Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-08-22
An Act to amend Chapter 3 of the Code O
West Virginia, relating to elections b.

An Act to amend Chapter of the Code of
West Virginia, relating to elections by
the people.
Be e eEacLed Ey Me Legislature of Vest
TITgiRia:
Section thirteen of chapter three of the act
entitled San act establishing a code of Laws
for the State" is hereby amended and re.
enacted as to read As follows:
"lS. Every officer or person employed in
holding an election, or making returns thereof,
shall, before entering upon the discharge of
his duties, take an oath that he will support
the constitution Of the United States, and the
constitution of this State, aud that in the
election about to be held he will faithfully
aud impartially discharge his duties according
to law to the best of his skill and Judgment.
The supervisor or any of the inspectors. or of
the persons acting rs such at any election. or
any other person authorized to administer
oaths, may administer the said oath to the
person required to take the same. Any one
of said persons may also administer any oath
necessary to be administered during the hold
ing 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.euacted 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 corporation thereof by
reason of his being stationed therein"
Section fOSty-three of the said chapter of
said act is hereby amended aud re>enacted so
rs to read as follows:
"4S. 1t shall be the duty Of the supervisors
and inspectors of the elections in the several
townships, and of the officers conducting and
holding the elections in each ward of city or
IN an incorporated town or village, voting by
wards, to permit all persons to vote therein
who are coustitutiOnally entitled to vote at all
elections held within the elec.:on districts in
which they respectively reside, and residents
OF the township or waId 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. Provided, that If the right
OF any person Offering to.vote shall be chal.
Ienged by any such officer or any other person
and 1t shall appear that such person is not
minor, or it shall not appear that he is rau
per or OF unsOund mind, and shall appear that
he has been a resident of the State for one
year and of the county in which he offers to
vote for thirty days next preceding such offer
and is resident Of the township or ward in
which he offers to vote, the right of such
person to vote shall not be further questioned
unless ana until written charge of some
specific act of constitutional disqualification.
verified by the written affidavit, OF a qualified
voter, shall be preferred against the person
Offering to vote. And the right of such PERSON
to vote shall not be denied him unless the
charge so preferred shall be proved bv cvi,
dence of record or clearly established by the
oa'hs of at least two competent and credible
witnesses; and he shall not be required in any
form to eliminate himself Any person who
shall wilfully swear falsely in any such afida>
Wit on any such occasion, or procure another
person 10 do SO, he shall bc guilty of perjury
aud be confined in Jail one year and fined not
exceeding one thousand dollars And If any
such officer aforesaid shall uulawfully and
knowingly permit any person to vote at any
election who is not entitled to do so, or un-
lawfully and knowingly reject the vote ofany
person entitled to vote at any such election, he
shall be guilty of nisdemeauor. and be fined
not less than fifty nor more than two hundred
dollars
Sections twenty two TO Eorsy-two inclusive.
and torty-tour to fifty-eigh, inclusive, of said
chapter Of said act, are hereby repealed