The Harlowton news., 1911-07-21

he is citizen Of the United States
and has resided in this state one year
Immediately preceding the election
at which he offers to vote and in the
town, county and precinct such time
as may be prescribed by law, which
time is fixed by Section 462, Revised
Codes, at thirty days in the county
Immediately preceding the election
at which he offers to vote.
The Court believes that Section
493, Revised Codes, does conflict with
Article TX, Section 2, of the Con-
stitution. The legislature has the
power to enact a Registration Act
and to prescribe reasonable and nec-
essary regulations which must be
complied with before an elector Of
the state may cast his vote at an
election--general or special. The
Registry Act now in force and effect
in Montana provides that registra-
tion of voters shall begin on the
fourth Monday prior to any general
election and continue to and includ-
ing the second following Saturday,
and shall not be registered later ex-
cept on the second Monday prior to
any general election electors may be
registered who are absent the entire
previous TWO weeks from their res
pective registration districts or were
prevented from registering by sick
neis or other physical disability. Ac-
cordingly the last opportunity pre-
, ceding the special election in this
county on May "a, 1911, for electors
of the county to register, occurred on
the second Monday prior to the last
general election day-November 8,
1910; since the second Monday before
November s, 1910 there has been no
opportunity for electors to register
Persons otherwise qualified who be-
! gan residence in this state on the 9th
day of November 1909 or at any time
thereafter had therefore no oppor-
tunity whatever to register prior to
the special election of May "a, 1911.
All qualified electors who had re-
sided in the state one year and in
the County of Meagher thirty days
prior to the oath day of May 1911,
were, according to Article TX, Sec
tion 2 of the Constitution qualified
electors at that special election; but
according to the Registration Act
they could not be allowed to vote un-
less their names were on the registra-
tion lists made just before the gen.
eral election of 1910
1t will readily be seen that an
elector may have resided the year in
the state and the thirty days in the
county without having an oppor.
| tunitv to register at the registry for
the general election of 1910; an inter
val of six months and eighteen days
elapsed between the general election
| of 1910 and the special election OF
| May "a, 1911 and a somewhat longer
time between the registration of 1910
and the said election.
In the judgment of the Court this
is an unreasonable and unnecessary
regulation: it will readily occur to
anyone upon the consideration of
this matter that the actual time an
elector might reside in Montana
without acquiring the right to vote
at special election might easily be
extended from the time mentioned
above to period of nearly three
years. In the case of an electOr be-
ginning his residence in Montana on
the 9th day of November 1909, it
would be impossible to register for
the general election OF 1910 and il a
special election were set--aS for eX-
ample-in October of 1912 such cleo
tor might reside in this state from
the 9th day of November 1909 to the
date of suppositious special election
held just preceding the general cleo
!. ton of 1912 and it would be impos.
sible for him to acquire the right tC
vote at such special election under
our present registration law. 1t is
conceded that the 7S electors men
toned and who voted without regis
tering and an even larger number
who were not allowed to vote by rea
son of the provision OF the Registry
Act were qualified to vote by reason
of residence in the state more thar
one year and in the county more thar
thirty days and that they had had NJ
opportunity of registration before tht
general election of 1910.
, Accordingly the Court holds that il
this case Section 493 of the Revised
Codes of Montana is an unnecessar,
, and unreasonable restriction upon tn,