Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-02-25
INELIGIBLE TO VOTE
Those Whose Taxes Are Unpaid
Feb. Is Disqualified by Law
Attorney General Barber Gives opin-
iop-Question Arose over Referen-
dum-Text of Letters.

That voters who had not paid their
taxes previous to Feb. 10 are not eli
gible to vote in town meeting, when
the primary and prohibitory law refer
endums will be voted on, is the official
opinion :of Attorney General Herbert g.
Barber of Brattleboro, given to Secre-
tary of. State Guy w. Bailey of Essex
junction. 1t is his opinion, further,
that the secretary of states duty. is
to- accept the returns without going
back of them to determine whether
any irrcgularity.
e Attorney General Barber's opinion
is based upon the statutes, which them
selves disqualify' voters not paying
their taxes before Feb. 10. Probably
there are thousands in the state who
had not paid their taxes previous to
that date, so what the result will be
with respect to the referendums is
problcmatical.
When interviewed by The Phoenix
Mr. Barber pointed out that he did not
make the law and that the law must
govern as it was framed by the legis-
lature. He was asked for advice by
the secretary of state, and the advice
given extends only to the secretary of
state and is not intended to govern the
acts of any town official. 1t does not
prescribe what course the towns shah
pursue at the meeting to secure a le-
gal vote, as Mr.. Barber is not called
upon to give advice to town officers.
Previous to the last session of the
legislature voter who paid his taxes
before time to vote was entitled to
cast his ballot, but the legislature
changed the statute by specifying Feb.
Is as the time limit That the legisla-
ture must have had something definite
in mind in making the change as to
the qualification of voters is very EVIL
dent, says Mr.. Barber.
This change in the qualification of
voters Mr.. Barber says was not known
to him until the matter of voting on
the referendum laws came to his at
tention. He thought one could vote If
he paid his taxes any time before the
meeting, and he even delayed paying
his own taxes, so that the statute
makes him ineligible, under No. Ill
of the Acts of 1918.
The correspondence between Mr..
Bailey and Mr. Barber is published by
Mr.. Bailey's consent Mr.. Bailey's let
ter was as follows:
secretary's Questions.
Dear Sir: Section 33 of number of
the acts of 1915 and section 80 of III
of the acts of 1915, provide in part
that "all regulations provided by law
for conducting general elections shall
be applicable to the votes provided for
in said acts.
Having in mind the provisions of
section l47 of the public statutes as
amended by certain acts of 1915, and
also having in mind the provisions of
title relating to general elections,
will you kindly advise me respecting
the following:
First:-Is it my duty to prepare full
instructions for the guidance of voters
in regard to obtaining ballots, the man
ner of making them, the method of OBJ
tanning assistance in making such bal
lots, and as to obtaining new ballots
in place of those accidentally spoiled
Second: Is it my duty to cause sucl
instructions, together with such see
lions as provide penalties for offense:
against the purity of elections, to bt
printed in large clear type, on sepa
rate cards, to be called cards of in
structiOn?
Third: Section 35 of No. 4 of thu
acts of 1915 and section 81 of numbe
III of the acts of 1915, provide tina
town clerks shall report to me upol
blanks furnished for that purpose, thu
result of the vote upon the two prop
ositions set forth in said acts.
Having in mind such provisions, il
case the report made to Inc shows OF
the face of the report that no chccl
list was prepared and used as at free
mems meetings, should the report b
accepted by me9
In case oral evidence is presented o
objection made that the so-called cleo
ton is in any way illegal, should tn
report be accepted by me? There
so much confusion about the meanin
of the law and there will be so muc
partisanship that the foregoing ques
lions will surely be raised and there
fore, | wish to be advised correctly i
ample time so that / may be in pc
sition to act promptly when the que'
lions are presented.
The foregoing questions are intende
to raise indirectly the questions as t
whether at the annual March meetin
check list must be prepared and use
in the same manner as at the genert
elections; as to whether a freeman VIII
has not paid his taxes has legal RICH
to vote on the primary and prohibitor
law referendums and not on the |
cense question.
Mr.. Barber's Reply.
In reply Mr.. Barber said: Your lie
ter of recent date, in reference to vo
ing at the next annual town meeting
under No. 4 of the acts of 1915 an
No. III of the acts of 1918, and sui
hitting divers questions and reques
ing that l advise you concerning you
duties in connection Herewith, is +
ceived. | will answer the Inquire