The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-10-26
Opinion of the Acknowledgement Reia-
tive to the construction of Various Por-
lions of the registration and Election
Laws of the state and United States.

4
ATTORNEY G GENERALS OFFICE,
RICHMOND, Va, October u, 1882.
Hon. WAlimn G. Elan, ,secrstayy of tie Com
naonaoealM:
Sir,-I am in receipt OF your own and many
other letters from different parts OF the State
asking my construction OF various portions OF
the registration and election laws of this State,
and us it is impossible for me to reply person
ally to all, have grouped the following opin-
ions that believe respond TO the most impor-
tant inquiries
l. Every male citizen of the United St0tes
twenty-one years old, who shall have been
resident of this State twelve months, and of
the county, city OF town in which he shall offer
to vote, three months next preceding any cleo
ton, and who shall be registered voter III and
a 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
preceding year and shall haye so paid it be-
fore the day of election, has the right to vote
ut the approaching election on the 18th of No
vember except the following who are excluded
from the right to vote:
(a.l Idiots and lunatics
o. Persons convicted of bribery in any
election, embezzlement ofpublic funds, treason,
petit larceny or felony.
1t will be seen. therefore. that persons con-
vcted of any other misdemeanor than petit
larceny are not excluded from the right to vote.
Those persons whose disabilities haye been re-
moved by the Governor have also the right to
vote
(c) Persons violating the duellng act, and
whose disabilities have not been removed, are
also excluded from voting.
Q. Residence is a matter of intention, and
where doubt arises as to the residence OF Il
H., .,,t.
tanned, will settle it.. An absence from the
county or State does not affect such residence
if the absence is accompanied with an intention
to return.
3. II a person attain his majority at any
time before election-day he is entitled to vote !;
but rs registration is necessary, such person,
il he become of age between reg istration and
election days, should register, and the regis
trars IRE required to put bis name upon the
registration list if desired notwithstanding at
the time he is under age.
4. A 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 any capilation-tax. because only snch male
persons OF full age as resided i'll the taxing
district between the 1st day of February when
the commissioner begins his assessment, and
said 10Th day of July following, when he de-
livers his books to the officer charged with col
lection of taxes, are liable to be listed tor
taxation.
5. For the same reason citizen of another
State who came into this State since the 10Th
day OF July, 1881, and who has acquired u res
ldence here, is entitled to vote ut the coming
election without the payment fthe captalion-
tax.
IT, Ali persons heretofore exempted, or who
before The 7th of November next shall have
been exempted by the county or corporation
courts from the payment of the capitalion tax
on account of bodily intirmity, will be entitled
to vote on the 7th Of November next without
the payment of said tax for 1881.
z. If 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 pranaG facie entitled to vote, as it
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.
g. The tax required to be paid as the pre-
requisite to voting on the 7th Of November is
| the State capitation-tax with which the voter
was assessed by the commissioner of the rev.
enue, by reason of his residence in the dis
| trict between the 1st of February and 10Th of
July, 1881, or who have removed therein be-
fore the said 18th Of July, when the commits
siOner delivers his books to the treasurer or
collector of taxes.
8. 1t is not necessary that each voter should
in person 20 to the commissioner of the rev.
enue to be assessed, but it is the duty of the
commissioner of the revenue to assess all per-
sons residing in his district on the list day OF
February in each year, liable 10 Il tax, who are
in any way brought to his knowledge. Thus
one man may call the attention of the com
missioner others and Tina have
sessed
10. The captation-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 re-
| turned delinquent can be paid to the clerk of
| the county or corporation court, to the Audi
| tor of Public Accounts, or to the collector of
delinquent taxes appointed by the Auditor ;
| and such insolvents have the right to vote on
the tax-receipt granted by either the clerk
Auditor, or collector, and cannot rightfully be
refused the exercise of such right at the polls ;
| and such taxes can be paid to either the said
| treasurer, clerk, Auditor, or collector of de-
| inquent taxes, at any time before the election
| day prescribed by law.
II. The best evidence of the payment of
| the capitation tax for the preceding year by
| the voter is the production of the tax receipt
| itself; but this is not absolutely necessary, as
he may show by satisfactory evidence Of him
| self or of any one else who knows the fact
| that the same has been paid prior TO the day of
| election.
| 10. 1t is the duty of the commissioner to
| assess any voter whose name has been omitted
| from his list where he ascertains such factand
| his failure or refusal to so assess the voter
ought not to work bar to the exercise of the
right of ballot but it is the duty of said tom
| missioner to give ample opportunity to each
| voter to qualify himself to vote and this OPP
| portunity should be extended TO him up TO
| and including the day previous to the election ;
| and any commissioner who would fail or re-
| fuse by omission or commission to give the
| voter such opportunity may be removed by
the judge of the county or corporation for
cause, and another appointed in his stead, to
discharge the duties of his SAID office; and
such refusing commissioner may be held liable
| on his official bond for his breach of duty.
49, Ii, however, by the fault or refusal of
such commissioner, a voter has not been as
| sessed with the capitation tax required by law
to be paid as a prerequisite to voting am Of
opinion that such failure to assess the voter,
when it is the duty of the assessor to assess
every resident voter, ought not to work q dis
| reimbursement in such cases. My reason is
that the statutes relating to the assessment OF
taxes do not require, expressly or by intend
ment, that any person shall Involuntary seek
the commissioner for the purpose of subject
ing himself to q capitatiOn-taX, and having
himself assessed with that tax. The law de-
wolves upon the officer himself, who is elected
for the purpose, the duty of ascertaining the
persons subject to this tax and a penalty is
denounced against him for his failure toluo 50,
as will be seen from the 4hth 4Sth, 49lh, SD,
and 10th SECTIONS of chapter 33, Code of 1878
Therefore. if registered voter presents tothe
ju iges of election the certificate Of the clerk
of the court to whose Office. the assessors
books are returned, dated the day of election
or any other satisfactory evidence that no
capitation-tax has been assessed against such
voter, then the law presumes that such voter
is not liable to such tax, and such officer be-
comes bound for the same by his omission of
duty, unless satisfactory reasons be given for
such failure to assess said voter with his cap
tation-tax but in either event such voter is
entitled to vote, If such were not the law,
such commissioner or assessor might absent
himself from his district, or by other failure
or refusal might disiranchse the citizen by tax
ing away from him the opportunity to qualify
himself by assessment and prepayment of
taxes to exercise the right of suffrage I teel
sure such is not the policy of the law
H. Two separate ballot-boxes are required
at each voting precinct-one for congressman
at large and district congressman, and the
other for or against the constitutional amend
ments then submitted.
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