The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1886-03-26

Attorney General H0rd's Opinion
~ TO eligibility % the ONCE OF
AknesaOP.

AHee88Ofs
Hon. Isaac r. Gray. Governor Of In.
diana:
Sir have received your commuui.
cation with statement OF facts and m.
Iquiry, ~ follows:
suppose citizen OF the United States
has resided IN certain county In the
state OF Indiana for twenty-five years,
and has removed 20 and taken up hia
residence In IN adjoining township IN
'hc same county fifty-three days before
the day Of election in April. and con-
inues 70 reside therein up 10 The cleo
tion and afterwards. can such person
qualify and hold the Office OF Township
Assessor II elected IN such township ~
The Office Of Township Assessor was
created by Statute and not BY the Con-
siiiuiion tR $. 1881, sec. 6374), but the
Constitution declares that township Of
ticers shall reside within the township
In which they shall hold Office. tart 8.
sec. s OF Const. II. $. 1881. sec. 1861
Although person may be Ineligible
when elected, yet II he il eligible before
me commencement Of bis term Of Office,
he may qualify and act.
A person may not have the proper
age or residence at the time Of the eIec-
ton to render him en- elector under the
Constitution, yet IL he becomes . voter.
and the disability Is removed before the
term Of Office for which he was elected
commences. such person may lawfully
qualify and enter upon the futies OF
such Office. Estate We. Murray, 20 Wis
y6; State VS.. Trumpf. 80 Wis. lO3 !:
Smith vs. Moore, 80 Ind, 294; &c Kan,
So; 40 Amer, r., 30l. McCrary's Law
Of Elections. Sec. 258; Cushing's Law
and practice Of Legislative Assemb blies.
Sec. 7S.)
The Constitution declares that .severy
male citizen of the United States Of the
age Of twenty lone years and upwards,
who shall have resided in the State du-
ring the six months and in the township
sixty days, aud il the ward or precinct
thirty days Immediately preceding
such election. and every male OF foreign
birth Of the age Of twenty zone years and
upwards. who shall have resided in the
United States one year, aud shall have
'esided in this state during the six
months and In the township sixty days.
md iu the ward or precinct thirty days
Immediately preceding such election,
Ind shall have declared his intention To-
become citizen OF the United States.
10 the laws OF the United
States on the subject OF naturalization,
'haiI be entitled 10 vote in the township
DR. precinct where he may reside, IL lie
'hail have been duly registered accord
ng 10 law Cart, >, Sec. 2, Of C0nst.
<. ) 1881. Sec. ss).
II win be observed that the Constitu-
ion requires = residence in Z tow nshipI
4 sixty days 10 render person an elec-
or.
Section loo Of IN act entitled "Anl
Act Concerning Taxation approved
'Isrch 20. 1881 (Acis 1881. pages gill
.6; X. ;. 1851. section 6.374) referring
0 the Assessor, provides within ten
ays alter his election he shall give
ond,r etc.
Thereafter, another statute was enact
d. entitled IAN act c0ncering electionsl
nd the contest thereof approvedI
Aprii 81, 1851 (Acts 1881, page 4S2: r. /
!. 1851. sections 4,7s5, z.7se. ASH |!
'hich provides Tor the election Of A..
essors, and the delivery Of certificates
{ election, and II modifies the foregoing
'atute b. providing ''Such certificates
hall entitlc the holder 10 qualify and
nter upon the discharge OF the duties
the nfIice 10 which he is elected at the !.
xpiration Of ten days from the day oil.
lch election II
An Assessors term Of Office does notIs
,mmence until the expiration Of ten !,
sys from the day Of such election. III,
'e Assessor elected has resided in the !
'wnship fifty-three days prior to the |.
" OF election. superadding the ten !
lys eIapsing after the election and be-
re the term Of Office begins, he &C
hires the necessary residence OF sixty :
lys, and he becomes IN elector before :,
q commencement OF his term OF Office, ].
ID be can lawfully qualify aud hold the !.
lice Of Assessor. Respectfully, Il
Francis +. HoRD,
Attorney General.