The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-02-25
Omissions from Reglstratien
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Complaint having been made In many
parts of the State of the omission OF the
names of voters from registration lists, the
following opinion Of Acknowledgement
Cooper will be of advantage to those IN
terested, inasmuch as it suggests meth
DDS of repairing the errors Of function
aries:
OFFICE OF ATroRSEY-G GENERA.
TALLAHAssEE, FLA, Feb. IL, 1880.
Hon. E. A, Perry, Governor :.
Shin reply to the questions referred to me
by you concerning Chapter 1871 Of the Statute
Laws of Florida, entitled An Act to provide
for the taking of the census of the State OF Fior
ida in the year 1885" have the honor to SUD-
nit the following opinion
The purpose of the Act is evidently to COM
ply with and execute Section 1, of Article XIII,
of the State Constitution, in causing an enumer-
alton to be made of the inhabitants of the State,
and in procuring lists of the registered voters OF
the several counties, to enable the Legislature to
"apportion the representation among the diff
ferent countless and " 10 fix by law the number
of Senator's"
Difficulties have arisen in the execution OF the
fifth section of the Act. which requires the
County Commissioners of the several counties
to strike from the lists of registered voters the
names of all persons not embraced in the lists OF
male inhabitants of the respective counties, over
twenty-one years of age, made and returned by
the Assessor in accordance with the preceding
section of said Act These difficulties have been
caused by Inaccuracies in the Assessors returns,
| in emitting the names of many qualified voters.
| The numerous questions arising therefrom re-
ferred to me as above stated, endeavor to cover
in the following answers.
1. know of no power in the Governor to
| have the census retaken.
2. Where the Assessor desires TO correct his
return by adding the names of male inhabitants
| of the county over twenty-one years OIL
age inadvertently omitted or omitted by mis-
take in copying, am of the opinion that he can
make such amendment at any time before the
County Commissioners have completed the re-
vision of the registration list and returned the
same to the County Clerk. In such case, he
| should also file an amended return in the Sec
| rotary OF States office.
| D. AiteI tHe county COMMISSIONERS nave Gull
pleted the revision of the registration list and re
turned the same to the clerk, it is too late fol-
| the Assessor TO amend his return, and the Com
missioners have no power to replace names upon
the registration list which have been stricken
off; but any person whose name has been i'm
properly erased, by reason of the improper omis
sion of his name from the Assessors return, Of
otherwise, may "at any time before the tenth
day preceding any geneI al election to be held in
such county," make the declaration, under oath
prescribed by Section of Chapter 1921, Acts oil
| 1877, obtain from the County Commissioner:
the certificate provided for, and have his name
replaced on the registration list by the clerk Oh
he may register anew in the manner and at tbt
time provided for by law State rel. VS.
| County Commissioners Jefferson county, II Fla.
707
4. The fact that the name of any County Com
missioner or other officer has been improperly
omitted from the Assessors return, and ha
been for that reason stricken from the registra
ton list, cannot affect the rights of such office
to his office, or the exercise of It's functions and
| may add, such improper omission by the AS
SCISSOR and striking from the registration list O
the name of any qualified voter. will not deprive
him Of the right TO vote, nor of any other RICH
which he has acquired by registration.
AS TO the effect Of such omissions upon jury
lists, that is question which belongs to thu
courts. Very respectfully,
| c. NJ COOPER Attorney General