The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-08-24
A QUALIFIED VOTER.
Legal Opinion on What Is Re
CURED of Him.
MUST REGISTER FOR PRIMARIES.
Corporaffoa Counsel scots Expounds
the Law ON . Qaessson Which
AgItates Repa blieAnh


legal qualifications for voters ~ the Re
publican primaries, City Clerk Stewart
yesterday obt2ined from Corporation
Counsel Scott an opinion On the sublsct.
in shIch he says:
"Y0n will understand that an opinion
from this Office upon the question pro-
pounded does not come strictly within the
line OF my official duty. hence do not
pretend 20 say that any voter would DC
bound 20 follow the advice 50 given. nor
would an opinion from me be binding
upon the judges of the election; yet
where Tie political party prescriees the
qualifications OF voters at primaries oy
resolution under section 410 of lst Hili's
Code, IL seems TO me that the right 10 vote
az 9 primary election includes the qualih-
cations necessary 81 3 general election. IN
addition 10 those which may be prescribed
BIZ the central committee. subdivision D
OF section 40 reads: The qualifications
required for voters. IN addition TO those
prescribed by Law The qualifications re-
CURED oy law for voters may be found IN
section / Of article Of the constitution
OF this state:
..'AI male persons OF the age of twenty one
years or over, possessing the following Qualld-
cations snall Be entitled 10 vote at 81 elections
They shall be citizens OF the United States;
they shall have lived in the state one year, aud
IN the county uinety days, and In the city,
f0HLs ward pfec IN CT thirty days Immediately
preceding the election az which they offer 70
vote. provided, thai Indians not taxed shall
never be allowed the elective franchise: rrovi-
ded further, that sll male persons who at the
time OF tue adoption Of this constitution
Gusithed electors o. the territory shall be
electors
Section OF said article OF the consitu-
ton authorizes the legislature 10 enact q
registration law and 10 require q com
pliance with such law before any voter
III l. IA - -
OF this state has enacted registration
law, being the act of March ~, 1890, found
on page LAG. LIST Hills Code. Sec. 4J9 lst
Hills Code provides:
.sSo person shall Do entitled 70 vote AZ any
election iE any such city, town or precinct who
is not registered according 10 the provisions of
this act The registration shall not be couclu-
siye evidence OF the right Of any registered per-
son TO vote. but said person may b. challenged
and required 10 establish his right 81 the polls
ia The manner as may Be required BY law. And
every person, when ofsring his vote, shall, IL
challenged, hand his registration certificate TO
one OF the judges OF election, who shall receive
and he the same, and al the close OF said cleo
ton deliver said certificate as part of the cleo
ton returns TO such city. town, county or state
officer as by law provided.
at will thus be seen that to entitle any
one 10 vote at an election registration is a
necessary qualification or prerequisite.
The primary election law was enacted at
the same session of the legislature, and
may be found on page 152, lst Hills Code.
/ have quoted subdivisions of section 40
of said act, In which the legislature de-
clares that the central committee may pre-
scribe the qualifications in addition TO
those required by Law.
Section 473, LIST Hills Code, prescribes
the duties of judges of the primary cleo
ton. when vote may be rejected and the
penalties for the violation of said act. Said
section provides that the Judges may en-
terrain objections made by any qualified
voter under said published call or notice
TO any vote which may be offered on the
ground that the person offering to vote is
not entitled TO vote under the terms of
said call for said election, or that he is not
citizen Of the United States, or a
legal resident and voter under the general
election laws of the state in the election
precinct, ward, township, OF district for
which the election Is held, etc, and il
shall be the duty of the judges, If the
objection be not withdrawn, to administer
10 the person so offering to vote an oath or
Affirmation that he Will truly testify TO all
matters relating to his qualifications un-
der said published call or notice and under
the general election laws of the state, and
If the personso5iected to shall refuse to
answer the questions asked. the judges
shall reject the vote, and they shall also
reject such vote unless such person shall
file with them a written or printed, or
partly written or printed statement that
he IS a qualified voter of the election pre-
cinet in which said election is held, and
entitled to vote at such election.
"A qualified voter by express provision
OF the statute means, in addition To all
other requirements, that he shall be regis
tered according 10 Law. To be entitled 10
vote at the election these requirements
must be met By the voter, and a failure to
do so renders him disqualified To exercise
the right OF suffrage. | do not think this
q mere regulation, but, IN my judgment, a
compliance with the requirement. of this
Law Is Just as essential TO the qualification
OF voter as that he Is a citizen of the
United States and has resided within the
election precinct for the time fixed by the
constitution. II the statute requires that
the person challenged shall show that he
is a qualified voter before he would be en-
titled 10 vote. then. in order to ascertain
what qualified voter is, recourse must
be had 10 the statute and the constitution
Ii the judges OF these primary elections
may dispense with one qualification which
is prescribed By law, they may dispense
with ali other Qualifications That law
was enacted 10 prevent fraud at primary
elections, and for the sake of good govern
ment IL is essential that primary elections
should only be conducted by men who are
entitled TO vote for the parties nominated
at the conventions
my attention has been called TO the
case of Seymour vs.. Tacoma, Washing
ton. page Isl. in which the court holds in
an election ordered in Tacoma 10 author
ixe the city 10 purchase waterworks and
light plants, that there is no state law re-
Quirsng registration Of voters a. elections
10 decide upon propositions for purchas-
ing waterworks and light plants, and
bonding the city 10 pay therefor The
court SAYS, on page Isl: Section 467 (lst
Hills Jodel declares that the provisions
OF the law shall Apply 70 al elections for
municipal and other officers; bat We fail
10 ind any application OF II to elections
OF THIS kind II Wiil &c seen from an ex-
animation Of that case that IL was not
an election for the election of officers, but
one providing Tor the purchasing by the
city OF an existing plant of
light aud water company; while the
statute for registration of voters
expressly declares that the act requiring
registration Of voters shall apply so al
elections FOR naiiona city. congressional,
district, county or municipal officers, and
does not provide thai the act shall be ap-
p4Icahse 10 aa election 10 vote bonds. or
for any other purpose except that for the
election 81 officers. and the primary cleo
ton lAg. a. have stated herein. expressly
provides that She voter al sGeh primary
election Is qualified voter Of she election
district in which such election - held,
and entitled 10 vote az saeh election"