The record-union., 1895-09-24
REGISTERS AT TEE CITY ELECTION.
Corporation Counsel DavIin Says They
Are Necessary.
He Renders an Opinion on the sub
ject to the City Board
OF Trustees.

at the City Trustees session last night
the following communication was re-
ceived from Corporation Counsel r. T..
Devlin:
To the honorable, the Board Of Trustees
-GENTLEMEN: In response 10 your ques-
tion as to whether or nOt IT IS necessary
to have supplementary registers printed
on which shall be placed the names OF
new voters, and those who have changed
their residences since the publication OF
The last register. | have to say:
Section 20l OF the charter provides that
all general and special municipal eiec-
tions shall in all respects, as nearly as
may be, be held and conducted IN accord
ance with the provisions of the laws of
this State for the holding Of general elec-
tions in effect at the time, and the Board
of Trustees shall mako all the necessary
arrangements for holding said elections
III accordance Herewith.
Section l02 prescri Des that the Qualific2-
tions Of an elector at any election held in
the city in pursuance OF the charter shall
he the same as those prescribed by the
laws OF this State for electors at any gem
eraI election in force at the time OF such
election.
Section 203 of the charter makes it the
duty of the County Clerk to furnish
copies OF the Great Register to the Board
of Trustees in sufficient number when
ever required, and also when required
for the purpose OF general or special
municipal election to furnish to the Board
OF Trustees supplemental list OF all
voters who have registered since the time
of the last printed Great Register.
The qualifications OF voters, as pre-
scribed by Section 1888 of the Political
Code, as amended in 1913, are as follows ::
Every male citizen OF the United
States, every male person VINO shall have
acquired the right OF citizenship under or
by virtue OF the Treaty OF tlueretaro, and
every male naturalized citizen thereof,
who shall have become such ninety days
prior 10 any election, OF the age OF Il
years, who shall have been resident OF
the State one year next preceding the
election, and of the county in which he
claims his vote ninety days, and in the
election precinct thirty days, and whose
name shall be enrolled on the Great
Register of such county fifteen days
prior to an election, shall be qualified
eiector at any and all elections held
within the county, city and county, city,
town or district within which such elector
resides"
In the case of Russell VS.. Mcdowell, SO
Cal, page 50, Chief Justice Beatty, In de-
livering the opinion OF the court, and re-
ferring to Section 1879 OF the Political
i ~
should not lose his residence by reason
of having moved from one precinct 20
another within the same county, and
within thirty days prior TO the election
says:
1T is to be observed, however, with re-
spect TO this provision OF the Political
Code, that it was adopted while the old
Constitution was in force, and though
perfectly valid at the time OF its adop-
tlon--the old Constitution not requiring
any length of residence in a voting pre-
cinct as q prerequisite of the right to
vote (Conet., 1863, Art. 2, Sec. II, it has
| ceased to be law since the adoption Of the
new Constitution, with which it is in di-
rect con ilict. By the new Constitution
Cart. =, Sec. l. residence in his election
precinct for thirty days preceding the
election is just as essential a condition OF
the right to vote as is residence in the
county for ninety days, and in the state
for one year."
From the above it is plain that per-
son TO be entitled TO vote should have his
name upon the Great Register at least
fifteen days before the election. When
he has moved from one precinct to an
other his name should be placed upon the
supplement-, and the entry upon the
original register should be Cancelled, or
marked in some way so as TO show The
transfer and prevent his name appearing
twice.
L would, therefore, advise your board
to have supplemental registers made
showing all new registrations and trans
iers from one precinct TO another, and to
have the names upon the old register
where transfers have been made marked
so as to show this fact.
This matter is highly important. It
will take considerable work III the Clerk s.
Office TO do it; time is short, and it should
be attended to at once, otherwise many
citizens Will lose their right to vote. Re-
spectfully submitted,
ROBERT 4. DEvLIN.
REGISTERS ORDERED.
The board instructed the Clerk to notify
the County Clerk to have the supple
menJs printed.
Corporation Counsel Devln was fin
structed to prepare an election prociaina-
ton for the coming city election.