Appeal from decision of registrars (1958 Supp., § 34-116)

All decisions of the registrars shall be subject to appeal, which must be in writing and must be filed with the registrars with 10 days from the date of the decision complained of. Appeals shall be tried by the superior court in the same manner as other appeals. Until the final judgment is rendered, the decision of the registrars shall remain in full force.

Test of qualifications (1958 Supp., § 34–117)

(a) Literacy.-If applicant seeks to qualify on basis of literacy, he shall be required to read aloud and write in English a section of the Constitution of Georgia or of the United States, which shall be selected by the board. If applicant cannot read or write because of physical disability, the section shall be read to him by a member of the board and he shall give a reasonable interpretation thereof.

(b) If applicant seeks to qualify on the basis of his good character and his understanding of the duties and obligations of citizenship under a republican form of government, he shall be given an examination based upon a standard list of questions.

Failure to appear for examination shall be cause for rejection of application or of removal of voter's name from the list. In either event, a new application for registration shall not be received from such person until the beginning of the new calendar year.

Standard list of questions (1958 Supp., §§ 34-118, 34-119)

The standard list of questions shall be propounded orally to an applicant who seeks to qualify on the basis of good character. Applicant, in order to be registered, must give 20 correct answers out of 30. Following are the standard questions:

1. What is a republican form of government?

2. What are the names of the three branches of the United States Government? 3. In what State Senatorial District do you live and what are the names of the county or counties in such district?

4. What is the name of the State Judicial Circuit in which you live and what are the names of the counties or county in such circuit?

5. What is the definition of a felony in Georgia?

6. How many Representatives are there in the Georgia House of Representatives and how does the Constitution of Georgia provide that they be apportioned among the several counties?

7. What does the Constitution of Georgia prescribe as the qualifications of Representatives in the Georgia House of Representatives?

8. How does the Constitution of the United States provide that it may be amended?

9. Who is the Chief Justice of the Supreme Court of Georgia and who is the Presiding Justice of that court?

10. Who may grant pardons and paroles in Georgia?

11. Who is the solicitor general of the State Judicial Circuit in which you live and who is the judge of such circuit? (If such circuit has more than one judge, name them all.)

12. If the Governor of Georgia dies, who exercises the executive power, and if both the Governor and the person who succeeds him die, who exercises the executive power?

13. (a) What does the Constitution of the United States provide regarding the suspension of the privilege of the writ of Habeas Corpus?

(b) What does the Constitution of Georgia provide regarding the suspension of the writ of Habeas Corpus?

14. What are the names of the persons who occupy the following State offices in Georgia?

(1) Governor

(2) Lieutenant Governor

(3) Secretary of State

(4) Attorney General

(5) Comptroller General

(6) State Treasurer

(7) Commissioner of Agriculture

(8) State School Superintendent

(9) Commissioner of Labor

15. How many Congressional Districts in Georgia are there and in which one do you live?

16. What is the term of office of a United States Senator?

17. What is the term of office of a State Senator?

18. What is the county site [sic] of your county?

19. How does the Constitution of Georgia provide that a county site [sic] may be changed?

20. What are the qualifications for jury service in Georgia?

21. What are the names of the persons who occupy the following offices in your county?

(1) Clerk of the Superior Court

(2) Ordinary

(3) Sheriff

22. How may a new State be admitted into the Union?

23. On what day and how often is the general election held in Georgia at which members of the General Assembly of Georgia are elected?

24. What does the Constitution of the United States provide regarding the right of citizens to vote?

25. In what Federal court district do you live?

26. What are the names of the Federal District Judges of Georgia?

27. Who are citizens of Georgia?

28. What is treason against the State of Georgia?

29. In what body does the Constituion of the United States declare that the legislative powers granted in such Constitution shall be vested?

30. How many electoral votes does Georgia have in the electoral college? Outh.-Applicant swears or affirms that he believes that he possesses the qualifications of an elector, that the information he has given is true, and that he has truthfully answered the questions propounded to him, including questions as to whether he was ever convicted of a felony or crime involving moral turpitude (1958 Supp. §§ 34-108, 34-112).

Records of rejected applicants (1960 Supp., § 34-116.1)

In the event an applicant is refused registration by the board, the application of such person and other material and records relative thereto shall be stored with other records of the board or disposed of in such manner as the board may direct, provided, however, that such application shall be retained at least 30 days from the date of refusal.

Penalty for violations

Fraudulent registration.—Any person who shall sign his name or mark to the oath on the registration card and who is not in fact qualified as stated in the oath, or who shall sign more than 1 registration card, or who shall sign a fictitious name, or who shall vote without having registered, or who shall aid another to do any of these acts shall be guilty of a misdemeanor (1958 Supp. § 34-9901).

Illegal voting.-Any person who shall vote more than once or vote out of his county for members of the legislature or for county officers, unless authorized by law, shall be punished by imprisonment and labor in the penitentiary for not less than 1 year nor more than 2 years (Code Ann., 1935, § 34-9904).

Any person under 18 and over 14 years of age who shall vote illegally at any election shall be guilty of a misdemeanor (Code Ann., 1935, § 34-9906).

Violations by registrars.—Any registrar who shall permit any person to sign the voter's oath on the registration card unless such person has actually made the oath shall be guilty of a misdemeanor (1958 Supp., § 34-9902).

HAWAII

Unless otherwise designated, references are to Revised Laws of Hawaii, 1955. Voters' Qulafiications (State Constitution of Hawaii, March 1957, Art. II, §1) Age. 20 years, by next election (as amended by Laws of 1959, Art. 59, § 1 (c)). Citizenship.-Must be a citizen of the United States.

Residence.-1 year in State by election, 9 months by registration and 3 months in district (also Rev. Laws 1955, § 11-8; L. '59 No. 59).

Literacy. Must be able, except for physical disability, to speak, read, and write the English or Hawaiian language (also Rev. Laws, 1955, § 11-8).

Disqualified for voting (§ 11-18, as amended by Laws of 1955, Art. 191, § 1 (h), and by Laws of 1959, Art. 59, §-1 (c))

1. Persons who are non compos mentis.

2. Persons convicted of a felony without having been pardoned therefor and returned to his civil rights (see also § 11-8).

3. Persons who have lost their citizenship.

Registration

Registration is permanent, and must be made in person (§ 11-8, as amended by Laws of 1955, Art. 191, § 1(f), p. 160), but is subject to cancellation for failure to vote in a general election (§ 11-11). If qualified person is unable to appear in person, he may register by securing blank from county clerk, signed by applicant before a notary, and supported by affidavits of at least 3 electors (§ 11-9).

Registration application.-"Applicant shall make and subscribe to an application" in the form of an "affidavit of application for registration" before the county clerk. The applicant then signs the register and the clerk signs after him on the same line.

Included in the affidavit are:

1. Name.

2. Place of birth.

3. Age.

4. Address.

5. Occupation.

6. Statement of United States citizenship.

7. If naturalized, when and where.

8. Statement that he has resided in the Territory or State, or both, for 1 year and in the district for 3 months, or will have so resided by election (as amended by Laws of 1959, Art. 59, § 1(a)).

9. Statement that he is able to speak, read, and write the English or Hawaiian language.

10. Statement that he is not in Hawaii by reason of being in the army or navy of the United States or by reason of being attached to troops in the service of the United States.

11. Statement that he has not been convicted of a felony without having been pardoned and restored to his civil rights.

12. Statement that he swears that foregoing statements are true (§ 11-8, as amended by Laws of 1955, Art. 191, § 1(f), p. 159).

Records of registration.-The several registration boards shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings. Such minutes shall be kept from day to day, and shall contain: (a) the date and place of the meeting; (b) the names of the members of the board present; (c) the name of each person to whom an oath was administered, and, if examination is held, the names of the witnesses and the substance of the answers of the applicant and of the witnesses; (d) the name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered therein; and (e) all other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it (§ 11-22).

Public records. The register of voters and all records appertaining to the registry of voters shall be open to the inspection of any voter (§ 11-74). Penalty for violations

Perjury. Any person who, knowing that he is not entitled to register or to vote, registers or votes, shall be guilty of perjury; and any person wilfully making a false answer or taking a false oath shall be guilty of perjury (§ 11-19).

Illegal voting.-Every person who votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or more than once, is guilty of an election fraud (§ 11-211 (g)), and shall be fined not less than $100 nor more than $1,000, or imprisoned at hard labor not more than two years, or both, and shall be disqualified from voting and from holding office (§ 11-212).

IDAHO

Unless otherwise designated, references are to the 1959 Supplement to the Idaho Code of 1948.

Voters' qualifications (Code, 1947, § 34-401; Const., Art. 6, § 2)

Age.-Must be over 21 years old by election.

Citizenship.-Must be citizen of the United States.

Residence.—Six months in State, 30 days in county next preceding election. To vote at county seat election, must have resided 6 months in county and 90 days in precinct.

Disqualified for voting (Code, 1947, § 34-402; Supp. §§ 34-402 to 34-407; Const.. Art. 6, §3)

1. Persons under guardianship, idiotic or insane.

2. Persons who have at any place been convicted of treason, felony, embezzlement of public funds, bartering, selling or purchasing, or offering to barter, sell or purchase their vote or the vote of another, or of another infamous crime and have not been restored to citizenship.

3. Bigamists, polygamists, prostitutes, or inmates of houses of ill fame. 4. Persons in prison on conviction of a criminal offense.

5. Chinese or persons of Mongolian descent, not born in the United States.

Registration

Registration is permanent, subject to cancellation for failure to vote in last general election (§ 34-807).

Registration shall be either in person, or by spouse, or by mail if qualified elector is temporarily absent from precinct (§§ 34-807, 34-815).

Registration application.-Applicants for registration subscribe to an "Elector's Oath" which contains the following information:

1. Citizenship.

2. Age.

3. Residence.

4. Disfranchisement-that he is not now disfranchised.

5. That he will not violate this oath.

6. That he is not registered in any other part of the State.

7. Loyalty oath.-That he regards the Constitution and laws of the United States and of Idaho, as interpreted by the courts as the supreme law of the land (§ 34-807).

Record of registration (§ 34-807)

Any person who shall alter, destroy, deface, mutilate or secrete any election register or copy thereof or any elector's oath, with intent to enable or deprive any qualified elector of the right to vote or with intent to enable any person, not a qualified elector, to vote, shall be guilty of a misdemeanor (§ 34-807).

After an elector has subscribed to the "Elector's Oath," the registrar enters his name in a register. Such register is a public record and is accessible to any elector who may desire to examine same or make copies thereof (Code. 1948, § 34-808). Such register shall, after the general election, be forwarded to the clerk of the board of county commissioners and such original shall be preserved in his office for 10 years (Code, 1948, § 34–811).

There appears to be no provision, however, for the preservation of the Elector's Oath, except the prohibition in Supp. § 34-807, above, against secretion of same with bad intent.

Literacy. Not prerequisite to voting (see Code, 1947, § 18-2305 which contains penalty for deceiving voter who cannot read).

Penalty for violations

False swearing when challenged. Every person who upon his right to vote being challenged at any election willfully and falsely swears touching his qualifications as a voter is guilty of perjury (Code, 1947, § 18-2302).

Illegal voting.-Every person who fraudulently votes when not qualified or who votes more than once is guilty of a felony, and every person who fraudu lently attempts to do so or who aids or advises another to vote when not qualified is guilty of a misdemeanor (Code, 1947, §§ 18-2306, 18-2307, 18-2304).

ILLINOIS

Unless otherwise designated, references are to Illinois Revised Statutes, 1953, Chapter 46, and to 1960 Supplement thereto.

Voters' qualifications (§§ 3-1, 4-2, 5-2, 6-27; Const., Art. VII, § 1)

Age. Must be over 21 years old by election.
Citizenship.-Must be citizen of the United States.

Residence.-1 year in State, 90 days in county, 30 days in election district next preceding election. An inmate of a soldiers' and sailors' home located in the State of Illinois shall acquire residence in election district in which home is located if it was his intention on entering home to become a resident thereof (§3-3). Residence not lost by Federal or State service (Supp. § 3-2). Disqualified for voting (§ 3-5; Const. Art. VII, § 7)

1. Persons convicted of any crime, the punishment of which is confinement in the penitentiary, or who shall be convicted under any section of the election act if the punishment is confinement in the penitentiary, unless restored to their rights of citizenship.

2. Although there is no express provision either in the Constitution or the Statutes, the vote of a person non compos mentis ought not to be received (Welch v. Shamway, Supreme Court of Ill., 1907, 83 N.E. 549, 558).

Registration

In counties, certain cities and in cities, etc., which so elect, registration is permanent (§4-5; Supp. §§ 4-21, 5-28; Rev. Stats. Supp. § 6-49) subject to cancellation for failure to vote for a period of 4 years (§§ 4-17, 5-24, 6-58). Application must be made in person (§ 4-10; Supp. §5-9; Rev. Stats. § 6-37). No registration is necessary for members of the Armed Forces (§§ 4-23, 5-29.01, 6-67.01 Supp. § 20-1).

Registration application. The registration record card contains information which will properly identify the applicant. The registrar asks the questions and fills in the replies. Included are (Supp. §§ 4-8, 5–7, 6–35):

1. Name and sex.

2. Address.

3. Residence, term of.

4. Nativity.

5. Citizenship, how acquired.

6. Age at next election.

7. Physical disability, if any.

8. County and State in which he was last registered.

9. Signature of applicant.

Oath.--Applicant then signs an affidavit which has been read by him or to him by the registrar in which he affirms his citizenship and period of residence, that he is fully qualified to vote and that all statements on registration card are true ($$ -10, 6-34; Supp. §§ 4-8, 5–7, 6–35).

10. Literacy. Not required. In case applicant is unable to sign his name, he may affix his mark to the affidavit. In such case the registrar shall write a detailed description of the applicant and shall add his father's first name, his mother's first name, from what address he last registered and the reason for his inability to sign his name.

Record of registration.—In case the registration officer is not satisfied that the applicant is qualified, he shall mark the registration card "incomplete" and shall forthwith notify such applicant in writing to appear before the county clerk to furnish further proof of his qualifications (§ 4-10, Supp. § 5-9). Such "incomplete" card shall be forwarded to the county clerk (§ 4-13). The original registration cards shall remain permanently in the office of the county clerk (Supp. § 5-28), but there appear to be no provisions for preservation of "incomplete" cards.

Penalty for violations

Any person who shall willfully interfere with registration shall be guilty of a misdemeanor punishable by imprisonment in county jail for from 6 months in the penitentiary for not less than 1 year nor more than 5 years (Supp. to 1 year, or by fine of not less than $500 nor more than $2,000 or by both (Supp. § 29-2),