The copper era and Morenci leader., 1916-06-16
COUNTY RECORDER
MAY CANCEL OLD
REGISTRATIONS
Maricopa County Attorney Gives opin
ion Which May Allow Changes in
Registration All Over The State


Registration All Over The State
The county recorder is permitted to
cancel registration entry and allow
the elector to re-register for the pur-
pose of correctly stating his party
affiliation which he has changed since
first registering, according to the
opinion handed down by County Attor-
ney Clyde Candy of Maricopa county.
Mr.. Candy based his opinion an par
agraph 2S99 of the Civil Code, Revised
Statutes of Arizona, 1913 which reads:
Upon demand first being made in
writing therefor, and his refusal so to
do, then any person may proceed by
action in the superior court to compel
theRecorder to cancel any entry made
on the register Illegally, or that
ought to be Cancelled by reason of
facts that have occurred, subsequent
to the time of such entry, but If the
person whose name is sought to be
cancelled be not a party to the action
| the court may order him to be made
party defendant.
County Attorney Candy declared in
statement that the statutory con-
struction was the only question in
volved.
"As this exhausts the statutory pro-
vision on this question, continues the
opinion, I'VE have only left to deter
mine whether or not paragraph 1899
should be so construed to permit re-
gistration for the purpose of stating
a changed party affiliation. If there
be a bona fide changed party affilia-
ton since the registration, that would
be fact that has occurred subse-
quent to the time of the entry. 1t
does not appear that the operation OF
paragraph 1899 should be limited to
those instances enumerated in para
graph 1897, because, if that were the
intent, section 1899 could have read:
Upon demand being made in writing
therefor and his refusal so to do, then
any person may proceed to compel
the Recorder to cancel any entry
which he should cancel under the pro-
visions of paragraph 1897 of this
CODE
The Maricopa county attorney has
placed this as the lawful interpreta-
ton Of the statute and proper in the
light of the authorities and the decid-
ed cases. He says:
ct will be apparent that the right
Of franchise of an elector is greatly
restricted If he be not permitted to
re-register and thereby change the
statement of his party affiliation if he
has actually and in good faith changed
such utilization. If the statute means
that he cannot re-register for the
purpose of properly stating his
changed party affiliation or stating
party affiliation when he formerly
registered as being affiliated with no
party, then such elector will be dis
| franchised and will not be able to
vote at the primary. He no longer
belongs to the party under which he
registered and he cannot vote the
ticket of the party to which he really
belongs because he has not registered
as of that party.
He then cites authorities, adding:
"While 1 would not go so far as to
hold that writ of mandate would lie
against a county recorder to compel
him to cancel an entry because the
said entry no longer stated the cleo
tors correct party affiliation, yet | am
of the opinion that the proper con-
struction to be placed upon the word
ing of paragraph 1899 permits the
county recorder to cancel a registra-
ton entry and allow the elector to
re-register for the purpose of correct
ly stating his party afflliatioh which
he has changed since first registering.
1T is true that paragraph 1891 says
that, no elector shall register sec
ond time in the same precinct but
this refers to double registration and
does not forbid the registration of an
elector after cancellation of the first
registration.
"Inasmuch as the statute says that
a demand shall be made on the Re-
corder in writing, enclose herewith
a form of blank which may be used
for such a request. The County Re
corder is clothed with discretion in
this matter, and should not cancel the
entry and permit the elector to re-
register except on the utmost good
faith and on facts which have arisen
subsequent to the first registration
and which justify the cancellation, as
above stated.
Amy person who in registering or
re-registering makes false statement
as to his party affiliation is guilty of a
felony. Paragraph 1896 of the Civil
Code, Revised Statutes of Arizona,
1913, says that any person who shall
falsely swear to any affidavit required
by this chapter shall be deemed guilty
of perjury and the chapter referred
to is the chapter on registration.
The affidavit which the voter must
file before re-registering follows:
APPLICATION FOR CANCELLA.
TON OF REGISTRATION TO
CHANGE PARTY AFFILI-
ALTON.