disability. This shall not apply to persons who voted in 1903, nor to persons who were 60 years old or over on January 1, 1904 (Const. of New Hampshire, Part First, Bill of Rights [Art.] 11th; Rev. Laws § 55:10). Applicant shall draw a slip from a box which slip shall contain five printed lines of the Constitution (§§ 55:11, 55:12).

Special head tax.-Abatement of the special head tax (levied for 1959 and 1960) because of undue hardship is declared not to preclude one from voting (Laws of 1959, Ch. 8, § 8:18).

Disqualified for voting

1. Persons convicted of treason, bribery, or any willful violation of the Federal or New Hampshire election laws unless restored to privileges of an elector by the supreme court on notice to the attorney general (Const. of New Hamp shire, Part First, Bill of Rights, [Art.] 11th; Rev. Laws § 69:13).

2. Paupers unless they tender payment of reasonable expense incurred by town or county. No person shall be considered a pauper who is receiving public assistance for which Federal funds are available, or unless he has been assisted as such without 90 days prior to election (§§ 54:1, 54:2, 54:5).

3. Person excused from paying taxes at his own request unless he tenders payment of all taxes assessed him during the year prior to his offer to vote (§ 54:4). No soldier or sailor who served in a war in which the United States was engaged and has been honorably discharged shall be deprived of his right to vote by reason of having received assistance from any town or county (§ 54:3).

Registration

Registration is permanent and must be made in person (§ 55:5 through § 55: 9). Members of the Armed Forces may be registered from information appearing in affidavit on outside of absentee ballot envelope (§ 60:23). Although there is an absent voting law, absent voter's name must have appeared on registration list in order that he may vote by absent ballot (Supp. §§ 60:2 II, 60:4).

Registration application-contents.-The qualifications of an applicant shall be determined by the supervisors of the checklist (registration list) who shall examine him under oath relative thereto, and shall, unless he is prevented by physical disability, or unless he had the right to vote or was 60 years old or over on January 1, 1904, require him to write and read in such a manner as to show that he is not being assisted and is not reciting from memory. (See under Literacy, above). Applicant may be required to produce birth certificate or naturalization papers (§ 55:9 to § 55:14).

Preservation of records.-There appears to be no provision for the preservation of the actual test and its results when given to an applicant who was denied registration.

Penalty for violations

If any person shall be guilty of an offense against the election laws for which no pentalty is specified, he shall be fined not more than $100 (§ 69:6).

If any person shall, at any election, turn in more than 1 ballot, or shall attempt to vote more than once, or shall apply for a ballot in any name other than his own, or shall vote when not qualified, or shall give a false name or answer to the board of supervisors when registering, he shall be fined from $50 to $500 (§ 69:8).

NEW JERSEY

Unless otherwise designated, citations are to Statutes, Annotated, 1937. Title 19 and to 1960 Supp., Title 19.

Voters' Qualifications (Const. of New Jersey, Art. 2, § 3: see also Supp. §§ 19:4-1 and 19:31-5)

Age.-21 by election.

Citizenship.-Must be citizen of United States.

Residence.-6 months in State, 60 days in county next before election. In any election, except primary, held in cities of fourth class having a population of not more than 20,000, voter must have resided 15 days in city prior to election (§ 19:4-3). For more than one residence, see Supp. § 19:4-4.1 to $19-4-4.6. Disqualified from voting (Const. of New Jersey, Art. 2, §§ 6, 7; Supp. § 19:4-1) 1. Idiots or insane persons.

2. Persons convicted of blasphemy, treason, murder, piracy, arson, rape. sodomy, or the infamous crime against nature committed with mankind or

beast, robbery, conspiracy, forgery, larceny of $200 or more, perjury or subor nation of perjury unless pardoned or restored by law to the right of sufferage. 3. Person convicted after October 5, 1948, or who shall be convicted of bigamy or who shall be convicted of the crime of burglary or of any offense described in chapter 94 of title 2A (Burglary and Like Crimes), or section 2A:102–1 (Embezzlement by public officers and employees), or section 2A:102-4 (Embezzlement by officers or employees of banks) of the New Jersey Statutes, or described in sections 24:18-4 and 24:18-47 of the Revised Statutes (Uniform Narcotic Drug Law) unless pardoned or restored by law to the right of suffrage.

4. Persons convicted of violation of election law for which criminal penalties were imposed or are imposed if such person was deprived of such right as part of the punishment therefor according to law unless pardoned or restored by law to the right of suffrage.

Registration

Registration is permanent (Supp. § 19:31-1.1), subject to cancellation for failure to vote at any election for 4 consecutive years (Supp. § 19:31-5).

Registration must be made in person (Supp. § 19:31-6). Person who, due to chronic or incurable illness or to total incapacity, cannot appear in person may be registered at his home or place of confinement by a clerk appointed for that purpose (Supp. § 19:31-6). Registration is not required of persons in armed services (Supp. $8 19:57-3, 19:57-9). Although an absent civilian can vote by absentee ballot, he must have been registered in person (Supp. §§ 19:57-3, 19:57-7). Registration by mail is specifically prohibited (Supp. § 19:31-6). Registration application-contents (Supp.§§ 19:31-3, 19:31-6) Oath.-Applicant subscribes to oath or affirmation that he will fully and truly answer such questions as shall be put to him touching his eligibility as a voter. Upon being sworn, applicant shall answer the following questions, and registrar shall fill out the forms, which applicant shall sign:

1. Name.

2. Address.

3. Applicant's statement that he is qualified by age, citizenship, and term of residence.

4. Whether native-born or citizen by naturalization.

5. Address from which he registered last.

6. Signature or mark of applicant.

Literacy. If applicant is unable to sign his name, he shall make a mark, and the following additional questions shall be answered:

(a) Full name.

(b) Father's full name.

(c) Mother's full name. (d) Marital status.

(e) Previous address.

(f) An oath or affirmation that foregoing statements are true.

Penalty for violations

Any person who shall cause his name to be registered in more than one election district or in an election district in which he knows he is not qualified to vote shall be punished for each such offense by a fine not exceeding $1,000 or by imprisonment not exceeding 5 years or both (§ 19:34-1).

Any person who shall willfully or fraudulently register more than once, or register under any but his true name, or in any election district where he is not a resident, or who violates any provision of the election law (title 19) shall be guilty of a misdemeanor (§ 19:34-1).

If a person convicted of a crime which disfranchises him shall vote at any election unless he shall have been pardoned or restored by law to the right of suffrage, he shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding $200, or imprisonment at hard labor not exceeding 2 years or both (§ 19:45-4).

Every person who fraudulently votes when not entitled to vote, or who votes more than once at an election, or hands in more than one ballot, or who personates a person legally entitled to vote, or who attempts to do any of these acts shall be guilty of a misdemeanor (Supp. §§ 19:34-11, 19:34-12).

Whoever shall solicit the registering of his name in any election district knowing he is not a legal voter in such district, or shall aid or advise another to do

70784-62-pt. 5—6

so knowing such other is not a legal voter in such district, or at an election votes or attempts to vote more than once in his own name or under any name than his own or in more than one election district or to cast more than one ballot, or shall aid or advise another to do any of these acts shall be guilty of a misdemeanor punishable by a fine of $500, or imprisonment in State prison for 3 years or both (§ 19:34-20).

NEW MEXICO

Unless otherwise designated, references are to Statutes, 1953, chapter 3, and to 1959 supplement.

Voters' Qualifications (Const. of New Mexico, Art. VII, § 1; Stats. § 3-2-51) Age.-Over 21 years.

Citizenship.-Must be citizen of United States.

Residence.-12 months in State, 90 days in county, 30 days in precinct next preceding election.

Literacy. Not required. The right of any citizen to vote shall never be restricted, abridged or impaired on account of religion, race, language or color, inability to speak, read or write English or Spanish languages except as may be otherwise provided in the Constitution; and the provisions of this section and of Section 1 of this article (qualification of voters) shall never be amended except upon a vote of the people of this State at an election at which at least three-fourths of the electors voting in the whole State, and at least two-thirds of those voting in each county of the State, shall vote for such amendment (Const. of New Mexico, Art. VII, § 3).

Disqualified from voting (Const. of New Mexico, Art. VII, § 1; Stats. § 3-2-51) 1. Idiots and insane persons.

2. Persons convicted of felonious or infamous crimes unless restored to political rights.

3. Indians not taxed."

Registration

Registration is permanent (§ 3-2-9), subject to cancellation for failure to vote at the two last preceding general elections (Supp. § 3-2-21 (4)). Registration must be made in person. A person serving in the military forces, a person in the merchant marine, a person in civilian U.S. service outside U.S. territorial limits, and their spouses and dependents may give a close relative a power of attorney authorizing such person to register him or her (Supp. § 3-2-6). A person temporarily out of the county or State during the registration period may register by sending the required affidavit to his county clerk by registered mail (Supp. § 3-2-16).

Registration application—contents (§ 3-2-7)

Oath.-Application is in form of an affidavit which is sworn to and subscribed by applicant. It contains the following information:

Name Statement that he is qualified by age, citizenship, and residence; and 1. Party affiliation (may decline to state).

2. Address.

3. Place of birth.

4. That he is not registered in any other county in the State.

5. County in which he was last registered.

6. That he cannot mark his ballot (if so), and reason why.

7. Height, weight, color of eyes, color of hair, social security number.

8. If applicant resides within corporate limit of any city, town, or village name of such city, town, or village.

Literacy. If any person seeking to register shall be unable to read or write either the English or Spanish language, the application shall be filled out by one of the registration officers, and applicant shall make his mark and swear to same before two witnesses who shall be qualified voters of the county (§ 3-2-11). Penalty for violations

Any person who makes any false sworn statement or affidavit to procure reg istration of himself or another knowing the same to be false shall be guilty of a felony and punished by imprisonment in the penitentiary for 1 year (§ 3-8-2).

2 Declared unconstitutional. Trujillo v. Garley, August 11, 1948, USD CT for New Mexico File No. 1353 Civil (not reported).

It shall be unlawful for any warden, sheriff, or jailer to permit any prisoner or convict to vote. Violation of this provision is punishable by a fine of from $100 to $500 and by imprisonment in the county jail for not more than 6 months (§ 3-8-3).

Any person of whom an oath shall be required under the provisions of the election code who shall willfully swear falsely shall be punished by a fine of from $100 to $1,000, and by imprisonment in the State penitentiary for from 1 to 5 years (§3-8-7).

Any person knowing himself to be not a qualified elector who shall vote or offer to vote at an election, or who shall vote or offer to vote under a name other than his own, or under a fictitious name, or in any other precinct than that in which he resides, or more than once at an election, or shall induce or advise another to do so shall be punished by fine of from $100 to $1,000, and by imprisonment of from 1 to 3 years (§ 3–8–18).

NEW YORK

Unless otherwise designated, references are to Election Law (McKinney's) 1949, and to the 1960 Supplement.

Voters' qualifications (§ 150; Supp. § 352; Const. Art. II, § 1)

Age.-21 years on election day.

Citizenship.-Must be U.S. citizen at least 90 days prior to election.

Residence. I year in State, 4 months in county, city, or village, 30 days in election district next preceding the election.

Literacy.-Unless he became entitled to vote prior to January 1, 1922, must, in addition to above qualifications, be able to read and write English unless prevented by physical incapacity. (See also Supp. § 367.)

Disqualified from voting (§ 152; Supp. § 152)

1. Persons who shall pay or receive or offer to pay or receive money or thing of value for giving or withholding a vote at an election, or for registering or refraining to register as a voter, or who shall make any promise to influence the giving or withholding of any such vote or registration, or shall make or become directly or indirectly interested in any bet or wager depending on the result of an election shall not vote at such election.

2. Persons convicted of a felony pursuant to laws of New York shall not have the right to register or vote at any election unless previously pardoned or restored to civil rights of citizenship by the governor or unless awarded a certificate of good conduct granted by the board of parole pursuant to the provisions of the executive law to remove the disability under the section because of such conviction. The governor, however, may attach as a condition to any such pardon a provision that any such person shall not have the right of suffrage until it shall have been separately restored to him.

3. Persons convicted of a felony in a federal court if offense would constitute felony under laws of New York unless pardoned or restored to the rights of citizenship by the President of the United States.

4. Persons convicted of a felony in a federal court for an offense of which such court has exclusive jurisdiction unless pardoned or restored to the rights of citizenship by the President of the United States.

5. Persons convicted in another State for a crime which would constitute a felony under the laws of New York unless restored to the rights of citizenship by the governor or other appropriate authority of such other State.

6. Persons who have been adjudged incompetent or committed to a mental institution by judicial authority unless thereafter adjudged competent or found to have recovered and discharged from the institution.

Registration

Voter must register in person before every general election in cities or villages having 5,000 inhabitants or more (§§ 153, 154; Supp. §§ 153, 154). In election districts outside of cities and villages of 5,000 or more inhabitants registration is permanent, subject to cancellation for failure to vote at a general election within a 4-year period (§ 157; Supp. § 157-a). A qualified voter in such an election district may apply, but is not required to apply in person to be registered (§ 157). Veterans and their spouses, parents, or children, who are inmates of a veterans' bureau hospital in the State may be registered by inspectors of election who will call at the hospital. If the hospital is located outside the State, the signing of his name to an application for an absentee

ballot by a veteran, spouse, parent or child of such veteran accompanying him shall constitute personal registration (§ 155; Supp. § 155; see also Laws of 1960, Ch. 647). A voter who expects to be unavoidably absent from his resi dence on the day of the next general election by reason of being in federal service, a member of the armed forces, a teacher or student in an institution of learning outside the county, or outside the county on business may register by mail (Supp. § 117(7); Supp. § 153-a). For registration of military voters see Supp. § 305 as amended by Laws of 1961, ch. 198.

Permanent registration. The city of New York, the city of Plattsburgh, the city of Watertown, and any county or any city of over 5,000 outside the city of New York may, by local law, elect to adopt a permanent registration system (Supp. § 350). In such cases registration shall be in person except for absentee veterans (Supp. § 155) and for absentee voters (Supp. §§ 117(7), 153–a) mentioned above. Permanent registration shall be subject to cancellation for failure to vote at any general election for 2 years (Supp. § 405. For checks on permanent registration, or against fraudulent practices, see Supp. §§ 390-399.

Registration application—contents (Supp. §§ 165 (in city of over 1 million). § 166 (personal registration outside city of over 1 million), § 166-a (registration not required to be personal) §360).

Oath. There appear to be provisions for taking an oath only in case of a challenge (§ 224; Supp. § 225). Following is form of register in cities of over 1 million inhabitants:

1. Has voter previously voted at a general election in New York State?

2. Enrollment number for party affiliation. Voter is enrolled in party of his choice by registration board at time of registration (Supp. § 173). 3. Sex.

4. Name of political party with which voter enrolls.

5. Address.

6. Name.

7. Age.

8. Marital status.

9. Term of residence.

10. Country of nativity.

11. If naturalized, how, when, and where.

12. Name of landlord.

13. Year when voter last registered, name of State and city or town.

14. Address from which voter last registered or voted.

15. Name and address of business or place of employment.

Oath. Last line of register reads "the foregoing statements are true." The applicant signs his name under these words.

Literacy test.-All new voters must pass a literacy test, given under provisions made by the board of regents of the State of New York. However, a certificate or diploma showing completion of an eighth grade elementary or higher school in which English is the language of instruction or certificate of honorable discharge from Armed Forces of United States, shall be accepted as evidence of literacy (Supp. § 168, as amended by Laws of 1961, Ch. 648).

Denial of registration.-A voter who claims he has been unlawfully denied registration shall apply within 2 weeks after last day of registration, personally to board of elections, which, upon proof that he is qualified, shall direct its clerks to register him (§ 177 as amended by Laws of 1961, ch. 649).

Penalty for violations

False registration.-Any person who registers or attempts to register as a voter knowing he will not be qualified in that district at the election, or who registers or attempts to register in more than one election district or more than once in the same district, or under any name other than his own, or knowingly gives a false address, or knowingly permits, aids or advises another to commit any such act is guilty of a felony punishable by imprisonment in a State prison for not more than 5 years (Penal Code § 752).

False affidavit.-An applicant for registration who makes any false statements in any affidavit in connection with registration or voting or who knowingly takes a false oath before a board of inspectors of election shall be deemed guilty of perjury (Penal Code § 754 (2)).

Illegal voting-Any person who votes or attempts to vote or aids or counsels another to vote illegally or fraudulently shall be guilty of a felony punishable by imprisonment in a State prison for not more than 5 years (Penal Code § 765; 1960 Supp. § 765).