote in any town.
ship or ward in which he has net actually re-
sided for twenty days next preceding election,
shall, on convictien thereof, &c imprisonedin the
Jail OF the proper county not more than six
months nor less than one month -
Sec. 3. That section numter five of said
act be so amended as to read as follows: ANY
person being resident of this Stale, 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 imprisoned in the peni-
tentiary and kept at hard labor, not more than
three years, nor less than one year.
SEC. A. That section thirteen of The nct to
which this is an amendment be so amended as to
read as follows: Section l3. If person offer
ing to vote is challenged as unqualified by one
OF the judges of the election, or by an elector,
one of the judges shalltender to him the follow
ing oath or affirmation: you do swear or (af-
frm) that you will fully and truly answer all
such questions as shall be put to you touching
place of residence, and qualifications as an elee-
tor at this election?" First-if the person be
challenged us unqualified on the ground that
he is not a citizea, the judges, or one of them,
shall put the following questions: lst. Are
you citizen of the United States? I'd. Are
you native or a naturalized citizen. If per-
son offering to vote claim to be naturalized ci-
tizen of the United States, he shall, before his
vote shall be received, produce for the inspee-
ton OF thejudges of the election, certificate of
his naturalization, and under oath or affirmation,
that he is the identical person 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 certificate of his naturalization, 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, that by reason
of the naturalization of his parents or one of
them, he has become citizen of the United
States, and when and where his parents were
aaturalized, the certificate of said naturalization
need not be produced. Second-If the person
be challenged as unqualified on the ground that
he has not resided in this State one wear imme-
diately proceeding the election, the Judges, or
one OF them shall put the following questions:
lst-Have pou resided in this State for one wear
Immediately preceding this election? I'd
have you been absent from the State within the
year preceding this election? If yes, then Sd
When you left, did you leave for temporary
purpose with the design of returning, or for the
purpose of remaining away? 4th-Did you,
while absent, look upon and regard this State
as your homer 5th-Did you while absent,
vote in any other State? Third-If the person
be challenged as unqualified on the ground that
he Is not resident of the county, township, or
ward where he offers to vote the judges or one of
them' shall put the following questions 1st-
Have you resided in this county for thirty DAYS
las. past? 2d-Have you resided in this town
ship (or ward) for twenty days past? 3D.
When did you come last into this county, 4th
w hen you came into this county, did you |
come for temporary purpose merely, or for the |
purpose of making il your home? 5th-Dld |
you come into this county for the purpose of vo-
ing In this county? 6th-Are you now an
actual resident of this township or ward?-
&c fourth-if the person be challenged as unqual-
lined on the ground that he is not twenty-one
years of age. the judges, one of them, shall |
put the following question: Are you twenty |
one years of age, to the best of your knowledge |
and belief? The Judges of the election, or enc |
OF them, shall put all such other questions to
the person challenged, under the respective |
heads Aforesaid, as may be necessary TO test |
his qualifications of an elector at that cleo
tion.
SEC. 5. That section sixteen of the act 10
which this is an amendment. be so amended as
to read as follows: Section 16. If any perscn |
shall refuse to take the oath affirmation SO ten
dered, his vote shall be rejected; Provided. tha:
after such oath shall have been taken, the judges
shall nevertheless refuse to permit such person |
to vote, if they shall be satisfied from record evil
dence, or the testimony adduced before them, |
that he Is not legal voter; and they are here |
by authorized to administer the necessary oaths |
or affirmation to all witnesses brought before |
them, to testify to the qualifications of person
offering to vote.
SIC. 6. Nothing in this act contained so far |
as the same relates to the length of time requir-
ed of the voter toreside in the township or ward |
where he offered to vote, shall be held. taken
or construed to apply to any voter who is the
head of a family, who shall bona tide remove
with his family from one ward into another
within the corporated limits of any city with
in this State, or who shall remove from one
township to another within the same coun-
ty.
SEC. 7. That original sections numbering
two, four five, thirteen and sixteen of the act to