The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-30
THOSE WHO CAN VOTE
Important Opinion by the
Corporation Counsel.
ANSWERS TO FIVE QUESTIONS.
The Qualifications OF Electors in State,
County and Municipal Elections
Points in Naturalization.

Judge Orange Jacobs, the corporation
counsel, has prepared for H. w. Miller,
the city clerk, an elaborate opinion in an
sWer TO the questions:
What are the qualifications of an siector in
the state of Washington?
HOW Long does the person have to reside in
the state, county or city before he can vote?
Is il prior to April l. 1sss, that a person can
register and vote on his first papers, or later
or earlier date?
Il person comes 70 this country before he
gains his majority and has not taken out his
papers OF naturalization, can he vote?
II a person is born in this country OF parents
not American citizens, and gain his majority
In this country, is be entitled to vote?
The opinion is as follows:
Yours of December 3, 1891, is before me, and
In answer | give your inquiries aud my answer
to the same
First-Iou ask what are the qualifications Of
an elector of the state OF Washington.
second-You ask how long does person have
TO reside in the state, county or city before he
can vote.
answer these two question. in the language
OF section of article VI. of the state constitu-
tioa:
"Au male persons of the age OF q years or
over, possessing the following qualifications,
shall be entitled TO vote at all elections: They
shall be citizens OF the United States they shall
have lived in the state one year, and in the
county ninety days and in the city, town, ward
or precinct thirty days Immediately preceding
the election at which they offer to vote; pro-
viced, that Indians not taxed shall never be
allowed the elective franchise; provided, fur
Their, that all male persons who, at the time OF
the adoption of the constitution are qualified
electors of the territory shall be electors"
Third-You ask is It prior to April /, A. D.
1859, that person can register and vote on his
first papers, OF a later or earlier date?
In answer to this question, I remark, first, I
am a little at loss to know where you got the
dates mentioned in your question; second. the
state constitution was adopted by q convention
at olympia, August p, A D. 1889; third, it was
ratified by vote OF the people October /, A. D.
1859. II went into effect under the proclama-
ton of the president, and by virtue of section
10 OF article XVII, on the Ilth day OF Novem-
Der, A. %. 1859.
Now, by referring to the last proviso quoted
above, in section of article VI. OF the constitu-
ton, you Will see that all male persons, who at
the time OF the adoption of this constitution
were qualified electors, remained qualified cleo
tors under the constitution, although they had
not fully completed their naturalization papers,
or, in other words, had not taken out their last
papers or final papers.
There may be some very difficult questions
arise in the case of person who declared his in
tention to become a citizen of the United States
between the adoption of the constitution by the
convention, to-wit: August p and the time
that its provisions went into effect, under and
by virtue of the proclamation of the president
of the United States, to-wit: November IL, A.
ID. 1889, but do not deem ii advisable to dis
cuss or determine any such case in advance.
Tho question is a difficult and doubtful one
and II IL should actually arise il ought to be
thoroughly examined upon the authorities.
Your fourth question is: II a person comes to
this country before he gains his majority, and
has not taken out his papers of naturalization,
can he vote?
answer yes, provided his parents, or rather
his father has been naturalized, for the laws of
the United States provide that the children Of
persons who have been duly nsturalized under
any law of the United States, being under the
age of II years at the time Of the naturalization
of their parents, shall, If dwelling in the United
States, be considered a citizen thereof, and the
laws Of the United states further provide that
the children OF persons who now are or have
been citizens of the United States shall, thou Oh
born out of the limits and jurisdiction of the
United States, be considered as citizens thereof.
secondly-If the parents OF such children, born
out OF the limits ana Jurisdiction OF the United
States, were not naturalZed at all or during the
minority OF the children, then such children
must De nsturalIzed but the law provides that
they can take out their first and last and final
papers az the same time.
liza person claims that his parents were nat
uralized during his minority, he ought, as sat
isfaetory proof of that fact, have a certified copy
of his parents naturalization papers this will
be conclusive proof that he was a citizen and
entitled to vote.
The above answer is q sufficient answer to
your fifth question.
Your sixth question is: II person Is born in
this country OF parents not American citizens,
and gain his majority in this country, Is he en-
titled to vote,
answer yes, provided his parents were not
ministers or counsels OF q foreign government,
for article XIV of the constitution OF the United
States provides that all persons born or natural
lied in the United States, and subject TO the
jurisdiction thereof. are citizens OF the United
States and the state wherein they reside
Registration of Voters.