The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-09-14
A Question as to Who Can Vote
for Presidential Electors
Settled.
The Franchise Qualifications Are
Left Entirely With the Sew
eral States.
In Montana It Is Extended to Those who
Have Declared Intention of Decom-
ing Citizens.

aa TO whether those who were not full citi-
zsns of the United States, but had merely
declared their intention Of becoming such
prior to the adoption OF the constitution of
Montana, would have the right to vote for
electors for president and vice. pr resident on
Nov. 8. It was held in some places that
none but native born or naturnlized citi-
zsns would have the right to vote for presi-
Dental electors. and that those who had de-
clared their intention OF becoming citizens
would be restricted to voting for state and
county officers. Such a construction, il will
be readily seen would leave but two courses
open TO judges Of election; one, to have
separate ballots for those who had declared
their intention of becoming citizens, from
which ballots would Ds omitted the names
Of presidential electors; the other. to give
all the same ballots, and then in
spect those OF 'dsolaratory citizens'' to
see that they had not voted
for presidential electors. a course not oon-
templated by the Australian ballot law.
But there nesd be no question about the
matter; all who have right to vote for
state officers have the same right to vote
for presidential electors. This includes
native born and naturalized citizens and
fore the adoption of the state constitution,
of becoming c,tizens. Attorney General
Haskell says the question has not been
officially brought to his attention as yet,
but in order to head off any possible in
quiries about it, hunted up the law yester-
day. and declared that the United States
does not prescribe any particular qualifca-
tions for vote 8, but leaves that to the sew
e1al states. Such being the case, the quail
an nf in Montana
scribed by tbs laws of this state, and the
particular section 1O07l bearing on the
snbiect, found in the Compiled Statutes of
1887 says:
"All male citizens of the United States
| above the age OF Il years, and all male per-
| sons of the same age who shall have de-
clared their intention of becoming citizens.
and who, under existing lava of the United
States may ultimately become citizens
thet eof. shall be deemed electors of this
territory, ana be entitled TO vote for dele
gate to congress, and for territorial. dis
trics, county and precinct officers: Pro-
vided, They shall have resided in the terri
tory six months, and in the county where
they may offer to vote, thirty days next pre-
cedinR the day Of election"
The constitution of the state, article TX,
section 2 says Of tho qualification Of voters:
! every male person OF the age of II
years or over. possessing the following
| qualifications, shall be entitled TO vote NJ
| al all VGu0Idl Sl6CtlOHb kuu 1OE All OIuC6T9
| that now are, or hereafter NAV be. elective
by the people. and upon all questions which
| may be submitted to the vote of the people:
| First-He shall be "a citizen of the United
States. Seeond-He shall have resided in
| this state one year Immediately preceding
the election at which he offers to vote, and
in the town, county or precinct such time
as may be prescribed by law: Provieed,
| first, That no person convicted of felony
shall have the right to vote unless he has
been pardoned: Provided, second, That
nothing herein contained shall be construed
to deprive any person of the right to vote
who has such right at the time of the adop-
tion OF this constitution: Provided, That
after the expiration of five years from the
time of the adoption of this constitution,
no person except citizens of the United
States shall have the right to vote.'
The provision that nothing herein
contained shall be construed to deprive
any person of the right to vote who had
such right at the time of the adoption OF
this constitution" of course embraces
becoming citizens, among the people en-
titled to vote at the coming election, even
if such were not inferred by the additional
proviso that none but citizens should vote
after five years from the adoption Of the
constitution.
That the constitution and the laws of the
United states left the qualification of
voters to be regulated by the several states
has bsen decided in numerous cases. One
of the most celebrated was that of Minor
". happersett, in which the supreme court
of the United States decided that "the con-
stitution of the unired States has not con-
ferred the right of suffrage upon any one.
and that the United States has no voters Of
its own creation in the states. The right 10
vote in the states comes from the stRtea.''
The case referred to above was that of
Mrs. Virginia Minor. native born, free,
white citizen OF the United States and Of
Missouri, over the age OF Il, who wished to
vote fox electors for president and vice
PRESIDENT OF tho United states and for ~, a
representative in congress and other ofh-
GERS. in 1872. She applied to ono Happet-
sett, the registrar of votes, to register her
as n lawful voter. which he refused to 40,
assigning for cause that she was not II
male citizen of the United States" but a
woman. The supreme court, referring to
the fact that the right of saff rage under the
laws Of Missouri is confined TO men, saya:
"Ihe direct question is therefore presented
; whether all citizens are necessarily voters.
The constitution of the United States doea
not define I'll, privileges and immunitles OF
citizens. For that definition we must
look elsewhere. In this case We need not
y dote mime what they are but only whether
suffrage is necessarily one of them. 1t
certainly is nowhere made SO in express
= terms. The United States has no voters in
; the states, of its own creation. The cleo
tive officers of the United States are all
elected directly or indirectly by state
voters. 1t is clear that the constitution has
t not added the right OF suffrage to the privi-
D leges and immunitiss of citizenship rs they
existed at the time it was adopted" 1--WE
tind," continues she opinion, referring to
the time OF the adoption Of the constitu-
tion, 'that in no state were all citizens
, permitted to vote. Each state determined
for itself who should have that power" II
then points out that in New Hampshire
paupers and persons excused from paying
3 taxes at their own request were not allowed
to vote; in Massachusetts the riQht OF
, suffrage WAS confined to males of II years
.. .. or over who had Il freehold estate OF the
annual income of three pounds, or any sa-
o tatS valued at sixty pounds. Connections.
Il New York and New Jersey had property
r qualification and PENNSYLVANIA required
:, voters to be taxpayers, while other states
\ required similar or somewhat similar quail
itications. The opinion i'll conclusion says
o that the court IL 'unaniniously of The opin-
= ion that the constitution of the United
d Statea does not confer Loo right OF sntfrage
upon any one. and thRs' the constitutions
v and laws of the several states which commit
i that trust to men alone are not necessarily
= void" This. as will he seen, leaves TO esoh
state the right to prescribe who shall bs
voters within its bouudarie&