Crimes not otherwise provided for.-Any person who knowingly and willfully violates any provision of the election law for which no specific penalty is provided shall be guilty of a misdemeanor (Penal Code § 783). Issuance of fraudulent certificate of literacy is a misdemeanor (Penal Code, 1960 Supp. § 777-a). NORTH CAROLINA Unless otherwise designated, references are to General Statutes, Recompiled 1952, chapter 163, and to 1959 Supplement. Voters' qualifications (Supp. § 163-25; Const. Art. VI, § 4) Age. 21 years (§ 163–24). Citizenship.-Must be United States citizen. Residence.-1 year in State, 30 days in precinct, ward or election district. On removal to new precinct, voter may vote in old precinct until he has established residence in new precinct. Literacy.-Must be able to read and write any section of the Constitution in English, except that this shall not be required of persons already registered before effective date of this act (Supp. § 163-28, Stats. §§ 163-32, 163-40). Held constitutional. Lassiter v. Northampton County, June 8, 1959, 360 U.S. 45. Disqualified for voting (§ 163–24) 1. Idiots and lunatics. 2. Persons who have been convicted or confessed their guilt in open court upon indictment of any crime the punishment of which is or may hereafter be imprisonment in the States prison unless such person shall have been restored to citizenship in the manner prescribed by law. Registration In counties having one or more municipalities with a population in excess of 10,000, registration is permanent, subject to cancellation for failure to vote for 6 years (Supp. § 163-31.2). In order to qualify elector for voting, such registration must be made at least 21 days next preceding the primary or general election to be held (Supp. § 163-31.1). In other counties, registration is made before each election (Supp. §§ 163-29, 163–31). Registration shall be made in person (Supp. § 163-31). Absentee voters may register at other times than the general registration period, but they must register in person (§ 163-53). Persons absent in Armed Forces, their wives, veterans in government hospitals, and service civilians may register by mail (Supp. § 163–77.1). Registration application—contents (Supp. § 163-29) Oath-Loyalty Oath.-Applicant swears or affirms that he "will support the Constitution of the United States, and the Constitution of the State of North Carolina not inconsistent therewith"; that he is qualified to vote by age and residence; and that he has not registered for this election in any other ward, precinct, or township. Registration shall contain the following information: 1. Name. 2. Age. 3. Residence. 4. Place of birth. 5. Any other questions which may be material upon the question of identity and qualification of applicant for registration. 6. If he has moved from other district, place he moved from. 7. Party affiliation (§ 163.43). (May refuse to state; but in that case will be unable to vote in primary unless he appears before registrar on primary day and declares his party affiliation (Supp. § 163-46).) 8. Where registration is permanent, applicant signs his name on form (§ 163.43.1). 9. If he cannot read or write, but is qualified under the exception to the literacy requirement, such fact must be stated (Supp. § 163-43.1). Now possibly obsolete by virtue of conflict with later amendment (Supp. § 163-28). Record of registration.-All cases on appeal (from denial of registration) to a county board of elections shall be heard de novo, and the board is authorized to subpena papers and documents relevant to any matter pending before the board (Supp. § 163-28.2). Penalty for violations Any person who shall commit any of the following acts in connection with an election shall be guilty of a felony and upon conviction shall be imprisoned in the State's prison for not less than 4 months or fined not less than $1,000 or both. It shall be unlawful: (1) To fraudulently cause his name to be registered in more than one precinct, or to cause his name or that of another to be registered in a precinct where he is not qualified to vote, or to falsely impersonate a registered person and vote in his stead. (4) For any person knowingly to swear falsely with respect to any matter concerning a primary or general election. (5) For any person disfranchised by conviction of a crime to vote without having been duly restored to the right of citizenship. (6) To take corruptly the oath prescribed for voters, and the person so offending shall be guilty of perjury. (7) To register or vote more than once or to induce another to do so. (13) To falsely make or present any certificate or paper to qualify a person to vote fraudulently (§ 163–197). If any person shall knowingly register under the permanent registration law who is not qualified or shall knowingly take a false oath in registering under same, he shall be guilty of a misdemeanor punishable by fine of not over $1,000 or imprisonment for not more than 5 years (§ 163–203). NORTH DAKOTA Unless otherwise designated, references are North Dakota Century Code Ann., 1960, Title 16. Voters' qualifications (§ 16.0103; Const. Art. V, § 121, as amended June 24, 1958) Age.-21 years or upwards. Citizenship.-Must be citizen of the United States. Residence.-1 year in State, 90 days in county, 30 days in precinct next preceding election. A qualified elector, moving to a new precinct within the State, may vote in old precinct until he establishes residence in new precinct. Literacy. The legislature shall by law establish an educational test as a qualification (Const. of North Dakota § 127). No such law is at present in effect. If voter cannot read English, he may receive assistance from someone designated by him, or from both judges of election (§ 16.1208). Disqualified for voting (§ 16-0104; Const. Art. V, § 127) 1. Persons convicted of treason or felony unless restored to civil rights. 2. Persons under guardianship, non compos mentis or insane. Registration No registration is required except that the governing body of any city or village may require the registration of voters in municipal elections (§ 4021-10). Penalty for violations Every person who having been convicted of bribery or felony, thereafter offers to vote at any election without having been pardoned and restored to civil rights of citizenship is guilty of a misdemeanor (§12-1104). Every person who votes or offers to vote more than once in the same election or when knowing that he is not qualified, or aids another to give his vote when not entitled to vote, or votes or offers to vote in any election district in which he does not reside is guilty of a misdemeanor (§§ 12-1115, 12-1116, 12–1117, 12-1118). Any person violating any of the provisions of the chapter of Revised Code on elections for which another penalty is not specifically provided shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 6 months or both (§ 16-2024). Any person who falsely swears when his right to vote is challenged shall be guilty of perjury and shall be punished accordingly (§ 16-1214). OHIO Unless otherwise specified, references are to Page's Revised Code, Ann, 1960 Replacement. Voters' qualifications (§§ 3503.01, 3503.07; Const. Art. V, § 1) Age.-21 years or over by election. Citizenship.-Must be citizen of the United States. Residence 3.—1 year in State, 40 days in county, 40 days in precinct next preceding election. Inmates of soldiers' homes and of public or private institutions located in the State who have lived there for 1 year prior to election shall be able to vote, if otherwise qualified, in district where home or institution is located (§§ 3503.03, 3503.04). Disqualified for voting 1. Idiots or insane persons (Const. of Ohio, Art. V. § 6) 2. Persons convicted of a felony in Ohio unless conviction is reversed or annulled or unless pardoned (§ 2961.01). 3. Persons imprisoned in the penitentiary of another State of the United States, for a crime punishable by imprisonment in the penitentiary under the laws of Ohio unless pardoned by the governor of such other State (§ 2961.02). 4. Persons convicted a second time of offense under election laws (§ 3599.39). Registration Registration is permanent (§ 3503.07), subject to cancellation for failure to vote at least once in 2 calendar years in any election (§ 3503.25). Such registration is required in every city of 16,000 or over inhabitants. Any other city and any county may elect to maintain a registration system (§ 3503.06). Registration must be made in person (§ 3503.10). Members of armed services desirous of voting by absentee ballot need not be registered (§ 3511.01). Registration application-contents (§ 3503.14) 1. Name. 2. Address. 3. Statement that he is qualified as to age, citizenship, and residence. 4. Citizenship; if naturalized, when and where. 5. Place of residence from which registered. 6. Remarks giving additional information for purposes of identification. 7. Any other information which the board deems advisable. Oath. A form of affidavit is printed at the bottom of the form by which applicant swears or affirms that the statements he made are true to the best of his knowledge and belief; and that he is legally qualified to vote. Literacy. Not required. Any applicant who is unable to sign his name to a registration form shall make a cross which shall be certified by the signing of the name of the applicant by the person filling out the registration form who shall add his own signature and shall also record on form the date of birth of applicant and any other information which may aid in his identification (§ 3503.15). Penalty for violations False registration.-No person shall knowingly register or attempt to register in a precinct in which he is not a qualified voter or by impersonating another or by assuming a fictitious name, or to aid or induce another to so register, or to swear falsely before a registration officer, or to falsely make or fraudulently alter a certificate of registration. The penalty for violation of this section shall be a fine of from $50 to $1,000 or imprisonment for from 1 to 3 years or both (§ 3599.11). Illegal voting.-No person shall vote or attempt to vote in a precinct in which he is not legally qualified or more than once at the same election, or impersonate a voter and vote in his stead. The penalty for violation of this section shall be 8 New voters, if eligible to vote in old State, may vote for President and Vice-President (§ 3504.01 to § 3504.07). a fine of from $50 to $1,000 or imprisonment for from 1 to 5 years or both (§ 3599.12). Inducing illegal voting.-A person who shall counsel or aid another to vote illegally shall be punished by a fine of from $100 to $500 or imprisoned for from 1 to 6 months or both (§ 3599.25). Perjury. A person taking a false oath as to a material matter pertaining to elections shall be guilty of perjury and shall be imprisoned for from 1 to 10 years (§ 3599.36). General penalty.-Whoever violates any provision of the Revised Code pertaining to election for which no penalty is specified shall be fined from $25 to $500 or imprisoned for from 10 days to 6 months or both (§ 3599.40). Second offense.-Any person convicted of violating a provision of the Election title of the Revised Code who is again convicted of an election offense shall be fined from $500 to $1,000 or imprisoned for from 1 to 5 years or both, and, in addition, shall be disfranchised (Supp. § 3599.39). OKLAHOMA Unless otherwise specified, references are to Statutes, Annotated, 1955, Title 26, and to 1960 Supplement. Voters' qualifications (§ 61; Const. Art. 3, § 1). Age. Over 21 years by election (§ 85). Citizenship.-Must be citizens of the United States and citizens of the State, or persons of Indian descent born in the United States. Residence.-1 year in State, 6 months in county, 30 days in election precinct next preceding the election. Literacy. Must be able to read and write any section of the Constitution of Oklahoma; but this shall not apply to any person who was on January 1, 1866. or at any time prior thereto, entitled to vote under any form of government or who at that time resided in some foreign nation, or to a lineal descendant of such person (Const. Art. 3, §4(a)). Held unconstitutional-Guinn v. U.S., 1914, 238 U.S. 347. 1. Persons adjudged guilty of a felony unless citizenship was restored in manner provided by law. Persons convicted of bribery in election shall be disfranchised forever ($ 445). Disqualified for voting (§ 61; Const. Art. 3, § 1) 2. Persons while kept in a poorhouse or asylum at public expense except Federal and Confederate ex-soldiers. Persons receiving old age assistance from the State are not disqualified (Hines v. Winters, 320 P. 2d 1114). 3. Persons in the public prison. 4. Idiots and lunatics. Registration Registration is permanent (Supp. § 93.6; Stat. Ann. §§ 101c. 101e, 102.4, 103.7) subject to cancellation for failure to vote at three successive elections in counties of 200,000 to 325,000 (§ 101e) and in counties of 62,500 to 95,000 (Supp. § 1024 (e)), and in at least one election in 4-year period beginning January 1, 1957, in the other counties (Supp. §§ 93.14, 103.10). Registration must be made in person (Supp. § 93.7; Stats. §§ 101d, 102.3, 102.5; Supp. § 103.8). However, voters in the Armed Forces and their spouses and dependents who are absent from their residence because of such service, may vote without registration (Supp. 8345.1). Registration application (Supp. § 93.7; Stats. §§ 101, 101d, 102.4, 102.5) There is a general provision for a registration form. Forms are also provided for counties of various sizes. The information contained on all is practically the same. Registrar asks questions and fills in applicant's answers. The form described here is the general form contained in Supp. § 93.7: Name Politics_ Oath. The rest of the form is an affidavit in which applicant swears that he is qualified by citizenship, age, and residence, that he believes in and supports the principles of the political party which he has mentioned above. Also included are: 1. Residence, including precinct or ward. 2. Occupation. 3. Color of hair. 4. Color of eyes. 5. Sex. 6 Height. 7. Weight. 8. The names of two qualified electors of his precinct as witnesses to the truth of the facts stated in the affidavit. 9. Whether applicant (a) is a new voter, (b) is transferring his registration, (c) has lost his certificate of registration, or (d) is changing his political affiliation. 10. Signature of voter, witnessed by registrar. Literacy. The section of the State Constitution (Const. Art. 3, § 4(a)) which requires that in order to be qualified to vote a person must be able to read and write any section of the Constitution of Oklahoma unless on January 1, 1866, or at any time prior thereto he was entitled to vote under any form of government or who at that time resided in some foreign nation or unless he is a lineal descendant of such a person, was held to be unconstitutional (Guinn v. United States, 1914, 238 U.S. 347). Penalty for violations Whoever when asked at time of registration as to his qualification for voting shall make a false affidavit shall be deemed guilty of perjury (Supp. § 93.7). Any person who shall violate provisions of law pertaining to registration of voters for the punishment of which no provision is otherwise made by law shall be guilty of a misdeameanor punishable by fine of not more than $500 and by imprisonment in county for not more than 1 year, or both (Supp. § 93.23). It shall be unlawful for any person to register as a voter unless he has resided 1 year in State, 6 months in county, and 30 days in precinct next preceding election (§ 103.22). Any person who casts a vote when not qualified to do so or who procures another to do so when not qualified shall be guilty of a felony punishable by confinement in the State prison for from 1 to 3 years (§ 433). Whoever votes or offers to vote more than once at any election or votes knowing that he is not qualified shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 1 year, or shall be punished by both, and shall be disfranchised for 10 years (§ 475). Whoever is guilty of willful and corrupt false swearing or affirming as to his qualifications as an elector at any election or who procures another to so swear or affirm falsely shall be guilty of a felony (§ 481). Whoever casts an illegal vote at any election shall be guilty of a felony and be disfranchised for 10 years (§ 482). OREGON Unless otherwise designated, references are to Oregon Revised Statutes, Annotated, 1953, as revised through 1958. Voters' qualifications (Const. of Oregon, Art. II, § 2, as amended in 1960) Citizenship.-Must be citizen of United States. Residence.-6 months in State immediately preceding election and must reside in precinct in which he registers. For removal to new precinct see § 247.161. Literacy. Must be able to read and write English; the means of testing such ability may be provided by law. Disqualified for voting (Const. of Oregon, Art. II, § 3) 1. Idiots or mentally diseased persons. 2. Persons convicted of any crime which is punishable by imprisonment in the penitentiary unless otherwise provided by law (also Rev. Stats. § 421.110). Persons while committed to Oregon State Correctional Institution (Rev. Stats. § 421.110). 3. Persons convicted of a felony until such privileges are restored. Application for such restoration may be made 1 year after full satisfaction of judgment (Rev. Stats. §§ 247.220, 247.230). Amendment adopted in 1960 election authorizes provision to be made by law to permit persons, otherwise qualified, who have resided in State less than 6 months to vote for President and Vice President of the United States. For text see H.J. Res. 26, 1959, p. 1546. |