Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-29
eoARp OF REGISTRATION RAISES
QUESTION IN THIRD WARD
-"scRArcAEs" VOTERS.
ELECTION BOARD, HOWEVER,
ALLOWS SCRATCHED" TO VOTE
3. L. Burritt, Lawyer Member ct
Registration Board, Interpreters Law
to Mean That Those Who Did Not
Vote at State Election Last Fall Can
Not Vote Now.

Who is eligible to vote today? Does
failure to have voted at the the state
election last fall disqualify the voter
who registered and voted at the presi-
lential election in 1912? This question
has been raised in the Third ward In
fact. basing the opinion on an inter-
creation of the section of the law IN
controversy, 3. L. Burritt, justice OF
the peace and lawyer, and member
Of the Third ward registry board,
struck from the registry book the
names of all those who did not vote at
the state election last fall.
In substance assistants in the office
of the attorney general hold Burrltl
is wrong, as do also City Solicitor r +.
Northrup and County Attorney Ray r.
Scott. However, it is conceded that
The situation created furnishes an eX-
cellent basis for an election contest IN
case any of the candidates desire 10
start one.
Allow stricken" to Vote.
Burritt interprets the section OF the
election laws governing registration 10
mean that all who registered for the
presidential election, but who dld not
vote at the state election in 1914, can
not vote today.
Acting on this Interpretation BURNT
struck from the registration DOCK an
who did not vote at the state election
last fall. A pencil line was run thru
tine names. The election board, now
ever, after getting legal opinion. mas
disregarded the names so cut out ana
vas TODAY allowing them to vote.
John Fletcher and C. A. Robbins, as
sistants in the office Of the attorney
general. who have been appealed to.
and CITY Solicitor Northrup and Coun-
" Attorney Scott, say registration at
each presidential election every four
years qualities a voter unless by NOV
ing from the precinct the voter dis
qualities himself.
Board Would Have Quit.
At least some of the members OF the
Third ward election board were ready
20 quit and not open the polling place
if those whom Burritt had marked OIL
the registry book were not allowed TO
vote A count showed there We're 4oo
IF them
Registry boards in the other wards
did not follow the example of BURNT.
No question, Burritt says. would nave
been raised had the city furnished new
registration books for this election. II
did not, and so the Third ward ooaro'
having no new book in which to make
a new registry. struck off the names OF
those supposed to be disquailheo.
The Law in Question.
The following is section 1854 OF the
code that is in question:
"A new registry OF voters shall be
taken in each year OF a presidential
election. For all other state or munic-
ina. elections. general or special, the
registers shall prepare a new registry
book in each year, by copying from the
DOLL book of the preceding general cleo
tion ali the names found therein,
adding thereto those Of all persons reg
istered and voting at any subsequent
election. which new registry book shall
show all the facts of qualification OF
each voter as they appear on the last
preceding registry book which WneT
thus made up, shall be used at each
election until new registry book Is
prepared as required by law. Every
person thus registered shall be con-
sidered as entitled to vote at any cleo
ton at which said registry book may
be used unless his name shall DC
dropped by the correction of registra-
ton as authorized by law
What is meant by general election
this section is what confuses. If this
sentence read "by copying from the
poll book of the preceding presidential
election, etc." there would probably be
no dispute over the meaning Of the
law.
John Fletcher's Opinion.
TIE written opinion Of Assistant AT
torney General John Fletcher on g
similar point, which is in effect 6
square cut opinion on the question
raised now, was given to E. E. Carve
last fall just before the state election
With the state election coming OF
Carver asked the attorney general
office this question: If voter regis
tered at the presidential election an
did not vote at such election, does n
have the right to vote at the coming
election without again registering"
To this question Fletcher answered
.'In response to such inquiry will sa.
that in my opinion a person who il
properly registered in the year OF
presidential election, and who does no
change his voting residence. has
right to vote at any election held here
after until the next presidential cleo
ton without re-registering, and hi
right to vote at any election within tn
he exercised his right at some proceed
ing election"
Would BE Disqualification.
Late Saturday night the question
was put up to City Solicitor Northu
and County Attorney Scott. They spen
part Of Sunday searching for authorit
les but found none. Scott telephone
the attorney generals office this fore
N noon and ne said Assistant Attorne
General C. A. Robbins answered hir
that registration once in four years a
the presidential elections was all tina
was required.
Northup was out of the city. 1T
our combined opinion said Scott tina
registration at the presidential cleo
ton Is all that is required. We do nc
believe it is the intent of the law
disqua1ify vuter Who was resistere
Tor the presidential election because h
did not vote at any subsequent cleo
ton
Funeral at Albion.