The Caucasian. (Clinton, N.C.) 188?-1913, 1895-12-12
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DUTIES OF CLERKS IN kSTABLIsHlNG
VOTING PRECINCTS.
We desire to call the special At
tention of clerks of Superior courts
to an important duty imposed on
them by law. With a view to trying
to present clearly what the law re-
quires we have had consultation
with eminent legal counsel, includ-
ing ex-Judge Spier Whitaker and
others, and herewith present a con-
census of general legal opinion.
On the Sth of March, 1895, there was
passed an act of the general assem-
bly, OF North Carolina entitled IAN
act to revise, amend, and CONSOLE
date the election laws of North
Carolina" Section five Of the act is
as follows:
THAT the clerk of the Superior court of
each county shall, within twelve months
after the ratification OF this act, establish
alter. or create separate places of election in
their respective counties, so as to provide as
near as may be, at least one separate place
of voting for every three hundred and fifty
electors, in every subdivision of their re-
spective counties, whether such sub-divls-
ion be township, village, city or ward; of
due notice, by advertisement in some pub
lie journal published in the county, if any
such there be; otherwise in some public
place within the boundaries of each Of said
voting places, or precincts and at the court
house door IN the county.
By section nine of this act it is
provided:
THAT registrars shall be provided with
one registration book for each precinct, and
it shall be their duty to revise the existing
registration book of their precinct in such
manner, that said book shall show an accu-
rate list of electors previously registered in
such precinct, and still residing therein,
without requiring such electors to be regis
tered anew; Provided. that whenever pre-
cinct, as laid off by the clerk under this act,
shall not be identical in boundaries with
any existing precinct at the election of one
thousand eight hundred and ninety-four,
then there shall be, in such new precinct a
new registration
This new establishment of election
precincts must be done before the
Sth Of March, 1896, and should be
attended to without further delay,
so as to prevent undue haste and
confusion.
How shall it be done7
l. There should be not more than
three hundred and fifty electors il
each precinct; and the proper way
to ascertain this is not to be guided
entirely by the voting books of las
election, but the registration books
should also be examined, as ther'
may be electors, men entitled by Law
to vote, who did not vote. A vote
is an elector, but an elector ma,
never have voted; and the law say
not more than three hundred an
fifty electors, not voters.
| 2. In establishing the voting pre-
cincts the sub divisions of countie
into townships, cities, wards, town
and incorporated villages must b
considered. A voting precinct can
not, under the law, be so established
as to include part of a town and
part of the country, a part of on
ward and part of another ward,
part in one township and a part il
another township; but each precinc
must be entirely in the country, city
town or incorporated village O
ward.
| If there should be two hundre
and twenty-five electors in one war
of city and four hundred elector
in an adjoining ward, the new pre-
cinct lines cannot be so run as
disre gard the boundary line betwee
the wards, having not more than thre
hundred and fifty electors, say, tire
hundred and twelve electors in on
precinct and three hundred and thil
teen in the other; but the ward hay
ing in it two hundred and twenty
: five electors should be established a
: a voting precinct, and in the war
, having four hundred electors thel
, should be created two distinct yotin
precincts with we'll defined bound,
ry lines.
5 What is said as to wards apple
also to townships, towns or incorp,
! rated villages and the country. l
other words in laying off a precin'
8 always keep within the city, war;
Q town or incorporated village.
: precinct may have less than thrt
, hundred and fifty electors within i
boundaries but not more than tn,
/ number.
Il Small precincts are conducive
s fair elections; and that ID, of cours
: what the law contemplates and a
o good citizens desire.
If there are at present not mo-
! than three hundred and fifty electo
: in q township then the trouble ar
expense of establishing a votir
precinct IN that township will be Ii
s tie, as the precinct would include a
b that township, and the townsh
q lines having already been r6,
4 marked and established there cou
? be DO doubt or uncertainty rs to Il
: proper place for each election
d said precinct to register and vot
s but whenever township contain