The record-union., 1891-04-21
GLENN COUNTY.
Who Shall be Entitled to Vote at the
Coming EleCtion2
Attorney-Genera1 Hart Renders an
Opinion as to the Qualifications
of Electors Thereat.

70 call an election to determine whether
or not the proposed County ofGlenn shall
be formed addressed a communication to
Attorney-General Hart, requesting his
opinion as to the qualifications of persons
entitled to vote at the election. In re-
sponse thereto General Hart yesterday
addressed to the Commissioners the fol-
lowing opinion:
Board Of Commissioners Of Glenn
County, WiILO3US, Cat.-(IENTLEMEN At
your request / have examined the Act
passed at the last session of the Legisla-
ture, approved March IL, 1891, creating
the County of Glenn; and in reference
thereto will state:
Section of the Act referred to definite
iy fixes the boundaries of said Glenn
County.
Section of said Act fixes the day for
the election, and declares that lat said
election there shall be submitted to the
qualified electors of said County of Glenn.
as hereinafter described, the question
whether they desirea separate county gov
ernment; = - y said election shall be con-
Quoted in every respect, eXceptas herein
Gfter otherwise provided, in accordance
with the general law for the election Of
county and township officers"
Section of said Act provides that the
Board of Commissioners appointed under
the town of Willows two weeks before
the day of election, and at said meeting
they shall designate the precincts of the
(Glenn) county, the house orplace within
the precincts where the election must be
held, and the offices to be filled, and ap-
point two inspectors, two judges of cleo
tiOn, and two clerks for each OF said pre-
cincts.
Section provides that "after designat-
ing the precincts of the county, and APP
pointing the election officers, they shall
give notice, etc. and THAT at said election
there will be submitted TO the qualified
voters within the said County of Glenn the
question of the final establishment of the
said county"
In order to determine the questions sub
mitted to me by you, it becomes neces-
sary to ascertain when ColuSa County had
or made its last Great Register. l am in
formed that at the last general election
the Board of Supervisors of ColuSa
County ordered a re-registration of the
voters, and l take this to be the fact.
Section 1904 of the Political Code, as
amended and approved March 20, 1889,
reads as follows: Section 1904. A regis
Eer, in which shall be entered the names
of the qualified electors of each of the
counties in the State, shall be kept at the
office of the County Clerk of such county,
and in each of the cities and counties Of
the State such register shall be kept in
=
registration of voters in such city or
county. There shall be in each Of the
counties and cities and counties III the
State when required by the Board of
Supervisors a new and complete regis
tration Of the voters of such counties and
cities and counties, who are entitled
sthereto, and who apply with the proper
proof Such registration shall commence
one hundred days before a general cleo
s4ion, and shall continue for eighty-tive
days thence next ensuing, when such
-registration shall cease; provided, that
Rnothing in this section shall be held to re-
= peal any election or registration law APP
plicable TO or in force in the City and
County of San Francisco"
Z By the provisions of this section, in
making up the Great Register of Colusa
County for the last election, re-registra-
fion commenced one hundred days before
the last general election and continued
for eighty-tive days thence next ensuing,
terminating on the Goth day of October,
1880
Section l, Article XII, of the new Con-
stitution of the State of California, pro-
Tides: Section /. Every native male citi-
gen of the United States, every male per-
son who shall have acquired the rights of
citizenship under or by virtue of the
treaty of Queretaro, and every male nat
uralized citizen thereof, who shall have
become such ninety days prior to any
election, of the age of Il years, who shall
have been resident of the State one wear
next preceding the election, and of the
county in which he claims his vote ninety
days, and in the election precinct thirty
days, shall be entitled TO vote at all cleo
tions which are now or may hereafter be
authorized by law; provided, no native of
China no idiot, insane person, or person
convicted of any infamous crime, and no
person hereafter convicted of the en-
beZZlement Or misappropriatiOn of pub
lie money, shall ever exercise the privi-
leges of an elector in this State"
By this section of said Article, in addi-
ton to citizenship, five things must exist
in order to qualify person to vote, viz:
l. That citizenship must exist ninety
DAYS prior TO election.
2. He must be a male citizen of the age
of twenty-One years.
8. He must have been a resident of the
State one year next preceding an election
(. He must have been a resident of the
county in which he claims his vote for
ninety days.
5. He must have been a resident in the
election precinct in which he votes thirty
days next preceding the election.
Section II of the Act creating Glenn
County provides that said Act shall take
effect and be in force from and after its
passage. On account of this provision
and from the language of said Act there
can be no doubt that since the llth day
of March, 1891, Glenn County has been a
county. under the laws of the State of
California, without reference to vote to
be had thereon, for the following pur-
poses: For fixing the boundaries of said
county; for fixing the seat of Justice of
said county; creating a Board of Com
Gnissioners; nominating county officers /;
fixing the election precincts Of said
county, and the polling place in each
precinct; for the appointment of In
spectors, Judges of Election and Clerks
Tor each precinct; fixing the election for
the first Tuesday in May, 1891 for can
vassing the votes east at said election !;
AXing the class to which Glenn County
belongs fixing the terms of the officers
TO be elected at said election, and es-
pecially for the purposes of an election as
provided in said Act, and everything
necessary to constitute a county, with the
exception that it is to be ratified by a
majority of the qualified electors living
within Glenn County. In order for a
person TO vote at said election he must be
qualified elector of Glenn, mot Colusa,
County.
There is no provision in the Constitu-
zion requiring a voter to be registered !;
but all power is reserved to the people
which Is not limited by the provisions of
the constitution. 4 voter must have the
qualifications provided for in the Consti-
tutlon, and such other qualifications as the
Legislature atay reqtttre. On April l6,
1881, the Legislature, in order to make
the law or statutes of California conform
10 the provisions of the new Constitutions
and 10 provide for the registration of
voters, amended Section 1888 of the Po-
litical Code, to read as follows:
''Section 1888. Every native male citizen
oftheU nlted States, every male person who
shall have acquired the right of citizenship
under or by virtue of the treaty of Quere-
&aro, and every male naturalized citizen
@tEF, faEaFi