any name other than his real name, or who gives a false address, or who in any Inanner causes himself to be registered when he is not legally entitled to register, or who fraudulently aids or counsels another to commit any of these acts shall be imprisoned in the penitentiary for from 1 to 3 years. In cities of the first class, any person who knowingly causes himself to be registered in more than one precinct, or more than once, or to be registered when he is not entitled to register, or who makes a false oath as to his ability to read or write, or who aids in the commission of any such act shall be fined from $200 to $1,000 or imprisoned in the penitentiary for from 1 to 5 years or both (§ 124.020). LOUISIANA Unless otherwise designated, references are to West's Stats. Ann., 1952, and to 1960 Supplement. Voters' qualifications (§ 18:31, Supp. § 18:31; Const. Art. VIII, § 1, as amended in 1960) Age. Not less than 21 years. Citizenship. Must be citizen of the United States, and of Louisiana. Residence.-1 year in State, 6 months in parish, 4 months in municipality in municipal elections, 3 months in precinct next preceding election. If person moves from one precinct to another in same parish less than 3 months before election he may vote in old precinct. If person moves from one parish to another less than 6 months before election, he may vote in his old parish for State officers. Character. He shall be of good character and shall understand the duties and obligations of citizenship under republican form of government. One who has committed any of the following acts shall not be considered of good character: (1) Has been convicted of a felony and has not received a pardon and full restoration of franchise. (2) Has been convicted and sentenced to a term of 90 days or more in jail for each conviction of more than one misdemeanor, other than traffic or game law violations within the 5 years immediately prior to applying for registration as an elector. (3) Has been convicted and sentenced to a term of 6 months or more in jail for any misdemeanor, other than traffic or game law violations within 1 year immediately prior to applying for registration as an elector. (4) Who has lived with another in "common law" marriage within 5 years from date of registration application, the common law union to be considered in accordance with the definition thereof prescribed by the criminal laws of this State. (5) Has given birth to an illegitimate child within the 5 years immediately prior to applying for registration, provided that this provision shall not apply to mothers of illegitimate children conceived as a consequence of rape or forced carnal knowledge. (6) Has been proven or has acknowledged himself to be the father of an illegitimate child within the 5 years immediately prior to applying for registra tion. (7) The above enumerated acts denoting bad character shall not be deemed exclusive but said bad character may be established by any competent evidence (Const. Art. 8, § 1). Literacy. He shall be able to read and write in the English language, or his mother tongue, and shall demonstrate his ability to do so when he applies for registration by the reading and writing from dictation given by the registrar, or an interpreter duly sworn. any portion of the preamble to the Constitution of the United States, and by making, under oath, written application for registration in English or his mother tongue, which application shall contain the essential facts necessary to show that he is entitled to register and vote, and shall be entirely written, dated, and signed by him, without assistance or supervision from any person or any memorandum other than the prescribed form of the appliction. If applicant is unable to write English, he may, if he so demands, write the same in his mother tongue from the dictation of an interpreter. If he is physically disabled, the same shall be written at his dictation by the registration officer, upon his oath of such disability (Const. Art. 8, § 1). 70784-62-pt. 55 Applicant shall also be able to read any clause in the Constitution of Louisiana or of the United States and give a reasonable interpretation thereof (§ 18:35). Interpretation only, without reading, held sufficient if an applicant otherwise qualified for registration (Op. Atty. Gen'l. 1922–24, p. 592). Whenever an applicant for registration is unable to write his application because of inability to write English but can write only some other language and is not illiterate, he may sign his name to, or make his mark in the presence of two witnesses on, an affidavit stating this. He must in such case bring with him two qualified electors of his precinct to sign written affidavits attesting the truth of the facts set out in the application and accompanying affidavit. It shall be a violation of this law for any elector to sign the affidavit to the application of more than two persons in any 2-year period (Supp. § 18:31 (5)). Inability to read or write, for any reason, of any person who is registered to vote as of November 8, 1960, shall not be grounds for his removal from registration rolls (Const. Art. 8, § 1, as amended Nov. 8, 1960). Loyalty oath.-In order to be entitled to register and vote, a person shall be of good character and reputation, attached to the principles of the Constitution of the United States and of the State of Louisiana, and shall understand and be able to give a reasonable interpretation of any section of either the Federal or State Constitution when read to him by the registrar. He shall be well disposed to the good order and happiness of Louisiana and of the United States and shall understand the duties and obligations of citizenship under a republican form of government. He shall execute an affidavit affirming that he will faithfully and fully abide by all the laws of the State of Louisiana (Const. Art. 8, § 1). Disqualified from voting (§ 18:42; Const. Art. VIII, § 6). (See also under Character, above) 1. Persons convicted of any crime punishable by imprisonment in penitentiary and who have not afterwards been pardoned with express restoration of franchise. 2. Inmates of any charitable institution except the Soldiers' Home and the U.S. Marine Hospital at Carville. 3. Those actually confined in any public prison. 4. All interdicted persons (persons under guardianship). 5. All persons notoriously insane or idiotic, whether interdicted or not. 6. Deserters from military service of the United States or from militia of Louisiana when called forth by the Governor or, in time of invasion, insurrection or rebellion, by the President of the United States until they have returned to the command from which they deserted, made good the lost time and served out term of enlistment. 7. Persons dishonorably discharged from Louisiana National Guard or from military service of the United States unless reinstated. Registration A voter must register every 4 years (Supp. § 18:165) except that in all parishes containing municipalities of more than 100,000 and in other parishes adopting this system by resolution or ordinance, registration is permanent, subject to cancellation for failure to vote in primary or general election within last 2 years if affiliated with a political party, or in a general election within last 4 years if not affiliated (Supp. §§ 18:240, 18:249). Parishes which have adopted permanent registration system may later rescind such action and return to periodic registration (S. Con. Res. No. 7, 2d Ex. Sess., 1960). Applicant must appear in person (§ 1840; Supp. § 18:233). Members of Armed Forces could not register without appearing in person (Op. Atty. Gen'l, 1942-44, pp. 298, 449). Registration application.-Form for registration contains the following information (Supp. §§ 18:32, 235): 1. Citizenship. 2. Name. 3. Place and date of birth. 4. Age. 5. Residence term in State, parish, precinct or ward. 6. That he is not disfranchised. 7. Name of landlord, occupation, color, sex. 8. That he is not a registered voter in any other ward or precinct. 9. Ward, precinct and parish of last registration. 10. Party affiliation.-Applicant need not fill in this space, but failure to do so makes it unlawful for him to vote in a primary (Supp. § 18:33). 11. Whether or not he has been convicted of a felony without receiving a full pardon and restoration of franchise. 12. Whether or not he has been convicted of more than one misdemeanor and sentenced to a term of 90 days or more in jail for each such conviction, other than traffic or game law violations, within 5 years before the date of this application. 13. Whether or not he has been convicted of any misdemeanor and sentenced to a term of 6 months or more in jail, other than for traffic or game law violations, within 1 year before the date of this application. 14. Whether or not he has lived with another in "common law" marriage within 5 years before date of this application. 15. Whether or not she has given birth to an illegitimate child within 5 years before date of this application, except as a result of rape or forced carnal knowledge. 16. Whether or not he has acknowledged himself to be the father of an illegitimate child within 5 years before date of this application. 17. Oath-The above form is filled out, sworn to and subscribed before the registrar (Supp. §§ 18:32, 18:235). Records of registration.-The registrar shall keep in his permanent records the originals of all affidavits made pursuant to any of the provisions of the registration laws (Supp. § 18:235(4)); LSA § 18:91(2)). Registrars shall keep in their principal offices, as permanent records, original applications for registration, filed alphabetically; provided that the registrar, in the event of the erasure of a name, or the disqualification of a registrant, shall remove the original application of the registrant from the file, and shail place the original application of the disqualified voter in a separate file, to be designated as the "closed" or "disqualified" file (LSA § 18:91(1)). These records are public records and shall at all times during office hours be open to inspection by any qualified registered voter (LSA § 18:92). Penalty for violations Fraudulent registration.-No person shall register falsely or illegally or make a false statement in his registration affidavit and no person shall knowingly present an affidavit or other document containing a false statement under penalty of a fine of from $500 to $1,000, or imprisonment for 6 months to 1 year or both. The penalties shall be doubled for succeeding offense of the same character (§ 18:222). Whoever violates any provisions concerning registration for which no penalty is specifically provided or willfully fails to perform an act or duty required by same shall be fined from $100 to $500, and imprisoned for from 90 days to 6 months. The penalty shall be doubled for any succeeding offense (§ 18:221). Whoever shall sign the name of another or fictitious name to any affidavit, document or record pertaining to registration shall be fined from $100 to $500, and imprisonned for from 90 days to 6 months. The penalty shall be doubled for any succeeding offense (§ 18:223). Illegal voting.-No person shall vote or attempt to vote knowing he is not qualified, or vote or attempt to vote more than once or in the name of another or in an assumed name. Violation of this provision (for each offense) or violation of any provision concerning general elections for which a penalty is not provided shall be punishable by fine of not more than $1,000 or by imprisonment for not more than 1 year (§§ 18:588, 18:589). MAINE Unless otherwise designated, references are to Revised Statutes of Maine, 1954, Chapter 3, and to 1959 Supplement. Voters' qualifications (Supp. § 2; Const. of Maine, Art. II, § 1) Age. At least 21 years old by election (Supp. 2, 16). Residence.-6 months in State, 3 months in city, town, or plantation next preceding election. Can vote from old city, town or plantation for 3 months after moving if within State (Supp. § 2). Indians residing on tribal reservation and otherwise qualified shall be allowed to vote, in all State, County, and national elections, including primaries (Supp. Ch. 5, §§ 65-A to 665-C). Literacy.-Unless prevented by physical disability or unless he had the right to vote on January 4, 1893, must be able to read the constitution of the State in English and to write his name (§ 20; Supp. § 2). Disqualified from voting (Supp. § 2) 1. Paupers. (Person receiving wages for employment by city or town, money for which is derived from relief funds, shall not thereby be deemed a pauper.) 2. Persons under guardianship. Registration Registration is permanent (§ 27; Supp. §16). Applicant must appear in person in large cities (Supp. §§ 16, 19). In cities having less than 3,500 inhabitants and in towns, the selectmen, at any regular open session, shall place on the list of voters the name of every person known by them or proved to them to be qualified to vote whether he applies or not (§ 39). Persons physically incapacitated may be registered at their homes (Supp. f16). Armed Forces.-Boards of registration shall place upon the voting lists the names of any citizens who are members of the Armed Forces, whom they judge to be constitutionally qualified as electors (Ch. 7 § 2). Registration application.-Applicant must fill out a form in writing (Supp. § 19), which shall contain the following information (§ 27): 1. Name. 2. Residence on April 1 of registration year or date of his becoming an inhabitant if later. 3. Age. 4. Place of birth. 5. Occupation and place of occupation. 6. Place of casting last vote. 7. Marital status, residence of wife or family. 8. Citizenship; if naturalized, when and where, and proof of naturalization (§§ 22, 27, 40). Oath-There is no specific provision requiring an oath. However, the chairman, at the request of any member of the registration board, shall cause any party er witness appearing before the board to be sworn. Any member of the board may administer oaths (§ 18). Records of registration. The city clerk shall receive in writing the application of any person who appears before him and shall stamp thereon the date on which it is received and shall file it with the board of registration which shall in any epen session take action thereon (Supp. § 19). Board shall have exclusive power to determine qualifications (§ 18). The city clerk shall be the custodian of the records of the board of registration and of the revised and corrected lists of voters. He shall keep for 1 year, the lists prepared by the board for use at any election and shall furnish copies of same upon request of any person and or payment therefor (§ 28). Penalty for violations Fraudulent registration.—Whoever causes his name to be placed upon the list of voters of more than one ward in any city for the same election or aids another in such act shall be punished by a fine of not more than $100 or imprisonment for not more than 11 months (§ 31). Whoever causes his name to be registered knowing that he is not a qualified voter in the place where so registered, or attempts to impersonate another; or gives a false answer to the registration board, or aids another in any such act shall for each offense be punished by a fine of not more than $300, or by imprisonment for not more than 11 months (§ 33). False oath.-Whoever knowingly makes a false affidavit or takes a false oath or signs a false certificate regarding the qualifications of any person for the assessment of a tax or for registration, or interferes with a public officer in the discharge of his duty relating to registration of voters shall be punished by a fine of not more than $300 or by imprisonment for not more than 11 months for each offense (§ 32). Whoever refuses to obey the lawful orders of a board of registration or ob structs its proceedings shall be arrested and punished by a fine of not more than $50 or by imprisonment for not more than 60 days (§ 34). Illegal voting.-Whoever, at any election, knowingly votes in any city, town or plantation where he has no legal right to vote shall be imprisoned for from 3 to 11 months (Ch. 5, § 108). Neglect to enforce literacy test.-Any member of a board of registration who refuses or willfully neglects to require an applicant for registration to submit to the literacy test, or who knowningly prevents the registration of a qualified voter or registers an unqualified voter shall for each offense be punished by a fine of not over $1,000, or by imprisonment for not over 2 years (§ 29). MARYLAND Unless otherwise designated, references are to Annotated Code (Michie, 1957), Article 33, and to 1959 Supplement. Voters' qualifications (Const. of Maryland, Art. 1, § 1; Code, Art. 33, § 19) Age.-21 years by election. Except in Baltimore City and in counties having permanent boards of registration, a person who is a citizen of the United States when he offers to register, and who will become 21 after registration closes but before the general election and is otherwise qualified may vote in the primary election by proving, under oath, to the judges of election his right to registration in the precinct (§ § 20, 35 (a) (see also Barrett v. Taylor, 36 A. 708)). Citizenship.-Must be citizen of the United States. Residence.-1 year in State, 6 months in county or legislative district of Baltimore, and 6 months in election district if county or city is divided to form portions of different electoral districts, next preceding the election. Literacy.-Not required. If applicant for registration cannot sign his name, he shall state his inability to do so, and the officers shall make the entry "Cannot write" in the place of such signature and shall follow said entry by a brief notation of applicant's height, color of eyes, and other distinguishing physical marks (§ 23 (d)). Disqualified for voting (Const. of Maryland, Art. I, § 2) 1. Persons over 21 convicted of larceny or other infamous crime unless pardoned by Governor. 2. Persons under guardianship, as lunatics, or as persons non compos mentis. Registration Registration is permanent in certain specified counties, in Baltimore City, and in any other counties which may so elect, subject to cancellation for failure to vote at least once in a primary, general, or special election within the 5 preceding calendar years (§ § 17, 18, 25 (b), 35, 36, 40(b), 45). Applicant must appear in person except that absent residents who are members of the Armed Forces, merchant marine, and certain specified service organizations may be registered from the information appearing on their absentee ballots (§§ 21, 23, 246). |