Year: 1871

An Act to amend Chapter s Of the Code Of West


Virginia, relating to slec;iuns by the people.
be IL enacted by the Legislature Of IIe'i


TUginia.


Section thirteen of chapter three Of the net
entitled "An act establishing code Of laws
for the State" is hereby amOndcl and rc-cnact-
ed as to read as follows;


"lS. Every officer or person employed In
holding an election, or making returns thereof,
shall. before entering upon the discharge OF
his duties. take an oath that he will support
the constitution Of the United States, and tho
constitution Of this State, and that in the cleo
tion about to be held he will faithfully and
impartially discharge his duties according to
law to the best of his skill and Judgment
The supervisor or any Of the inspectors, or of
the persons acting as Such at any election, or
any other person authorized TO administer
oaths. may administer the said oath 10 the per-
son required to take the same. Any one of
said persons may also administer any oath
necessary to be administered during the hold
ing Of any election, or at the taking Of a poll
to ascertain the sense Of the people upon any
question"


Section twcnty-one, Of chapter three Of said
Code is hereby amended aud re-enacted 50 as
to read as follows;


"2l. No person in the military, naval or
marine service Of the United States, shall be
deemed a resident of this State or Of any couu-
ty. township or corporation thereof, by reason
ofhis being stationed therein"


Section forty-thrce Of the said chapter Of
said act is hereby amended and re-cnacted SO
as to read as follows


"fs. 1t shall bo the duty Of the supervisors
and inspectors Of the elections 10 the several
townships, and Of the officers conducting and
holding the elections in each ward Of n city or
In au incorporated town OF village, voting by
wards, to permit all persons to vote therein
who are constitutionally entitled TO vote at all
elections held within the election districts in
which they respectively reside, and residents
of the township or ward In which they respec-
lively shall offer to vote at the time Of such
offer. and reject the vote Of oil othor persons
offering to vote. Provided, that il the right
Of any person Offering togote shall bochaleng-
cd by any such officer or any other person, and
it shall appear that such person il not minor,
or ii shall not appear that he is paupcr or Of
unsound mind, and shall appear that he has
been a resident Of the State for ono year and of
the county in which lie offers 10 vote for thir
ty days next preceding such offer and is resi-
dent of the township or ward 10 which ho Of
fers to vote, the right Of such person TO vote
shall not be further questioned unless and un-
! ill a written charge Of some specific act Of con-
stitutional disqualification, verified by tho
written affidavit Of n qualified voter, shall be
preferred against the person offering to vote
And the right Of such person to vote shall not
be denied him unless the charge SO preferred
shall be proved by evidence of record, or clear
" established by the oaths Of at least two COM
petent and credible witnesses; and ho shall
not be required in any form 10 criminatc him
self. Any person who shall wifully swear
| falsely 10 any such affidavit on any such acca-
sion, or procure another person 70 do so, he
shall be guilty Of perjury and DO confined IN
| iail ono year and fined not exceeding one thou
sand dollars. And If any such officer aforo-
said shall unlawfully and knowingly permit
any person to vote at any election who is not
entitled to do 80, or unlawfulIy and knowingly
reject the vote Of any person entitled to vote
at any such election he shall be guilty Of a
misdcmcanor, and be fined not less than fifty
nor more than two hundred dollars.


Sections twenty-five to forty-two inclusive,
and fJrty-four TO ffty-cight inclusive Of said
chapter Of said act, arc hereby repealed.