Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1911-07-21

"IlIoUuC cACetulIIk SlV.utO WlCnOuI
the approval OF majority of the
electors thereof, voting at an election
to he provided by law,
Is section 403, Revised Codes, in
conflict with section ii, article TX of
the Constitution? Section 493 pro-
vides that persons not registered can
not vote at any election mentioned in
the Registration Act, which includes
the special election held Oh May p,
1911, in Meagher county. Section 2.
Article TX of the Constitution pre-
vides that every male person OF the
age OF 81 years or over, possessing
the prescribed qualifications shall be
entitled to vote at all general elec-
tions and upon all questions which
may be submitted to the vote of the
people if he is citizen Of the United
States and has resided in this state
one year Immediately proceeding the
election ut which he offers to vote,
and in the town, county and precinct
such time rs may be prescribed by
law, which time is fixed by Section
+62, Revised Codes, at thirty days in
the county Immediately proceeding
the election ut which he offers to
vote.
The Court believes that Section 493,
Revised Codes, does conflict with Ar
ticle TX, section 2, Of the Constitu-
ton. The Legislature has the power
TO enact Registration Act and to
prescribe reasonable and necessary
regulations which must be complied
with before an electOr of the state
may cast his vote at any election
general or special. The Registry Act
now in force and effect in Montana
provides that registration Of voters
shall begin on the fourth Monday
prior to any general election and con-
tinue to and including the second
following Saturday, and shall not be
registered later except on the second
Monday prior to any general election
electors may be registered who are
absent the entire previous two weeks
from their respective registration
districts or were prevented from reg
istering by sickness or other physical
disability. Accordingly the last op
portunity proceeding the special elec--
ton in this county OH May "a, 1911,
for electors OF the county to register,
occurred on the second Monday prior
to the last general election day
November 3, 1910; since the second
Monday before November 8, 1910,
there has been no opportunity for
electors to register. Persons other
wise qualified who began residence in
this state on the 9th day of NOvem-
ber, 1909, or at any time thereafter
had therefore no opportunity what
ever to register prior to the special
election Of Nav oath, 1911. All quail
itied electors who have resided in the
state one year and in the county of
Meagher thirty days prior to the "a
day of May, 1911, were, according to
Article TX, Section 2 of the Consti-
tuition qualified electors at that
special election; but according to the
Registration Act they could not be
allowed to vote unless their names
were on the registration lists just
prior to the general election Of 1910.
1t will readily be seen that an elec-
tor may have resided in the state
year and the county thirty days
without having an opportunity to
register at the registry for the gener-
al election Of 1910; an interval of six
months and eighteen days elapsed be-
tween the registration OF 1910 and the
said special 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 cleo
tor might reside in Montana without
acquiring the right to vote at
special election might easily be ex-
tended from the time mentioned
above to the period of nearly three
years. In the case of an electOr be-
ginning his residence in Montana OH
the 9th day of November. 1909, it
would be impossible to register for
the general election of 1910 and il Il
special election We're set-as for eN-
ample-in October of 1912 such cleo
tor might reside in this state from
the 9th day of November. 1909. to the
date of suppositions special election
held just preceding the general elec-
ton of 1912 and it would he impos-
sible for him to acquire the right to
vote at such special election under our
present registration law. 1t is con-
cetled that the Is electors men,
toned and who voted without
registering and an even larger
number who were not allowed to