Sacramento daily record-union., 1888-09-27
REGENERATION.
An Opinion by Attorney-General George
A. johnson,


A. johnson.
County Clerk Hamilton is anxious that
every voter shall have ample opportunity
to get registered, and in order to accommo-
date those who find it difficult to attend to
that duty in the daytime has concluded TO
keep his Office open every evening from
to 8 P. NJ. up to and including Monday
evening, October 1st, at which time regis
tration will close. There are still great
many persons entitled to vote who have
not put their names on the new Great
Register and will be disfranchised if they
do not do so before the time mentioned.
Every voter should remember that the fact
that he was on the old Great Register does
not entitle him to vote at the coming cleo
ton. He must appear pc -sonally and have
his name placed on the new register, giving
his present place of residence. Those who
| hsve changed their residence since their
names were placed on the new register
should call at the County Clerks Office and
give their new address.
As there has been some public discussion
as to when registration should close, County
Clerk Hamilton asked the Attorney. General
for his opinion and received the following
reply:
OFFICE OF THE ATToRNEY-GENEEAL
STATE OF CALIFORNIA,
SAcAANENTo, September &c, 1SSS
". T.. Hamilton, Esq, Clerk d Sacramento
CO1rdy-DEAR SIR: In answer to your verbal in
qury as to what is the last day ior registration
| tor the approaching general election, have to
say that Whatever may have been the reason of
the difference or whether or not it is without
| reason, yet the law does make difference be-
| tween a Presidential election and other general
elections as to the last day for registration The
I law being clear. there is no occasion for gpecu-
( Ia
! this difference are the great Importance of a
Presidential election, and the fact that it comes
on certain day throughout the Union as pre-
| scIibed by law OF Congress, whereas there
| are general elections in the States which may
come on that day, or some other day, as
1 the laws of the several States may pre-
| scribe. II must be remembered also that
! our law in respect to a Presidential election,
| which makes the last day for registration the
| first Monday in October, does not disfranchise
| any one by reason OF the fact OF there being
! more than thirty days between the first Monday
OF october and the day of the Presidential cleo
| ton, this year the 9th of November, because
| under the law q person may have his name en-
tered by the Clerk upon the Great Register by
his making an affidavit that he is or would be
an elector OF the county at the next succeeding
election (Sec, 1887 Sub. 6, Pol. Code.
The Constitution says that as to an elector, he
must have been a resident of the State one year
next preceding the election, and of the county
in which he claims to vote ninety days and in
| the election precinct thirty days. When there
| is a Great Register his name must be enrolled
thereon. The law does not, however, in so
many words say what is the last day for regis
tratiOn, but we arrive at that conclusion ffom
| what it does say. It says; 'On the first Mon
day of October in each year in which there
should be genela or Presidential election, and
on the thirtieth day prior TO each general
| election held every two years thereafter, each
| County Clerk must make copy of the uncan-
| celled entries existing on the Great Register of
their respective eouuties." 1t may be claimed
that the register must be complete before the
Clerk commences his copy, and that therefore,
this year the last day is the 29th of September.
But that can hardly be the intention, for on the
thirtieth day prior to any other general elec-
ton than Presidential one he is 10 commence
his copy. But under the Constitution, if per-
son has all the prerequisites of an elector on
the thlTtieth day prior TO any election he is en-
titled to vote. Therefore he has all of the
thiTtieth day to register. Why, therefore, should
he not have all of the first Monday of October
in which TO register? l conclude that he has,
and this reason is supplemented by another
| that the law should be construed literally in
respect to the right of suffrage, which is the
main pillar of our free institutions.
Very truly yours,
G. A JOHNSON, Atorney-General