The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-11-03
For tho Democratic Adsoeai..
Residence Of Voters.

II has occurred to me that some remarks in
regard to the Constitutional requirement as to
the residence of voters may not be out Of place
at the present time. Until 1851 nothing more
was required than residence of twelve months
in the State, six months in the county, and no
particular limitation Of time in the district or
ward. Baltimore city and some of the coun-
ties were then so divided as to form parts Of
different congressional districts, which afford
ed an opportunity for voters, in ward or
district in which their party had large ma
jority, to remove, few days before the cleo
ton, into ward or district in another congress
sional district where their party was in the
minority, or the result doubtful and, imme-
diately after the election, to remove back to
their old district or ward. II was for the pur-
| pose Of preventing this " colonization" Of vo-
tiers, as It was called, that the Convention of
1851 introduced proviso requiring, in such
case, residence of six months in the ward or
district; but allowing the voter who had not
| yet acquired six months residence in the ward
or district to which he had removed, to 20
back and vote in the ward or district from
which he came, being in the same city or county.
The convention only intended at first to apply
the proviso to the election of congressman,
| and It was so worded as to suit that case; but
twas finally enlarged by adding words to cm.
brace all other officers. The same Constitution
provided for the election of Justices Of the
Peace and Constables BY the separate wards
and districts, and much confusion of opinion
onsued on thai account believe, in Baltimore
city and perhaps elsewhere, 1t was construed
as If the Constitution required six months resi-.
dencc at all elections in case of removals from
ward to ward or from district to district In
nv humble opinion this was wrong; as the
requirement of the Constitution was, that the
ward or district to which the voter removed
was to be 'tportion" OF different electoral
district for the election Of Congressman, SEN
ator, Delegates, or other officer or officers"
and not the Thoie Of such district, as would
be the case in regard to the election of sepa-
rate ward or district officers. Had the Con-
stitution intended this broad construction it
would simply have required six months resi-
dence in the election district or ward, the same
as from county 10 county.
| The Constitutions Of 1854 and 1867 retained
the same Proriso without alteration; but as
we no longer elect, at our State elections, any
separate district or ward officers, it is clear
that the proviso of six months ward or district
residence is not now required in any part Of
the State, except in Baltimore county and Bal
tmore city which are divided into and form
parts Of different Congressional Districts.
The latter part of the 18th section of the
Registry Law of 1870. chapter $50, which SAYS
that "residence shall not be considered as
changed until six months after actual removal
from the city, county, legislative, congressional
or other electoral districts in which a vote.
has been registered" is a bunglng attempt to
comply with the proviso Of the Constitution
above mentioned, and is perfect nullity. so
far as it proposes 10 change the clear provis-
ions of the Constitution, which requires every
man to vote in the election district or ward in
which he resides at the time Of the election.
except it be in a different congressional dis
trict from the district or ward he removed
from. This law undertakes also to say that
man resides In the city, county, or district for
six months after his " actual rsmopaF' there
from, which is absurd. 1t is also inconsistent
with other parts Of the same Law, particularly
/ with the previous part of the same section
where it requires the Clerk of the Circuit
Court to give to persons who have removed,
''nee the repatriation, certificate that his name
appears on the list of qualified voters Of the
district from which he has removed which
certificate will entitle him to vote at the pre-
cinct or district to which he has removed
This applies only to pers, ms who have removed
from their present district or ward since The
25th or 2Gth OF the present month of October
when the registry closed and shows that the
present registry law itself does not intend to
require six months residence in all cases In
changing from district to district, or from
ward to ward.
hold it, therefore, to be perfectly clear that
no man who has actually removed from any
county, or legislative district Of Baltimore city,
or from any ward, district or precinct, even a
single day before the election, can return 10
and vote in the election district or ward from
which he removed, unless in the particula,
cases provided for in the Constitution as, for
instance, where he has removed from one dis.
triet in Baltimore county to another district ia
the same county in different congressional dis
tricts; in which case he can go back aud vote
In the district from which he removed for sis
months after his removal. The same would be
the rule In the corresponding case ofa removal
from ward to ward in the same legislative dis.
trict of baltimore city, when in different con
frra 81 A:.N.s .t.. A Al. a.
ceptions to the general rule in the State oil
Maryland.
1t is true that man who is only temporarily
absent from his home, for definite purpose
aud who left with bona fidc intention to re-
turn, does not lose his residence nor his vote
but If he lett without such intention to return
he cannot reinstate himself By any intention
to return subsequently formed. In the lattel
case he must wait the full time required BY III,
Constitution before he can become qualified "a
vote.
Some folks have strange ideas on the subject
OF residence. If they have only once lived ia
county, or city, they seem to think they car
keep their right to vote there as long rs they
please by simple act of their own will, though
they have gone to other places, even with
their whole families, and engaged In business
there which may last their whole lives, if theii
health continues, or their employers do NO
choose TO dismiss them. On such remote con
tingencies do they often base their intention /,
return. Witness the Gambril case just decid
ed, very correctly too, by Judge Miller a,
| Annap0lis-and witness We dare sav n num
Der Of similar cases Of names in Carroll county