The Lincoln County herald., 1871-01-26
The Registration Law.

| JEFFERSON CITY, Jan. 2l.--Ihe follow.
ins is the opinion Of Attorney General
Baker on the registration required at the
approaching special elections:
A7rosxEY GENERALS OrrIcr, STAIR or Mrsso-nr
JEFFERSON CRY, January 20, 1871.
His Excellency, Gov. Brown-DEAR
lSIR:-There being o vacancy in the Office
Of representative Of Newton county in tho
Twenty sixth general assembly caused BY
shs death Of Judge Beeman, and your
sxcellency having ordered . special elec-
ton to Gil that vacancy, to DO held on the
SOth inst, and it appearing that with the
present status of the constitution and
laws, there Is an apparent difficulty at-
tending said election arising from the
present constitutional provisions and the
registration laws as now in force, and
your excelloncy having desired my legal
opinion upon the matter, submit The
following:
1st. The amendment Of the constitu.
tion with reference to suffrage, in my
opinion, does not repeal or abroeate the
registration law, except in 80 far as that
the oath Of loyalty is not required to be
taken before registration as voter. (See
amendment to sec. l, article 2.)
I'd. Tho constitutional amendment,
clearly in its scope and meaning, appears
to contemplate the registration Of voter
before ho is entitled to vote.
Sd. There being no provision IN the
constitution as amended that operates to
repeal the present registration law except
as touching "the oath OF loyalty" the
registration law can stand with the con.
stitution as amended, therefore take it
that the general registration law of 1868
is still in force, except that part which
is in conflict with the constitutional
amendment above referred to, which only
affects the oath Of loyalty as stated.
The general registration law, section
Is, provides. "For the purpose of keeping
the list Of qualified voters complete, the
clerk Of the county court shall, twenty
days before any special election Except
elections for school purposes), cause to be
delivered to the board Of registration, or
any member thereof, the books of regis
tra.ion, who shall Immediately proceed to
register the names of such persons as
have become qualified voters after the
closing of the registry, and also such
persons as may be entitled to registration,
but for any good and sufficient cause,
failed to present themselves for registra.
tion at the last general election" This
part Of the section directs the clerk in the
performance of his duties, and contem.
plates but one object, and that is to
keep the list of qualified voters complete,
&C." Although the lit may not be
delivered to the board twenty days prior
to the election, yet if the board discharge
their duties as pointed out in the latter
part of the section, and the voters have an
opportunity to be registered five days
before the election, the object contem
plated has been subserved, and the cleo.
tion would be valid, notwithstand fail
ure to deliver the books to the board for
twenty days before the election.
On the next point, as to the duty of
the board in proceeding Immediately"
to perfect the list. This term, imme.
diately, cannot be constructed to mean
any definite time, hut reasonable time to
afford the board and voters an opportu.
nifty to perfect the list. Again it is
provided that the board shall complete
he books of their registration FIVE days
prior to the special election" The object
,f this provision evidently is to give time
'or their distribution among the judges
of the elections Of the books of registered
voters. From the foregoing considera.
ions it is my opinion that so the books
ire delivered to the board Of registration
n sufficient time, before five days previ.
rus to special election, to enable said
board to complete the registration before
he five days, the registration is legal and
he election valid, snd the board of reg
strars should modify the registration
books, so that instead Of the voters taking
he oath Of loyalty prescribed in article
I'd of the constitution, they should take
he oath prescribed by tho amendment
hereto, and make out lists anew from
he old lists already made with the new
'ames added that harmony will then
esult and all difficulties will thereby be
'bviated. I would suggest that your
xcellency, therefore. issue to the county
lerk an order to deliver the old books
# registration to the registrars and that
he registrars proceed to perfect the same
S herein indicated, and directing them to
|eliver the lists so perfected at least Eve
lays prior to tho special election, and
hat the election as appointed by your
xcelIency proceed. t-
I have the honor to be. ETC.,
A. j. BAKER. l.
ATTORNEY General.