Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-03-06
MUST
LIVE 80 DAYS
PRECINCT
Residential Requirements
For Election Explained
By City Attorney.

E"" AS $50 SSNSS
the following letter to w. H. Alex
ander. city auditor:
W. H. Alexander.
City Auditor,
City.
My Dear Mr.. Alexander:
At the next ensuing city election
electors must. vote in the precinct
in which they reside at the ne Of
requirement which is found in Sec
ton 121 Of the Constitution reading
as follows:
Section 12l. every male
person Of the age Of 81 year..
Of the following classes who
shall have resided in the state
one year, in the county six .
months, and in the precinct
ninety days next preceding any :
election. = shall be deemed q
qualified elector at such election,
ETC."
This language is clear and un-
ambiguous and means that an elector
vote in the precinct in which he
lives and that he must have lived IN
such precinct for ninety days next
the election and this con-
struction is in harmony with its pur-
pose which is to prevent the colonial
ton Of the voters.
Constitutional Provision.
The Supreme Law Of the State. the
Constitution, requires that electors
shall reside in the precinct ninety
days next preceding the election for
at least three purposes which might
be stated as follows: .4.
1. That the will Of the per-
manent residents in the precinct
= may not be thwarted by transit
ent or temporary voters therein.
2. That the voter himself
may, during that period, edu-
cate himself Is to the wants of
the precinct and the character
and qualifications of the candi-
dates, and,
8. That the election officers
may have an opportunity to dis -
cover and determine that the
elector is qualified as such. a.'
ill.,, 49, Registration. -
And to aid in calculating these
purposes. registration laws have
been enacted, requiring the voters Of
the precinct to register themselves
with. the election officers for a
definite. specified period prior to the
election: these registers are required
to be posted for public examination
that fraudulent voting may be more
readily detected. Is
Chapter SO Of the 1919 Special
Laws, among other things. provides:
Wherever in the laws Of the State
Of North Dakota. relating to cleo
tons. it Is provided that a person in
order to be a qualified elector at any
I >V~~kS~- -A-Yl H~v,@ ->>$AA :.
the precinct ninety days next ,preced-
is hereby defined and declared to
mean the - . city > in which
the person desiring to vote shall re-
side: and q person shall be deemed tc
be q qualified elector II, having the
either qualifications prescribed by
law, he shall have resided in the state
one year and in the county si1
months, and in such . city . . Z
for ninety days next preceding any
election"
Constitution Unchanged.
It will first be noticed that this act
refers only to the laws of the state
j, and does not pretend to define tn,
word precinct" as used in the con
stitution; we may assume that it il
within the power Of the legislature tt
interpret or construe the laws enact
ed by prior legislatures and, as thu,
construed. to give them prospectiv,
effect as an indirect and circuitou,
method of legislation.
But there Is no possible theory up
on which the legislature has powe
to construe or interpret the con
stitution: that duty and authority
reserved to the court alone, henc,
Oh. 80 of the 1919 Special Session
does not in n way affect the con
s%titutional qualifications Of electors.
'H Evils Prevented. .
To point out and illustrate e tn
evils prevented by the constitutions
requirement that electors must resid
in the precinct in which they yot
for at least ninety days prior to tn
election. I call attention to the fac
} that at the ensuing election there ar
contests for aldermen ii but tn
Second and Seventh wards; there ar
. incumbents in any Of the othe
! wards.
Were it not for the constitution. 4
, would be legal, under Oh. 80 of tn
! 1919 Special Session, for. the voter
J from all Of the other wards in til
city to cast their votes in either til
Second or Seventh wards thereby de
}1eat1ng and annulltng the will an
(. purposes OF the bona-fde- residents Z
those wards: 1t was to prevent ju.
such things. that the constitution,
requirements were declared.
To repeat: No elector has til
right to vote at the coming city eles
ton except In the ward in which h
resides and he must >have reside
therein for at least ninety days ne
preceding the election: the same rul