The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-03-14
THE ELECTION Law.

An Act toanend Chapter 3 Of the Code OF
West Virginia, relating to eiect,ons by
the people 81
Be IL esaetsd by tie Legislature Of West
Virginia: y -
Section thirteen of chapter three oil
the act entitled "An act establishing a
code OF laws for the State" is hereby
amended and re-enacted as to read as
follows:
"l3. Every officer or person employ
ed in holding an election, or making re-
turns thereof, shall, before entering
upon the discharge of his duties, take
an oath that he will support the consti-
tuition of the United States, and the
constitution Of this State, and that in
the election about to be held he will
faithfully and impartially discharge his
duties according to law to the best oil
his skill and judgment. The super
visor or any of the inspectors, or Of the
persons acting as such at any election,
or any other person authorized to ad-
minister oaths, may administer the
said oath to the person required to take
the same. Any one of said persons
NAV also administer any oath necessary
to be administered during the holding
of any election, or at the taking Of poll
to ascertain the sense of the people upon
any question.
Section twenty-one, Of chapter three
of said Code is hereby amended and re-
enacted so as to read as follows:
"2l. No person in the military, naval
or marine service of the United States,
shall be deemed a resident Of this State
or Of any county, township or corpora.
ton thereof, by reason of his being
stationed therein" .s~..-....-..
Section forty-three Of the said chap
ter Of said act is hereby amended and
re enacted so as to read as follows:
"43. 1t shall be the duty Of the su-
pervisors and inspectors OF the elections
in the several townships, and Of the Of
fieers conducting and holding the cleo
tons in each ward of city or in an
incorporated town or village, voting by
wards, to permit all persons to vote
therein who are constitutionally entitled
TO vote at all elections held within the
election districts in which they respec-
lively reside, and residents of the town
ship or ward in which they respec-
lively shall offer to vote at the time
of such offer, and reject the vote of all
other persons offering to vote. Pro-
vided, that if the right Of any person
offering to vote shall be challenged by
any such officer or any other person,
and it shall appear that such person is
not minor, or it shall not appear that
he is pauper or Of unsound mind, and
shall appear that he has been a resi-
dent Of the State for one year and Of
the county in which he offers to vote
for thirty days next preceding such Of
fer and is resident of the township or
ward in which he offers to vote, the
right OF such person to vote shall Lot
be further questioned unless and until a
written charge Of some specific act Of
conditional disqualification, verified by
the written affidavit Of qualified voter,
shall be preferred against the person
offering to vote And the right OF such
person 10 vote shall not be denied him
unless nc charge so preferred shall be
proved by evidence otssrecord, or clearly
established by the oaths Of at least two
competent and credible witnesses; and
he shall not be required in any form to
criminate himself. Any person who
shall wilfully swear falsely in any
such affidavit on any such occasion, or
procure another person to do so, he
shall be guilty Of perjury and be con-
fined in Jail one year and fined not ex.
ceeding one thousand dollars. And if
any such officer aforesaid shall unlaw-
fully and knowingly permit any person
to vote at any election who is not enti-
tied to do so, or unlawfully and know
ingly reject the vote of any person enti-
tied to vote. at any such election, he
shall be guilty of misdemeanor, and
be fined not less than fifty nor more
than two hundred dollars.
Sections twenty-five to forty-two in
elusive, and forty-four to fiity.eight in
elusive, of said chapter of said act, are
hereby repealed.