Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-08-01
DUTIES OF OFFICERS OF RLFC-
TIONS - PRIVILEGES OF CHAL-
LENGERG


Any candidate, or other citizen Of this
Stdie, is privileged to challenge votes. See
Code, sec. S52. But it is customary to ap-
! point particular persons to attend to this
duty at each voting precinct, and the re-
celUer Of U0tes being for the time, place and
| purpose Deputy Sheriff, and as such haV-
ing the chief command of the place of
holding the election, has a right to assign
convenient and proper places about the
! ballot-box to these challengers, and to pro-
tect them in the performance of their duties.
The officer holding the election being
the Sheriff's deputy, is for the time and
| purpose peace officer, with the powers of
a sheriff, and may summon any number of
| bystanders, officers or citizens, to assist him
in the performance of his duties in the
4. preservation of the peace@nd protection of
the ballot-box. See Code, sections 359, 1862,
sSg, etc. By section 863, the judges or in
spectors are also made peace officers, but of
course not to the exclusion of the officer
holding the election, who is primarily re-
sponsible for the custody of the ballot-box,
and the peaceable and orderly conduct of
the election he is by law appointed to hold.
When vote is challenged, the person
Offering to vote MAY be sworn by the officer
holding the election, or by one of the
Judges. Section 1922 And then "the
Judges, or some one of them, shall ask the
opersn offering to vote the following CUES
stien:
"Are you citizen of the State of Ten
nessee
Are you twenty-one years of age?
''Do your reside in this county,"
HAS your home been in this county six
months next before this day? (the day of
holding the election.)
Have you voted at any other time or
place in this election?
ANY other questions the Judges may
think to be material, to ascertain the quail
icatiOns of the person offering to vote.
And if they or any one of them have rea-
son to suspect that the person offering to
vote has sworn falsely, they, or the officer,
or some Justice of the Peace under their
direction, may swear any bystander as to
the right and qualification of such person
to vote" Code section 853
BY section S54 it will be seen that all
these questions must be answered affirma-
lively; and that the Judges must be salts.
fed of the truth Of such answers-that is,
if they have no sufficient legal reason to
question their truth from the evidence of |
bystanders or otherwise. And the Judges
must be satisfied that he is otherwise quail |
fed. Else the vote must be rejected.
The above provisions Of the Code are |
not repealed by the franchise law; but by |
that act the voter must be "male inhabitant |
of this State, of the age oftwenty zone years, a
citizen of the United States, and a resident |
of the county wherein he may offer his |
vote, six months next preceding the day of /
election" See franchise law, section one.
But by an act subsequent to the franchise
act, passed March s, 1867, it is provided |
that "such aliens as have resided more than
one year in the United States, and more
than six months in the State of Tennessee,
shall have the right Of the elective fran
chise Provided, that such persons shall
have previously declared their intention to
become citizens of the United States, and
that they shall not have participated in the
late rebellion" Acts of 1867 c. 81, sec. l.
1t will be seen that this varies the prov-
siOns ofihe Code and franchise law only as it
regards citizenship Of the United States.
The alien having declared his intention to
become a citizen according 10 Law, is as
much entitled to vote as if fully naturalized
-walying all discussions as to whether
the alien under this latest act is entitled
to vote without registration or certificate
We are informed, and have no doubt,
many persons have been registered VINO
have not resided in the county for six
months next preceding the election, and
some who are not of age. Let all doubtful
yOtes be challenged. If a person shall so
vote frauduently, whether challenged or
not, he is punishable by fine and imprison-
ment. See franchise act, sec. IA. False
swearing at the polls is perjury, punishable
by imprisonment in the penitentiary.
Let our friends see that competent chaL-
Ieagers are appointed at every yoting precinct.
The officer holding the election is re-
qured by law to act with the Judges in
the counting of votes. Code, sec. SCI. And
the same officer is required to make the
returns to the Sheriff, and with the Judges
certify the poll-books. In making out the
returns the officer should certify that the
election was opened and held according TO
Ia,C
By order of the Executive Committee Of
Middle Tennessee.
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