Year: 1870

A Bill to amend and re.enact sections


q, %, 81, "a, 35, 80, and 40 of chapter


8 of the Code, and to repeal section .


of the same chapter, introduced by


Hon. John j. Davis.
Be il enacted by the Legislature Of Vest


Virginia:


That sections 81, 30, 81, 81, 35, 39 and
40 of chapter of the Code be amended
aud re. en- acted so as to read as follows


81. Each registrar shall sit at some
convenient place in his township orI
ward, on the first Monday in August, in
each year, to make correct register of
all the qualified voters therein. He
shall give notice of the time aud place
of such sitting, for at least ten days
previous thereto, by notices posted at
i've or more public places in his town
ship or ward. Every person not regis
tered, claiming right to vote
in such township or ward, shall
apply for registration to such reg
istrar at the time above speci-
fed, or at some other time previous to
the return of the register to the Board
of registration, as hereinafter provided.
No person claimisg to be qualified
voter shall be refused registration by
the registrar of the township or ward in
which he resides.


%. Each registrar shall on the first
Monday in September in each year,
make out, in alphabetical order, and re.
tura to the clerk of the Board of regis
tration of his county, one copy of his
register of voters for each place of vot-
in his township or ward, and ons for the
Board of registration, containing the
names of all the persons who were upon
the register of his township or ward the
last preceding election, except tho names
of such persons as have since
died, or removed from the township or
ward, and such as have since their reg
istration become disqualified to vote
therein; and containing, also, the names
of all other persons who are residents
in his township or ward and claim to be
qualified voter therein, or who will be-
come such at the first election occurring
after the completion of his register, by
reason of age, residence, or otherwise
He shall, upon application, register the
name of any person claiming to be a
qnalified voter in his township or ward,
or of any person who will become
such, as aforesaid, at any time be
fore returning his register to the
Clerk of the Board of Registrations


81. Every registrar shall, before he
returns his register as herein provided,
make and attach to each copy thereof a
certificate to tho following effect
q, registrar, do hereby certify on
my official oath that the foregoing is a
correct register of those claiming to be
qualified voters of my township, or
ward, prepared by ME according to law
Given under my hand this--iay
of -, IS


81. The Board of registration shall
meet at the court houses oftheir respec-
tive counties on the first Monday in
September in each year, to examine the
register of voters returned by the regis.
trars, as hereinafter provided. Upon
such examination any qualified voter in
said county may file with said Board of
registration a suggestion in writing,
verified by his affidavit, alleging that
any person so registered, or any original
applicant for egistratration, is not o
qualified voter in said township (or
ward) Such suggestion shall set forth
with reasonable certainty the ground
of such disqualification Upon
the filing Of such suggestion the
clerk of said board shall issue notice
summoning such person to appear be-
fore said board on some day specified
therein to answer the said suggestion.
Such notice shall be served in the same
manner as other notices may be served
Upon the return day thereof, or on such
day as may have been fixed for the trial
thereof, or TO which the same may have
been continued, the said board shall
hear all legal evidence in regard thereto
that may be offered by either party,
and if the allegations in such sugges-
tion be proved, and they are such as
show that the person so registered is
not a qualified voter in said township,
(or waId) they shall, by an order en-
tered upon their record, direct their
clerk TO strike the name of such person
from the register of voters.


80. The regular meeting of the Board
of registration OF each county shall be
held at the county seat thereof on the
first Monday in October in each year.
If no court is in session on that day,
such meeting shall be held at the court
house; otherwise it shall be held at
some convenient place in the vicinity
thereof, of which notice shall be given
on the same day by proclamation at
the front door of the court house. 1t
shall be the duty Of the said board at
such meeting to determine the cases of
all persons upon whom q notice has
been served, as provided for ia tho pre-
ceding section; and TO receive. act
upon, and decide original applications
for registration, in cases where the ap-
plicant by his own affidavit, or other
wise, shows good cause for not having
made such application to the registrar
of his township or ward. The said
board shall register the said apppli.
cant, unless upon the evidence produced
upon the hearing of such application, it
be shown that such person is not quail
fed yster. No person shall be stricken
from the register of voters by the Board
of registration, unless it be proved by
legal evidence upon the trial of any
suggestion that may have been filed
before them, as provided in the preced-
ing section, that such person is Bot a
qualified voter.


80. The thirty-eighth section Of chap
ter three of the Code of West Virginia
shall be amended and re-eDacted 10 read
as follows: "The Board Of registration
of every county shall have Jurisdiction
to try and determine the right Of any
person TO vote therein under the consti-
tuition and laws of this State, whose
right to vote is questioned"


40. The fortieth section of the same
chapter shall be amended and re-enact
ed to read as follows; "H = -
.s IRON any register OF
voters any name which ought to- be re-
tanned thereon, CT refuse TO enter on
such register the name OF any person
entitled to be registered tnereon, OF
4 e,,ter unon auck register the name Of
n - ,,rr-ors not entitled, every member