Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-10-21
The Registration and Election Laws-0u;nion OF
lttorney-General Blair.

Mr.. Blair, Attorney-Ge Of the State
has published the following opinion
l. Every male citizen of the United States
twenty-one years old, who shall have been
4 resident of this State twelve months, and
OF the county, city or town in which he shall
offer TO vote, three months next preceding
any election. and who shall be registered
voter, in and resident of the election dis
trict in which he shall offer to vote, and
shall have paid the State captation tax re.
quired by law for the preceding year, and
shall have so paid it before the dav of elect
ion has the right to vote at the approach
ing election on the eth of November except
the following, who are excluded from the
right tovote.
(d) Idiots and lunatics.
(bl Persons convicted of bribery in any
election, embezzlement ofpublic funds, tren-
son, petit larceny or felony.
1t will be seen, therefore, that persons
convicted of any other misdemeanor than
petit larceny are not excluded from the
right to vote Those persons whose disabil-
| tiles have been removed by the Governor
have also the right to vote.
(c) Persons violating the duelling act, and
whose disabilities have not been removed, are
also excluded from voting.
.. Residence is Il matter of intention, and
| where doubt arises as to the residence of q
voter such intention, when properly ascer-
| tanned, will settle it. An absence from the
county or State does not affect such resi-
dence If the absence is accompanied with an
| intention 10 return.
s. fla person attain his majority ut any
time before election day he is entitled to
vote; but as registration is necessary, such
| person, II he become OF age between registra-
ton and election days should register, and
the registrars are required to put his name
upon the registration listifdesired notwith-
standing at the time he is under age.
1. 4 person who has become of age since
the 18th day of July, 1881. is entitled to vote
at the ensuing election without the payment
Of the capitation-tax, because only such male
persons of full age as resided in the tax
ing district between the 1st day of of Febru-
airy, when the commissioner begins his as
sessmcnt, and said 18th day of July follow
ing, when he delivers his books to the off,
Ger charged with collection of taxes, are liza
bic to be listed for taxation.
.. For the same reason a citizen of anoth-
er State who came into this State since
the 10th ofJuly, 1881, and who has acquired
Il residence here, is entitled to vote ut the
coming election without the payment of the
capitation-tax
4. All persons heretofore exempted, or
who before the 7th Of November next shall
have been exempted by the county or COR
poration courts from the payment ofthc cap
ltation-tax on account Of bodily iniirmity,
will be entitled to vote on the eth of No
vember next without the payment of said
tax for 1881
I. liza voter has been regularly assessed
with the capitation-tax for 1881 and his
name appears on the commissioners books
and he has not been returned delinquent
for that year, he is arima tucie entitled to
vote, as. 1t must be 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 as the pre-
requisite TO voting OH the 7th Of November
is the State capitation-taX with which the
voter was assessed by the commissioner of
the revenue, by reason of his residence in
the district between the 1st of February
and ID of July, 1881, or who have removed
therein before the said 10Th of July, when
the commissioner delivers his books to the
treasurer or collector of taxes.
8. 1t is not NECESSARY that each voter
should in person so to the commissioner of
the revenue to be assessed, but it is the du-
ty of the commissioner of the revenue to as
sess all persons residing in his district on
the LIST day OF February i'll each year, liable
10 tax, who are III any way brought to his
knowledge. Thus one man may call the at
tention 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 to the county, city or town treasurer.
The capitation-tax of those who have been
returned delinquent can be paid to the clerk
OF the county or corporation court, TO the
Auditor of Public Accounts, or to the col
lcctor Of delinquent taxes appointed by the
Auditor; and such iusolvcntS have the right
TO vote on the tax-receipt granted by either
the clerk, Auditor, or collector, and cannot
righitully he refused the exercise of such
right at the polls, and such taxes can be
paid to either the said treasurer, clerk, Audi
tor, or collector of delinquent taxes, at any
time before the election day prescribed by
law
IL. The best evidence of the payment of
/ the capitation-taX for the preceding year
by the voter is the production of the tax re-
cept itself; but this is not absolutely neces-
sary, as he may show by satisfactory evil
dence of himself or of any one else who
knows the fact that the same has been paid
prior to the day Of election.
-. 1t is the duty of the commissioner to
assess any voter whose name has been
omitted from his list where he ascertains
such fact, and his failure or refusal to SO as
sess the voter ought not to work bar to the
exercise of the right of ballot; but it is the
duty of said commissioner to give ample op-
portunity to each voter to qualify himself
to vote, and this opportunity should be ex-
tended to him up to and including the day
previous TO the election; and any commits
sioner who would fail or refuse by omission
or commission to give the voter such op-
portunity may be removed by the Judge of
the county or corporation for cause. and
another appointed in hls stead, to discharge
the duties of his said office; and such reftis-
ing commissioners may be held liable on his
official bond for his breach of duty.
IL. If, however, by the fault or refusal of
such commissioner, a voter has not been as
sessed with the capitation-tax required by
| 1x,,.