Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-12-02
NEW COUNTY ELECTIONS.

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NEW COUNTY ELECTIONS.
The Limestone People Get Some Law ON
the Subject.
News and Courier, 9th.
There certainly has been a great
deal of law-making and law-construing
in reference to the new county propo-
sitions that have come up. This morn
i ing half dozen committees called at
the attorney generals Office in relation
to various phases of the different elec-
tions, the organization of new counties
and contests.
A set of questions were submitted
today to the assistant attorney gener.
al by Mr.. Baker, of the committee for
Limestone county. They have been
put in brief shape and are answered in
the same spirit. They are as follows:
1. Will it be legal for persons living
within the boundaries of the proposed
new Limestone county to register De-
cember 7, it being one of the three
days in each month required by law ?
Yes.
2. Will they by 80 doing be legally
qualified to cast their votes for or
against the new county; the election
having been ordered for December 8?
Yes.
8. Will it be legal to open the regis
tration books on any day previous to
the first Monday in each month? No.
4. And will voter 80 registering be
entitled to vote in the new county
elections No.
5. Can person be registered at the
county seat by another person if he
will make oatn that the person or per-
sons he represents has all other legal
qualifications? No.
6. Is it necessary to have three
boxes at each polling precinctP The
law having required two-thirds ma
jority to establish a new county, will
it require a two-thirds majority as to
name and place? No, one box. I'd.
Yes, two-thirds on all questions.
7. Would the failure of two-thirds
majority as to name or place invali-
date the whole election? No.
Attorney General Barber has rem
dered the following opinion, that will
be of interest to all new county
people:
Messrs. NJ. M. Tate and Others,
Managers of the New County Elec-
tion, GaAney-Dear Sirs: Your tele-
gram was received just as I was leav-
ing Columbia, and delayed answering
it until I could investigate the ques-
ton. I wired you my conclusion, and
now give you the reasons upon which
it was based.
Section 8 of the act regulating the
formation of new counties provides
that all persons entitled to vote under
the constitution and laws of this state
at general elections shall be entitled
to vote at such election. (See Acts
1860
It is evident that persons registered
on December Z are entitled to vote at
general elections, and that qualified
them to vote at new county elec-
ton. 1t is true that section of the
registration act provides that the
registration books shall be closed 80
days before a special election. (See
Acts 1896 page 3S1.)
But I do not consider new county
election within the meaning of that
act. 1 understand the term especial
election" as used in that act, to mean a
special election for officers or something
of that sort, while new county elec-
ton is a regular election pursuant to
law. The general assembly could
hardly have contemplated closing the
registration books in any county when
a new county election is to be held
thirty days before such election. Such
a course might seriously interfere with
the registration of electors for the
general election following. Both the
registration act and new county act
being new they may not thoroughly
harmonic, but I take the view that
under them person registered on De-
cember 7 and otherwise qualified to
vote is entitled to vote in new coun-
ty election held December 8.
There is another and more serious
question that might arise, and which
1 merely call to your attention without
expressing any opinion. You will OBJ
serve that section : of the registration
act requires the registration books to
be opened on the first Monday in De-
cember, 1896, at the court house, and
kept open for three successive days.
This will include the very day on
which your election has been ordered,
and may complicate matters. Yours