Arizona republican., 1911-09-09
ENABLING ACT AND STATUTE
Governing Provisions Are Quoted by Attorney Gen eral Wright in an Opin- ion Herewith Printed in Full.

,, There can be no reregistration of . voters for the election to be held De- lcember r. for action on the cODstitu- tion and the election of state officers. That at least is the opinion of Attor-
 eny General John B. Wright on the Iquestion, rendered in response to the request of the district attorneys of several counties. So many have writ Iten him regarding the matter that he lhas decided to give publicity to his findings in a search of the low, for
 the benefit of all While il will seem
 a hardship to many good citizens who lhave come here within the last two
 years, to be deprived of their vote,
 the attorney general finds by the in lterpretation of the enabling act in lCCnjunction with the statutes. that ithere is no authority for any citizen
 vOting at the coming election, who
 was not eligible to vote at the cleo ltion Of delegates to the constitutional lconvention. Mir Wrights opinion is herewith reproduced in full:
 Phoenix. Ariz., Sept. s, 1911. ITG District Attorneys of Arizona:
 Your telegram of September 5th re- lceived. You ask me to advise if per
 sons registering subsequent to the closing of the registration for the cleo tion of constitutional delegates, can Ivote at the coming primaries to be held october 24 and the state election Ito be held December F next.
 The question is of great importance land has been bothering the district |attorneys throughout the territory. and I have therefore given it close study. and have requested and received the advice of several of the leading at
 torneys of the territory affiliated with both the republican and democratic
 parties. My opinion. and the reasons therefor, will consequently be given
 with some detail:
 Section 19 of the Enabling Act pro- vides that the qualified electors of Arizona are authorized to vote for delegates to q constitutional conven-
 tion; and that a qualified elector is any male citizen of the United States of the age of twenty-one years who has resided in the territory at least twelve months next preceding the date | fixed for the election for constitu- ltional delegates. and who shall pos sess in every respect the qualifications of an elector as provided by Title 20 or the Revised Statutes of Arizona of 1901 Said section further provides | that the supervisors of each county shall require a reregistratiOn of the qualified electors as above defined and a proviso is attached to the ef- fleet that at a reregistratiOn of the quail | flied electors whose names appear on the great register for the year 1908 is unnecessary but that such names to- gether with such as may register un- der the provisions of said section shall constitute the great register of such county and be used at each of the elections provided for in the Enabling Act
 Said section then provides furth.r that this provision shall apply to Ii voters at all elections for delegate tp the constitutional convention, for n, ratification of the constitution. for state officers, members of the state legislature, representatives in congress and all other officers named in the constitution or any others provided for or mention in the Enabling Act
 From the provisions of said section 19. it would appear therefore, that qualified electors for all elections pro- vided for in the Enabling Act, would be those registered under the re- registration aforesaid. that is to say. those whose names appeared upon the great register of each county for the year 1908, and those additional per sons who had registered thereafter and up to twenty-one days prior to the election of delegates to the con- stitutional convention.
 It will be noted that the provision of Chapter of Title 20, Revised Statutes of Arizona, is to govern in the reregistration above referred to- Paragraph 2303 of said chapter 3 Il title 20. provides that any one can register twenty-one days before an election and this explains my state ment in the preceding paragraph that only those registered in the great register of 1908. and those registered under the reregistration order of the supervisors up to twenty days prior to the holding of the election for del- Iegates to the constitutional convention. | would be entitled to vote.
 Certainly it is clear from the pro- visions of section 19 of the Enabling | act, that only persons whose names | appear upon the great register of 1908 |