The record-union., 1891-04-21

Section l. AT any special election to
be held in any county copies of
the Great Register of such county =
which were printed before, and used at
the next preceding general election shall
be used.
Section 2. Before the day on which
said special election is appointed to be
held, the Board of Supervisors of the
county, = q must furnish the Board
Of Election of each precinct in the county
at least one copy OF the aforesaid printed
Great Register. u 8 IL If the Board
number of copies of the register for the
purpose, it must take the copies filed in
the office of the County Clerk, in pursu-
ance of Section 1868 of the Political
Code.
Section g. If the copy of the register
which shall be furnished to any precinct
shall have been used at previous cleo
ton, the letter 'v' may be used instead OF
the word voted as required by Section
122S of the Political Code.
''Section4. ltshall not be the duty of the
Board of Election TO post copies of the
Great Register, as required by Section
1l49 of the Political Code"
Forthe purposes ofthe election provided
for in Glenn County on the first Tuesday
in May, 1891, the election must be called
special election, and the Board of
must furnish copies of the Great Register
of Colusa County (as Colusa County ex-
listed before the passage of the Act Great
ing Glenn County,, used at the last gen
eral election, covering the territory of
and sufficient in number for each pre-
cinct Of Glenn County; but in using this
register no person enrolled thereon can
vote at the election to be held the first
Tuesday in May, in Glenn County, un-
less he is a qualified elector Of Glenn
County.
Section 1927 of the Political Code pro-
vides that If the name Of the party pre-
Senting the ballot is found on the register
in use at the precinct (the Great Register
OF the county, where the vote is offered,
and the vote is not rejected upon chal-
lenge taken, the inspector, or Judge act
ing as SUCH must, in the presence of the
Board of Election, place the ballot, with
out opening or examining the same, in
the ballot box, G3td no person shalt be
uiL01Ged TO cote WtOSc 2lU7;le IS not on said
register in atSe at the precinct.
Sections 1880, 1871, 1872, 1888, 1894, 1885
and 1896 of the Political Code provide and
specify the grounds upon which a voter
may be challenged.
Section 1877 of the same code provides
how a challenge on certain grounds is to
be tried and disposed Of.
Section 1898 of the same code provides
that if the person challenged refuses to
take the oath rendered he is not to be
allowed to vote.
Section 1899 of the Political Code laws
down the rules for determining the ques-
ton of residence; however, that section as
it now exists was passed and approved
March 80, 1874, and has not been amended
since the adoption of the new COnstitu-
ton. The third subdivision of said Sec
ton is as follows: "a person must not
be held, by reason of having moved from
one precinct to another, in the same
county, within thirty days prior to the
election, to have lost his residence in the
precinct so moved from, provided he was
an elector therein on the thirtieth day
prior to such election"
AThis provision is unconstitutional and
void, the same being modified and re-
pealed by the provisions OF Section /,
Article H., of the new Constitution, and
by Section 1888 of the Political Code,
which was amended and took effect April
10, 1880. The old Constitution of Califor-
MIA did not require any length Of resi-
dence IN voting precinct as prereGui-
site OF the right to vote; but the new Con-
Stitution changed this rule entirely and
the third subdivision Of Section 1899
ceased to be a law in this State upon the
adoption Of our present Constitution.
This matter was fully disposed of by
sell VS.. Mcdowell, SO Cal. 20 (see opinion
PIP. sod, in which opinion, after quoting
the third subdivision Of Section 1893 OF the
Political Code, as aforesaid, he says: at
is to be observed, however, with respect
to this provision of the Political Code,
that it was adopted while the old Consti-
tuition was in force, and though perfectly
valid at the time of its adoption-the old
Constitution not equiring any length OF
residence in a voting precinct as pre-
requisite of the right to vote (Const 1863.
Art. 2, Sec. lit has ceased to be law
since the adoption of the new Constitu-
ton, with which it is in direct conflict.
BY the new Constitution art 2, Sec. u,
residence in his election precinct for
thirty days preceding the election is just
as essential condition of the right to
vote as is residence in the county OF
ninety days, and in the State for one
year"
My conclusions are as follows:
/. No person can vote at the election to
be held in Glenn County on the first
Tuesday in May, 1891, unless he be a
qualified elector of Glenn County; and in
order 10 be such the following conditions
must exist: (a) He must have been q
citizen of the United States for at least
ninety days prior to the day of election.
lb) He must be a male citizen at least
q years of age. (c1 He must have been
q resident of the State at least one wear
next preceding the day of election. Id
He must have been a bona fide and actual
resident of Glenn County, residing with
in the exterior limits Of that county. for
at least ninety days next preceding the
election. (e) He must have been a
bona fide resident in the election precinct
in which he votes for thirty days next
preceding the day Of election. IL His
name must be enrolled on the Great Reg
lister of Colusa County. Should any OF
these conditions be wanting he is not
entitled TO vote.
2. The election to be held in Glenn
County on the first Tuesday in May, 1891,
will under the law be termed special
election, and for the purposes of said
election the Great Register of Colusa
County used at the last general election
must be used for determining who shall
vote at the election to be held in Glenn
County.
3. Any person having each of the
qualifications mentioned in the first
hereof will be entitled to vote at said
election, even though not registered at
the last general election, provided his
name has been properly enrolled on said
register since that time, and provided he
has been registered more than thirty DAYS
prior to the day of election.
4. 1t IS the duty of the Board of Super
NisofS or clerk OF ColuSa county TO fur
nish sufficient copies of the Great Regis
ter of Colusa County {as Colusa County
existed before the passage of the Act
creating Glenn County,, used at the last
general election, to supply each precinct
of Glenn County with copy for the
election TO be held on the first Tuesday in
May.
5. 1t is not necessary for the Board OF
Election of each precinct in Glenn Coun-
ty to post copies of the Great Register, as
required by Section ll49 of the Political
Code.
6. The Board Of Supervisors of Colusa
County should print a supplement to the
Great Register containing the names OF
nnrSnns rnnistered since the last cnnaral