The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-10-20
Opinion or the Attorney General Rela.
tive 90 the Construction Of Various
Portions Of the Registration and
Election Laws OF tho state.

the State asking my construction OF vari-
Gus portions OF the registration and cleo
ton laws Of this State, and "a il is impossi-
BILE for me TO reply personally to all, have
grouped the following opinions that be-
live respond to the most important in
quiries:
|. Every male citizen OF the United
States twentv-onc years old, who shall have
been resident OF this state twelve
months, and OF the county, city or town i'll
which he shall offer TO vote, three months
next preceding any election. and VINO
shall be a registered voter in and resident
OF the election district in which he shall
offer to vote, and shall have paid the state
capitation-tax required by law for the pre-
ceding wear, and shall have so paid IL be-
fore The day Of election. has the right to
vote at the approaching election on the
7th Of November, except the following,
who are excluded from the right to vote:
(o.) Idiots and lunatics.
(b.) Persons convicted Of bribery in any
election, cmbezzlement Of public funds,
treason, petit larceny or felony.
Ii will be seen, therefore, that persons
convicted OF any other miSdcmeanOr than
petit larceny are not excluded from the
right to vote. Those persons whose disa-
bilities have been removed by the Cover
nor have also the right to vote.
(c) Persons violating the duclling act,
and whose disabilities have not been re-
moved, are also excluded from voting.
>. Residence il a matter of intention,
and where doubt arises as TO the residence
OF a voter such intention, when properly
ascertaincd, will settle 1t. An absence
from the county or State does not affect
such residence if the absence is accom-
panied with an intention TO return.
3. II Il person attain his majority at any
time before election-day he is entitled to
vote: but as registration j. necessary, such
person, if he become OF age between regis
tration and election days. should register,
and the registrars are required TO put his
name upon the registration list if desired.
notwithstanding at the time he j. under
age.
4. A person who Ia, become OF age since
the 18th day OF July, 1881, is entitled to
vote at the ensuing election without the
payment OF any capitation-taX, because
ONLY such male persons OF full age a, re-
sided in the taxing district between the lst
day of February, when the commissioner
begins his assessment. and said 18th day OF
July following. when he delivers h's books
70 the officer charged with collection OF
taxes. are liable TO be listed for taxation.
,. For the same reason a citizen OF an
other state who came into this state since
the 18th OF July, 1851, and who has ac-
quircd residence here, i, entitled vote at
the coming election without the payment
OF the clpitatlon-taX.
6. All persons heretofore exempted, or
who before the 18th Of November next shall
have been exempted by the county or cor
pOratcn court, from the payment OF the
capitation-taX on account OF bodily i'll
trinity, will be entitled to vote on the 9TH
of November next without the payment Of
SAID tax Tor 1881.
:. ii a voter h3. been regularly assessed
with the capitatiOn-taX for 1881, and his
name appears on the commissioners books,
and he has not been returned delinquent Tor
that year. he is primN f0Cie entitled to vote,
rs il must he presumed that he has paid
his tax. or his name would appear on said
list: and whether he has paid it or not, the
treasurer or collector OF taxes becomes
thereby liable to the state for said tax.
s. The tax required to be paid rs the pre-
requisite to voting on the eth OF November
i the Skate capitatiOn-taX with which the
voter was assessed by the commissioner
OF the revenue, bv reason Of his residence in
the district between the 1St OF February and
18th of July, 1881, or who have removed
therein before the said 18th OF July. when
the commissioner delivers his books to the
treasurer or collector OF taxes.
o. It is not necessary that each voter
should in person 20 to the commissioner OF
the revenue to he assessed, but it l. the
duty of the commissioner OF the revenue
to assess all persons residing in his district
on the lst day of February in each year,
liable to a tax, who are IN any way brought
to his knowledge. Thus one man may call
the attention OF the commissioner to others,
and thus have them assessed.
/ 10. The capitatiOn-taX Of those voters
who have not been returned delinquent
/ can be paid 70 the county, city, or town
treasurer. The capitaton-taX OF those who
have been returned delinquent can be paid
to the clerk OF the county or corporation
court. 70 the Auditor OF Public Accounts
or TO the collector OF delinquent taxes ap'
pointed by the Auditor; and such nsOl
vent, have the right 10 vote on the taX-re
CENT granted by either the clerk, Auditor
or collector, and cannot rightiully be re-
fused the exercise of such right at the polls
and such taxes can lie paid to either tn,
said treasurer, clerk, Auditor, or collector
OF delinquent taxes, at any time before tht
clectiOn.day prescribed by law.
II. The best evidence Of the payment 0
the capitation-taX Tor the preceding yea
by the voter is the production Of the ta'
receipt itself; but this is not absolutely ne
ccssary, as he may show by satisfactory
evidence OF himself or of any one else wh'
knows the fact that the same has been pal,
prior TO the day OF election.
| u. 1t is the duty of the commissioner 4
assess any voter whose name has beer
omitted from his list where he ascertain
such fact, and his failure or refusal TO 81
assess the voter ought not to work a lar t,
the exercise Of the right Of ballot: but i
I is the duty OF said commissioner to civ,
ample opportunity to each voter to qualif,
himself to vote, and this opportunity
, should be extended to him up TO and in
, Guiding the day previous TO the election
/. and any commissioner who would fail OF
refuse by omission or commission to civ,
the voter such opportunity may be re
moved by the Judge Of the county or cor
pOraton for cause, and another appointed
in his stead, to discharge the duties OF hi
said office; and such refusing commissioner
; may be held liable on his official bond To-
I his Drcach OF uuty.
n 10. II, however, by the fault or refusal o
n such commissioner, voter has not been as
t sessed with the capitation-taX required b,
4 law to he paid as a prerequisite to voting.
am Of opinion that such failure to assess TIN
voter, when it is the duty of the assessor t,
assess every resident voter, ought not T.
= work Acknowledgement in such cases. VI,
!, reason is that the statutes relating to tn
i assessment of taxes do not require, ex
pressly or by intendment, that any persol
: shall voluntarily seek the commissions
for the purpose of subiecting himself to
captation-taX, and having himself assessed
with that tax. The law deyolycs upon In,