The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-09-26

provision IN the election laws Of Okla
homa which would -equile the Greer
county citizen TO vote in Greer county
should be held i'm conflict with the six
molths residence provision OF the enab-
ling act. Nov there is nothing In the
enabling act itself which would require
the persons To vote in Greer county II
the provisions of the Oklahoma election
law defining the place where tae voter
shall cast his ballot are not applicable to
this election and the provisions with re-
spect TO the voters precinct residence
are found n Section Of the general
election law of Oklahoma. which p-o-
vides:
The term qualified electors within
the meaning Of this Act. shall include an
male persons of the age of twenty one
years or upwards belonging TO either Of
the following classes. who have resided
in the territory for a period of six
months. in the township sixty days and
In the voting precinct thirty days aext
preceding any election"
The language with reference TO a resi-
denc in the township for sixty days will
not be applicable In the Indian Territory
foT the reason that there are no town
ships. which means of course mulici-
pal townships in that territory, but
such provision is applicable to Oklahoma
because there are municipal township cr-
ganizatiOls there. The p.ovisi0n with
reference to residelce TO- thirty days in
the precinct, however. viii be locally ap-
plicable ia Indian Territory for these
precincts will be created and IN what
ever precinct when formed the voter has
had his place OF residence for "A period
of thirty days before the election. he
will be entitled TO vote. II these statutes
are not so construed and the thirty day
precinct residence requirement were held
to be in conflict with tn enabling act
then there would be nothing to prevent
a person In one precinct of a county to
vote in another precinct in the same
county or another precilct in some 9TH
er county. and il would be an easy mat
te- to thwart the viii Of a people OF
particular constitutional district by trans
porting. Immediately befor the election
enough people from another district 70
change the result In the district. and "
the elector was not requh ed to -eslde In
his precinct for thi-ty days. ana il the
provision quoted from Section 2 of the
enabling act % the only qualification that
the election laws place about his, right
TO vote then he may vote any place nc
pieases in the territory
This would Doe manifosty am unfair
ana an uIwa sranted construction of this
act. not within the meaning or the pu--
pose of the act. for It was undoubtedly
weil-known by congress- that the general
system OF election laws In Oklahoma had
been in force for gears. and made suni-
cient provisions 10 guard the purity OF
the ballot ald e. provide tor fails eN-
p-ession Of the viii of the particular dis
trict as to who should De elected 10 the
constitutional convention; and these laws
were fully placed in force as ftr as ap-
plicable when not in conflict with the
enabling act and this provision requir-
ing thirty days residence in the pre-.
cinct is. IN my Judgment in no wise in
conflic, with any provision of the
enabling act.
Second. Is IL necessary that a voter
In cities of the h.st-class should register
before this election? answer this ques-
tion res. The registration OF the voter
preceding the election is past OF the
requirements Of the election laws of ok
lahoma. and are as much part Of those
laws governing elections as amy other
part of these enactments and there can
be no reason giva why this requirement
should be ignored or disregarded al this
election any more than in any other
election.
l understand this question has already
been passed on by the Attorney GEN
erals office Of oklahoma in "a letter writ
ten July 81, 1906, which is as follows.
Guthrie, Okla. July 81 1906. Hon
Earl r. Lee City Clerk. Enid Okla Dear
sir;-In reply 20 your letter Of July 18Th.
1906. IL Is the opinion OF this office that
AN parties desiring % vote az the cleo
ton 10 be held for the Dui pose OF elcst-
ing delegates to the Constitutional con-
venton must comply with the egistra-
tion laws. Yours respectfully
DON G. SMITH,
Asst. Atty Gen. ,
Yours ver truly.
A. @. c. BIERER.