Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-08-13
VOTERS MAY MAKE AFFIDAVIT
City Attorney bands Down Opinion
on tAs SSAjSct
sTeSED BY Two FREEHoIDERs
yssvse MusS RezsSNs Ga tne SSHts fr~-
vkaet VITA ss-e T,eez0-cssr,s N~cSss
jest - s&e Stsse LaUe
Reserve.

4 rev opin&ea 50 20 sho r1Shts q ths
unzVststeqed N'sesc was dejlvscSi IL tns
city ceerk Saturday morninS u C-'y AaSoE~
Rey Eane, w.ho agrees VITA tsa stan1 Al
yvssy taCsR by the ci4y's lsSal adrtsaEs
allowing tho unregistered % V'oCs ~ Ea2-
,nss aU1a5aztC Sefsore tAe ehty eek fhe
ar1,davze snrsr b. a61ssgaf o. uro frse-
aOtders frcGa sns mans opn pree-c5- lu4t
al tAe sazse lAE spsca6aal1y RSUvl1ss-
sCs OQHr8sn % the cads At5sGmzy IS "a To-
,uss:
Caa Is. 5uaBsr. CEay CEzrS-1n answer 20
~. rs7s dsssL aQr al gpTlni0u zetRtlye 10 tnS
.lt,nt "a an eeset9f To ve6e "a me August
pr 4mariess ygesGe stna0 eheCLor naS fallcG TO
register. wtlh s1Rte tnat nave carefully
opinion tnaL any qualified eiecLor mas tne
t4Bnt to voCe az the PRIMARIES. regardless
TX whether Or not suAh eLeclOr AS been
registered. his WRs a1e opinion siven to
III u our opaartaata11 On -AiEsIsL ). 1919.
SccCon - OF d-Clss L "a dhsA constitution
provides tnaL The sSETasnl shall be Tree;
sJeulTnenJ in the rIghG OF a quanned voter
10 -ssfcise the elective franchise
section L or article OF abe constitution
provides, LhaC every male person OF the age
OF "a ears OF Ehs classes enumerated
shall Ue an. sieCtor-" Tins section further
provides JnaL sucn person snail nave
county or precinct on EaEo Tor sucn term
as may oe pruVstsd ny Ew-
Our sLgtll6s REWVifss that every male
person o. ahss aga Cd II years or upwards
belonging ~ ahes classes enumerated. snail
os an eEec1aE a. E1En peEs0E shall nave re-
sided AAa@aM Inc stair sax months in the
ra1nty iGGty Gays and IN tne precinct OF
Section SD OF CotOey's Annotated
Statutes OF Nebraska for l9li. the me be
ing n pan OF the primarJ eiSctloH Jaw.
prov siles that no UNREGISTERED eiector shall
ns permitted To vote unless ne makes an
affidavit setting forth the reasons why ne
To ar.A vvn qf
may &c given
It hAs been held by the supreme court
Of thfs stale in the case OF State against
Corner. = Neb-. 2H5. that under the sec
tons OF the constitution heretofore quoted,
that the right OF an elector to vote at
an election cannot be abridged denied,
and Thar any law when denied TO any
qua flied elector a right to vote provided
he is able to prove himself such any time
before the closing of the polls, Is void.
That the court has further held in the case
OF state against Drexel, IA Neb, 116, that
the sections of the constitution heretofore
quoted apply to primary elections, as wen
as to regular or general elections.
1t therefore follows that so far as SAID
section 5S79 seeks to deprive any quahfleq
voter from voting at the primaries, salo
section is without force or effect. 1t does
not, however follow, that the whole OF
section 1913 is void. l therefore recommend
tion be prepared and that unregistered
electors before being permitted to vote at
sH % 2 he
therein set forth, except so far as being
required to give one Of the reasons set
forth in said section. To my mind the
elector may give any reason he sees fit.
In answer to your inquiry relative to the
second affidavit mentioned in said section
6S1e, which relates to giving the parry
utilization where none was so stated by
the elector at the last registration, will
state, that II is my opinion that the same
may DO made before any OK the Judges
Of election or before any other officer
by law to administer an oath.
JOHN a. RINE.
City Attorney.