Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-10-09
Who May Vote?

Who May Vote?
What are the qualifications of a
voter at the primary elections on the
oath Of this month and at the gen.
eral election on December u?
Because of contrary opinions held
by the district attorneys it has be-
come necessary that there shall be a
judicial determination of this ques-
ton.
The attorney general of the terri
tory holds that no citizen can vote
unless he resided in the territory dur
ing the twelve months next preceding
the election for delegates to the con-
stitutional convention. which election
took place on the 18th day of Sept
ember, 1910.
The district attorney of MariCopa
county holds the same opinion, ex-
cept that he insists that any citizen
who resided in the territory during
the twelve months mentioned, but
failed to register, may now register
and vote.
The district attorney of ella county,
We are informed. holds that any citi-
zen may register and vote who shall
have been a resident of the terri
tory during the twelve months pre-
ceding the primary election on the
cath Of this month.
The language of Ordinance Num-
Der Two, if standing alone, would
appear to be conclusive on the ques-
ton, and make it impossible for any
body to vote unless he had resided
here during the twelve months next
preceding the election held on the
18th Of September last year:
Sec. 3. Any male citizen of the
United States of the age of twenty
one years. who shall have resided in
the Territory of Arizona at least
twelve months next preceding the
date of the election heretofore held
for the election Of delegates to this
constitutional convention, who shall
possess in other respects the qualifi-
cations of an electOr as provided by
title twenty, revised statutes of
Arizona. August ., 1901, and whose
name shall appear upon the great
register as constituted by Sec. 10 Of
said enabling act, or as said register
may be hereafter constituted by act
of congress. shall be qualified to vote
at said election"
We understand that the district
attorney of ella county holds that
there are such inconsistencies be-
tween this section and the primary
law which it adopts that the former
requirement of the statutes-twelve
months residence before a pending
elections in force. Accordingly. we
are informed, he proposes to bring
proceedings in mandamus against the
board of supervisors Of ella county
in such form as will bring out 4 de-
cision from the district court of that
judicial subdivision.
The trouble about this procedure
is. however, that a decision by the
district court is not the law Il the
supreme court of the territory shall
render a contrary opinion.
On every consideration it is adj
visable, therefore. that proceedings
be begun in the supreme court in
such form as will secure a decision
from that bench at the November
term.
The supreme court will convene on
Monday. November 6. We have no
doubt that the question can be pre-
scented so simply as to be followed
by a decision within that week, in
view of the urgency of the qUes-
ton
Under the. law which requires the
great registers Of the several cOun-
ties to be closed twenty days prior
to the general election. registration
must cease November %. But as
suming that a decision can be Sc
cured from the supreme court by
November 10, an interval of twelve
DAYS would be afforded for the regis
tration Of voters in the event that
the contention of the district attorney
of ella county is sustained.
CuRED HIMSELF