The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-11

The following opinion was given out
yesterday:
A. H. Parsons, Esq, Chairman Republi-
can County Committee, Salt Lake City,
Utah:
Dear Sir-Replyng to your favor of the
dence required under the constitution
and state laws to entitle citizens to vote,
we beg leave to submit the following:
Section OF article of the state con-
stitution requires a residence in the state
one year, in the county four months, and
in the precinct sixty days next preceding
any election to entitle a person to vote at
such election.
The provisions of the constitution, above
quoted, on the subject Of residence, are
very clear and concise and are mandatory,
and they cannot be modified by any state
law. These provisions are incorporated
in the laws of the state governing the
registration of electors.
The oath required of a person before
being registered recites that such person
shall have resided in the state one year,
in the county four months, and in the
precinct sixty days at the time OF the
election.
The term residence is clearly defined
in subdivision l of section IL of the regis
tration law as follows: THAT place must
be considered and held to be the residence
of a person in which his habitation is
fixed, and to which, whenever he is alb
sent. he has the intention of returning.
Subdivision of the same section recites
that :" person must not be held to have
gained or lost residence by reason Of his
presence or absence while employed in
the service of the United States or of
this state. nor while a student at any in
stitution of learning, nor while kept in
any almS-houSe or other asylum al the
public expense nor while confined in any
public prison, nor while residing upon
any Indian or military reservation" Sub
division provides that "a person must not
be considered to have lost his residence
who leaves his home to go into a foreign
country or another state, or precinct in
this state, for temporary purpose merely,
with the intention of returning; pro-
vided, he has not exercised the right of
elective franchise in said state or pre-
cinct." Subdivision . provides that "a
person must not be considered to have
gained a residence in any county into
which he comes for temporary purposes
merely without the intention of making
such county his home" Subdivision s
provides that 'the place where a mans
family resides is presumed to be his place
of residence but any man who takes up
or continues his abode with the intention
of remaining at a place other than where
his family resides, must be regarded as
resident where he so abides." Subdivision
8: "A change of residence can only be
made by the act of removal, joined with
the intent to remain in another place.
There can only be one residence. A resi-
dence cannot be lost until another is
gained" Subdivision 10: THE term res
idence must be computed by including
the day on which the persons residence
commences and by excluding the Gay of
election"
dence" as above used, means voting resi-
dence or not, and seems to imply that a
person might have an actual place OF
residence in one precinct, and con-
S.ruCt-ve voting residence IN another, but
Your next question is whether a citi-
zen who has removed from one election
precinct to another since September 3,
1885, is not entitled to register in the cleo
ton precinct from which he removed and
to vote there on election day. To this
question, we reply that the provisions of
the law do not admit OF any SUCH con
struction. Constituting our present regis
tration law with the provisions of the
constitution on the same subject we are
clearly of the opinion that person who
/ changes his place of residence from one
county to another within four months
! of the day of election loses his right TO
vote at such election, and that person
who changes his place OF. residence from
one precinct in a county to another pre-
cinct in the same county within sixty
days OF the day of election loses his right
to vote at such election, and that the
term precinct means the election pre-
cinct as now established by the board of
county commissioners, and has no refer
ence TO the precincts established for the
election Of justices of the peace and con-
stables.
precinct to another in the same municipal
ward deprives the person of his right to
vote in the same manner as change OF
residence into different municipal ward
Under the provisions of section l6 Of the
registration law registered elector re-
moving from one precinct TO another may
apply to the registry agent before whom
he has already been registered for thai
year. and have his name taken Off tn
official register and receive from the reg
istry agent a certificate, which will en-
title him to have his name registered IL
any other precinct, either within the sam'
county or in any other county, but this
transfer must occur sixty days prior tc
the election where the change is made
from one precinct to another in the sam
county, and four months prior to cleo
ton. where the change is made from one
county to another, in order that the per
son may vote at such election. There i
no law providing for transfers within
sixty days prior to an election, and I'M
til some change is made in our state con
stitution on this subject no such law car
be enacted
Trusting that l have made this matte
plain to you, beg to remainaery respect
fully yours, C. o. WHITTEMORE,
County Attorney.