Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-10-22
ABLE BODIED VOTERS"
Solicitor Generals Response to the
Governors Query-0ld and
Infrm Persons.

In response to an inquiry by the gov
ernor the solicitor general of the territory
writes as follows regarding certain fea-
tures of the election law:
DEAR SIR: Your favor of this date ask
ing my official opinion as to whether per-
sons old and infrm so as not to be "able
bodied persons" would have right to
vote without the payment of the poll-tax
required by law to be levied on "all able
bodied male persons over the age of 21
years. has had my earnest attention in
| view of the great Importance of the ques-
tion raised, and in reply would say that
the organic act of the territory gives to
the Legislature the right to prescribe the
qualifications of electors with certain re-
strictions upon the Legislature enumer-
ated as follows:
First, The right of suffrage and Of hold
ing office shall be exercised only by citi-
zens Of the United States above the are
of y years, and by those above that age
who have declared on oath before a
competent court of record their intention
to became such, and have taken an oath
to support the constitution and govern
ment of the Unitod States.
Second There shall be no denial of the
elective franchise or of holding Office to
any citizen on account of race, color or
previous condition Of servitude.
Third, No person in the army or navy
or attached to any troops in the service
Of the United States shall be allowed to
vote ii any territory, etc.
The general qualifications for voters
are found in the compiled Laws, section
12l4,' and are as follows: He shall be
citizen of the United States of the age 2l
years; shall have resided in the territory
six months, in the county three months
and in tue precinct thirty days imme-
diately preceding the election.
Section llS7, Compiled Laws, expressly
prohibits Pueblo Indians from voting,
except for oveerers OF bitches.
Section ll8l expressly prohibits all
persons sentenced for perjury, forgery,
incendiarism, coming false money. rape
or larceny from any right to vote or to
hold any Office.
In addition to the exclusions and duali-
fcations enumerated above. the legisla-
ture of 1891, chapter %, section 36, pro-
vided that poll tax of 81 should be le-
We'd upon all able-bodied male persons
over the age of 2l years for school pur-
poses 1t provides that the county as
SCISSOR shall make out separate list of all
persons liable to pay poll tax and certify
the same to the clerks of the several
school districts whose duty it shall be to
collect the same, and, Unnecessary. TO bring
suit in the name of the district if not paid
within sixty days after the lists have been
received. The same section provides that |
it shall be illegal for any person to vote |
in any election who has not paid his poll |
tax for the current year, and said pay
nent must be made, in case Of general |
election, one day previous to such election |
day, This latter section was amended by |
chapter II of the same legislative pro-
ceedings at section 1, which is as follows:
That it shall be illegal for any person to
vote or attempt to vote at any election
who has not paid his poll tax for the cur
rent year. and said payment must be J
made in case of a general election at least !
sixty days previous to such election day.
In addition to these qualifications tho
voter must he registered, and unless he ia
having all the other qualifca-
tons he can not vote (Sections 1919,
1920 1929 Compiled Laws.
Section l2l4 makes ii the duty of the
board of registration to inquire into, as
certain and make record of the names
of ell persons legally qualified to vote
under the election laws of this territory,
and by chapter 1876, Laws of 1889, section
3, it is made unlawful for any person who
is not qualified elector to register or
offer to register as a voter.
The poll tax can only be levied upon an
nble-bodied male person over the age of
81 years. The levy is made by the coun-
ty assessor putting the names of such