Mississippi leader. (Jackson, Miss.) 1892-1895, 1895-07-23
WHO CAN VOTE.
What the Constitution and Election Laws
Say on the Subject.


Say on the Subject.
Editor Port Gibson Reveille:
DEAR SIR:-There seems to be con-
siderable lack of information respect
ing the qualifications of an elector in
this State In order that the public
may be informed, | state these, in such
manner as to show what is necessary
to make legal voter in Mississippi.
Section 241 of the State Constitution
fixes the qualifications. They are as
follows: 1st, The elector must be a
citizen of the United States. End. He
must have resided in the election dis
trict or incorporated city or town in
which he offers to vote, one year. 4th.
He must be twenty-one Years of age;
he must neither be an idiot, an insane
person nor an Indian not taxed. 9th.
He must have registered according to
Article II of the State Constitution.
7th. He must never have been convict
ed of bribery, theft, arson, obtaining
money or goods under false pretenses,
perjury, forgery, embezzlement or big
amy. 8th. He must have paid, on or
before the 1st day of February of the
gear IN uhich he offers to cote, all tares
uchich may haze been legally required
of him and ,chich he has had an OppOr-
tunitg of paying according to lao, for
the tacO preceding gears. 9th. And he
shall produce to the officers holding
the election, satisfactory evidence that
he has paid said taxes, within the said
time. So much then for the law fixing
the qualifications of voters in the State
of Mississippi. No one who does not
possess all of the above qualifications
is legal voter in this State, nor can
he participate in the general election
for officers, State, district or county.
Various questions arise in the prac-
tical application of the foregoing tests
of qualification some of which l name
here for public information. LIST. Sup
pose A carries list of tax payers to
the sheriff, requests the sheriff to call
on him for the taxes due from the per-
sons named in his list, and the sheriff
agrees to do it and issues his receipts
dated either before or on the LIST day
of February, will, under such circum-
stances, the person whose name ap-
pears in the tax list be entitled to vote
If A does not make payment of the
money until after the LIST day of Feb
ruary? The answer is yes. The date
of sheriff's receipt is final End. If the
sheriff issues a receipt to a taxpayer
dated on or before the LIST of February,
will such persons be entitled to vote?
The answer is, yes. The date of the re
ceipt governs. The moment the sher-
iff issues receipts dated on or before
the 1st day of February, he has made
himself liable to the State for taxes,
and it matters not whether he receives
payment upon the 1st day of February
or not.
Another question arising is this:
If A resides in district one and
leaves district one and goes into dis
trict two with the intention of remain
ing in district two and does remain
there for or 8 months, can he vote in
district one? The answer is founded
in intention. If be leaves district one
with the intention of removing from it
permanently and residing in district
tive. be loses his citizenship in district
one, and cannot vote in district two
unless he has resided there one year.
Another question which arises is: If
A offers to vote and his name Goes not
appear in the poll books, but he makes
oath he is registered, that his name
has been inadvertently left off and
that he is in every way qualified &C
cording to law, would he be entitled
to vote? The answer is, yes.
In regard to primary elections. Chap
ter los of the Annotated Code CON
talns all the law on primary meetings
and elections. Section 1864 of that
Code permits the executive committee
to determine as to who shall be con-
sidered members of the political party
holding the primary election and who.
as members of the party, shall be en-
titled to participate in the meetings,
or vote at the primary election either
Tor State, district or county officers
Section 1863 of the same code provides
that all party primary elections shall
be regulated and governed by the cleo
ton laws OF the State, in force at the
time the primary is held, as near as
the same can be done, eTcept as other
acase proUtded. The words 'except as
as otherwise provided" simply refer to
the form OF preparing ballots and the
requirements of the general law re-
specting election booths and the
manner of counting and returning
the votes. Section 1912 provides that
no voter otherwise qualified shall be
debarred from participating in the
primary election by an educational
The words sotherwise
qualified" refer to sections 24l and pa
of the constitution, which give the
qualifications of all electors; and the
only exception made to the qualifica-
tions of all electors; and the only ex-
ception made to the qualifications of
an elector is, that at a primary election
he shall not be subjected to an educa-
ttondt qualification also. In setting
out the qualifications of electors above.
omitted further test, named in sec,
ton 244 of the State constitution. which |
is: "The elector shall be able to read
any section OF the constitution of this
State; or shall be able to understand
the same when read to him, or give a /
reasonable Interpretation thereof
Section 1912 says, this last named onai-
shall not ha rao,,;roI -;