The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-05-31
Judge Explains
Election Aspect


Figures" the apportionment of the lille
gal votes between Frank Symmonds
and Morris Barnett is shown. Both
are quoted verbatim and are included
in Judge Bedlen's lengthy decision in
the district attorney contest.)
No question is raised but that the
persons who voted were qualified
electors. But is it questioned whether
all electors who voted were legally en-
titled to have their ballots received
and counted Section GA of the Stat
utes provides that in every city having
a population of five thousand or more,
a registry of electors shall be made in
every election district thereof. Section
Gle provides that the persons author
lied by law to act as inspectors OF
election, in any election district con-
stitute the Board of Registry there
for. Also, that every primary election
day and the Tuesday next preceding
shall be registration days in every
election district, where both registra-
ton and primary are required to pre-
cede an election. At its first meeting
the Board is required to make a regist-
ry of all electors residing in its dis
trict, placing thereon the full names,
Alphabetically arranged, giving the
residence by number and name of
street. The poll lists kept at the last
preceding general and municipal cleo
tions sSall be delivered to the Board
for use in making such registry, which
shall contain the names of all persons
residing in the district who appear on
said list, together with the name of
every person known by the Board to be
an elector of the district, and also the
name of every person who shall on any
registration day appear and file an
affidavit stating that he is qualified
elector in such district and giving his
place of residence. The Board shall
complete the registry, as far as pract-
icable, at its first meeting and make
necessary corrections at every subse-
quent meeting. The proceedings are
open and all electors of the district
are entitled to be heard in relation to
corrections or additions to the registry.
Within two days after every primary,
the Board shall file, its registry and
said poll lists in the Office of the City
Clerk, who shall cause to be posted in
public places six copies thereof. The
Board shall hold its final meeting on
the Tuesday next preceding general
November election, and on no other
day. 1t shall then revise and correct
the registry:
(a) By erasing the name of any per-
son proved to it's satisfaction to be
not qualified to vote at said election.
! (b) By entering the name of every
person qualified, except as to age to
vote at such election if such person
continuing to live will be 21 years on
or before the day of such election.
Co By entering thereon the name of
every elector entitled to vote at such
election who shall appear personally
and request, or make application in
writing in the manner prescribed by
law, that his name be registered. No
name shall be added to said registry
after it has been fully completed at
said final meeting, and within five
days thereafter the Board shall post
copies thereof in five or more public
places in the district The registration
list issued at the last preceding gener-
al election may be used by the inspect
ors to aid them in making the registry.
Thus it is seen that provisions have
been carefully madei for affording
every qualified elector the opportunity
to exercise his constitutional privilege.
1t is claimed by counsel for sdefendent
that the primary poll list is, in effect,
a registry, but no sanction is found in
the law for that view. The primary
poll list, as we'll as all other sources
of information, may be used by inspect
ors TO aid them in making the registry,
but such list is not itself registry
such as is required by law.
The lists of electors are prepared
and posted. Public notice is given of
the names listed by the election ofic-
ials as electors of the election district
Any person may appear and suggest
corrections and additions. The right to
vote is the scared constitutional right
of every elector, but in order to enable
him to have his ballot received and
counted he must comply with the
statutory provisions precedent to ex-
ercising that RICH. Otherwise he may
not vote.
The voting procedure, which the
courts have repeatedly decided the
legislature is authorized to prescribe
in order to entitle the electors ballots
to be received and counted is as fol-
lows:
(1) On general election day the in
spectors shall designate two of their
number, at the opening of the polls,
who shall check the name of every
elector voting in such district whose
name is on the registry. Any person
whose name is not on the registry, but
who is a qualified elector therein,
shall, Notwithstanding, be entitled to
vote at such election upon the com
piance with the following provision,
and not otherwise, namely: He shall
at the time he offers his ballot, deliver
to the inspectors his affidavite in
which he shall state that he is resi-
dent of the election district in which
he offers to 'vote,s naming the same,
that he is entitled to vote therein, that
he has resided in said election district
ten days next preceding said election,
giving the street and number of his
residence, that he is citizen of the
United States, that he is twenty-one
years of age, and that he has resided
in the state one year next preceding
said election, Said affidavit shall be
substantiated by the affidavit of two
free-holders electors in such district,
corroborating all the material state
ments therein. No one freebooter shall