Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-02-03

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other things provides, that 1T sha
be the duty of the said board of rel
stration to inquire into, ascertai
and make record Of the names Of a
persons legally qualified to vote III
der the election laws OF this Teri
tory thus directing these boards no
to limit their investigation rs to tn
qualification, or disqualification o
voters to the registration act, but t,
examine the election law for that pur
pose, also. This examination of tn,
election law would disclose a sligh
change from the provisions Of Sec
ton 19 OF the election law, in tina
the time Of residence in the Territor!
was reduced from year to six months
and 30 days residence in the precinc
was added, no change would be fount
in Sections q or 62, the dlsquallfyinl
and disfranchising sections of the
same law, and Of these they must nee
essarily take cognizance,
Duties Of Board Of Registration
| Section 4 provides, the board OF
registration shall then make full
and complete list OF all the legally
qualified voters in their respective
precincts
Section & provides for a revision OF
the lists made by the boards and
among other things provides, that
"and if the said board shall be salts.
fed hat any person whose name had
been by them placed upon the list
was not legal voter, the name OF
such person shall be erased from the
same This provision is plainly IN
tended to prohibit the boards of regis
tration from placing the name OF a
disqualified or dsfranchised voter
upon the list of legal voters made by
them, and Section II provides pen
atty upon the members of the board
for placing on the registration list a
person who is not legally qualified
NOACl. ~ NloCo Hol otNlll lINNNootis w
argue the proposition, that disfran.
chsed or disqualified voter is not a
legally qualified voter, such as the
registration act authorizes to be reg
istered, nor to cite authorities in sup
port thereof. 1t is true, that Sec
ton 10 of this act provides that all
persons whose names are registered
shall have the right to vote, and this
is the strong point in the brief OF de-
fendants counsel, but it is apparent,
that the fact, that person who Is not
a legally qualified voter, but who sue.
ceeds in having his name registered
and votes is not thereby established
to be a qualified elector, such as is
contemplated in the county commits
sioners' act. The provision for erasing
names from the lists contemplated
disqualified persons securing registra.
ton, but 1t will not be contended, that
disfranchised voter may become a
qualified elector by fraud upon, or
collusion Of, board of registration.
The fact of registration and actual
voting does not necessarily prove,
that the person is qualified elector.
The election and registration laws
were amended in some respects by
Chapter 1856, Laws of 1889, but in this
act also, there Is no attempt to re-
peal, or even modify Sections 1141
and 1851, Compiled Laws, 1884, which
sections are identical with Sections
1647 and 1912 Compiled Laws, 1897.
1t is further evident from this act,
that disqualiflcations must be con-
sidered by boards Of registration, as
Section 1902 Compiled Laws, 1897
provides among other things as fol-
lows:
"And the board of registration shall
enter all such names on the books Of
registration, and shall then strike of
the names of any persons known to
have died or to have permanently
left the precinct, and shall then pro-
ceed to enter upon such lists the
names of all persons residing in such
precinct who have resided within
such county and precinct a sufficient
length of time to entitle them to be
registered, or who will have resided
in such county and precinct a suffi.
cient length Of time on the day of
election, and who possess all other
qualifications requisite to make them
qualified electors. If any person is
refused registration by the judges of
registration, he may make and pre-
sent to the judges, his affidavit in
writing, setting forth that the afflant
is a citizen Of the United States, that
he has resided in the Territory of
New Mexico for the six months next
that he has resided in the
county for three months next pre-
ceding, and in the precinct in which
he offers to register, for thirty days
next preceding, and that he is not dis.
qualified for any reason from being
registered as voter and from voting
at the next ensuing election"
Has Power to Examine Into oualifca.
ton Of Voters.
In all these acts, boards of regis.
tration are given power to examine
into the question of the qualification
or disqualification of those seeking