The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-09-23
MAY SWEAR VOTES
IN ELECTION DAY
MOSCOW ATTORNEY QUOTES
LAW OF IDAHO IN REGARD
TO REGISTRATION.

The statement that votes cannot be
''sworn in" on election day and that
unless person is registered he OF
she cannot vote at the November
election disputed by some attorneys
The statement has been frequently
made by election officers and others
who interpret the law in accordance
with recent legislation. Guy Wolfe,
well known attorney of Moscow, has
submitted the following interesting
and instructive letter on the subject.
Mr. Wolfe believes that person may
swear in his or her vote on election
day but advises all voters to register
and thus avoid any controversy. His
ably written article follows:
Editor Star-Mirror:
Z In Mondays Star-Mirror is an ar
ticle calling attention to the registra
tion law, which states among other
things that the new law does not per-
nit the swearing" of votes on cleo
tion day, and that unless they are
registered 20 days before election
they cannot vote.
Aticle VI, Sec. 2, of the State Con-
stitution says:
'sEvery male or female citizen of
the United States, twenty-one years
old, who has actually resided in this
State or Territory for six months and
in the county, where he or she offers
to vote, thirty days next preceding
the election, if registered as provided
by law, is a qualified elector."
Sec. 565 of the Code, says:
GAIL persons offering to vote at
any election are subject to challenge,
but the registration of any electors
name is prima facie evidence of his
right to vote and no person shall vote
unless he is first registered
Section 588, says: Either judge
may administer and certify any oath
required to be administered during !
ar Judge may challenge a voter of |
whose qualifications he is in doubt,
1ut in such case one of the remain
ng judges must administer the /
,ath.'
Section 597 says; s'In case any
person offering to vote is challenged,
me of the judges must declare the
qualifications of an elector to such
person; if the person, so challenged
hen declares himself duly qqalified,
md the challenge is not withdrawn,
me of the judges must then tender
i'm the electors oath as required by
aw."
every person over the age of
years possessing the fol-
owing qualifications shall be emitted
o vote at all elections; he shall be
itizen of the United States and shall
ave resided in this State six months
preceding he election at
yhich he offers to vote and in the
ounty, thirty days"
Our Supreme Court, in Wilson VS..
artlett, 7th Idaho, 271, has held that
egistration is not substantial quail t
caion Of an elector, but is intended /
My, as a regulation of the right of
lffrage. \
In other words the registration law
aw passed for the protection of
le right of suffrage and not a limi-
ltion of it. In the early days of Ida e
}, during the railroad and irrigation S
great many floaters S
ere within the state and at election S
me, was the practice of the parties r
yer possible. To prevent these and is
5her frauds, the registration law r
as passed. n
The constitution declares a regis e
red elector a qualified elector, but S
he by that reason the only elector "
owed to vote The statutes declare p
at registration is prima facie evil e
nee of the right to vote, but, not, tt
at it is he only evidence. / is a N
ubtful question, as to whether or d
It a vote can be sworn in and a de- d
sion of the court will be necessary b.
determine that question. tt
The only disqualfications under the p
atutes are, one who is under guard W
nship, idiotic or insane, or who is W
nvicted Of treason, felony, en- M
zzlement of public funds, or one 81
rtering or offering to barter his tt
te or purchase or offers to pur- 81
ase the vote of another, OF who has be
en- convicted of other infamous st
me and has not been restored to bi
izenship, or any lewd cohabitor or fl