Imagini ale paginilor
PDF
ePub

Registration

Registration is permanent, subject to cancellation for failure to vote in at least one election held in county within 2 years (§§ 247.171, 247.251, 247.290). Registration must be made in person (§ 247.031). Persons who are ill may be registered at their homes (§ 247.031). Absent voters may register by mail (§ 247.111 as amended by Laws of 1959, ch. 274). For members of the armed services and for Federal employees abroad, the oath on the return envelope of the absentee ballot shall constitute complete registration ($253.600); and such registration shall not be subject to cancellation while voter is in the Armed Forces (§ 247.280). A registered voted may vote in person for State and district officers in precinct or county other than his own (§ 253.210).

Registration application—contents (§ 247.121)

Oath.-Applicant must supply the following information under oath or affirmation which registrar shall enter on form (§ 247.171).

1. Name and sex.

2. Address, post office.

3. Name and number of precinct.

4. Residence, term of, and definite location of residence. 5. Place of birth.

6. Parents' full names and spouse's name.

7. Occupation or profession.

8. Whether naturalized, and if so, how, when, and where.

9. Party affiliation. He may decline to answer this. Affiliation may not be changed within 30 days prior to primary (§ 247.201).

10. Signature witnessed by registrar (§ 247.171).

Literacy. If applicant has not been previously registered in the State, he must be able to read and write English. He may be required to demonstrate such ability by reading a paragraph of his own choosing from any available printed matter and by signing his name (§ 247.131).

Denial of registration. There appears to be no provision for preservation of application when registration is denied (see § 247.171). On denial, applicant may apply to county clerk for a hearing (§ 247.141).

Penalty for violations

Any person who makes a false statement in his registration or re-registration affidavit is guilty of false swearing punishable by a fine of not more than $5,000 or by imprisonment in the penitentiary for not more than 2 years or by both (§§ 247.171, 247.991).

No person shall willfully or fraudulently register more than once, or register a fictitious name, or attempt to vote more than once at any election. Violators of this section shall be guilty of impersonation punishable by imprisonment in the penitentiary for not more than 3 years (§ 260.320).

No person shall wilfully or fraudulently register more than once, or register under any but his true name, or attempt to vote by impersonating another, or willfully register in any precinct where he is not a resident at the time of registering. Violation of this section is punishable by a fine of not less than $25 nor more than $2,000 or imprisonment in the penitentiary for not more than 3 years or both (§ 260.610).

No person shall vote or offer to vote at any election knowing he is not entitled by law to vote thereat, nor vote or offer to vote at any poll or in any precinct knowing he is not entitled to vote there. Violation of this section is punishable by a fine of from $100 to $500 or by imprisonment in the county jail for from 3 months to 1 year (§ 260.710).

PENNSYLVANIA

Unless otherwise designated, references are to Purdon's Statutes, Ann., 1938, Title 25, and to 1960 Supplement.

Voters' Qualifications (§ 2811; Const. Art. VIII, § 1, as amended in 1959) Age.-21 years by election (see also Supp. § 623-21).

Citizenship.-Must be citizen of the United States at least 1 month. Residence.-1 year in State (or 6 months, if native of State or previously qualified voter who has removed and returned) immediately preceding election, and 60 days in election district immediately preceding election. If qualified

voter removes to new election district within 60 days before election, he may vote in old election district.

Disqualified for voting (§ 3552)

Any person convicted of willful violation of any provision of the Election Code shall, in addition to any penalties provided in said Code, be disfranchised for 4 years from the date of conviction (also Const. of Penna., Art. 8, § 8).

Registration

Registration is permanent (§ 623-1; Supp. § 623-21) subject to cancellation for failure to vote at any election during 2 calendar years (Supp. § 623–40). Applicant must register in person (Supp. §§ 623–17, 623-20). However, persons in actual military service and bedridden or hospitalized veterans may vote regardless of whether they are registered or enrolled (Supp. §§ 3146.1, 3148.1).

Registration application-contents (Supp. §§ 623-19, 623–20)

Oath. Registration form contains an affidavit which applicant signs in which he swears or affirms that he is legally qualified to vote as to age, citizenship, and residence, that the statements made in connection with his registration have been read by him or to him, and that they are correct. Statements containing the following information:

[blocks in formation]

10. Whether he is entitled to receive assistance in voting because, by reason of illiteracy, he is unable to read the name on the ballot or on the voting machine labels.

11. Party affiliation.

12. Height.

13. Color of hair.

14. Color of eyes.

15. Date of birth, or statement that he has attained majority (if date of birth is not material for naturalization through parent).

16. If naturalization is through marriage, date of marriage.

Literacy-not required (see item 10 above).—If applicant is unable to sign his name due to illiteracy, he shall file with registrar an affidavit of his inability to sign his name and shall present affidavits of two electors who are personally acquainted with him and know his qualfications as an elector, as to residence and statements contained in registration affidavit (§ 623–20(e)). Penalty for violations (§ 623-45)

(a) Any person who willfully disobeys a lawful order of the commission or of a commissioner or refuses to obey its subpenas shall be guilty of a misdemeanor punishable by a fine not exceeding $500.

(b) Any willful statement made under oath to a registrar, regarding any subject being heard by registrar shall be perjury punishable by fine of not over $500, and imprisonment for from 3 months to 2 years (in cities of first class, penalty is $500 fine, or imprisonment for not more than 2 years or both).

(c) Any registrar who knowingly registers a person not entitled to registration or who, without reasonable cause, refuses to register a person entitled to be registered, shall be guilty of a misdemeanor, punishable by a fine of not over $1,000, by imprisonment for not over 5 years, or both.

(d) Any person who applies for registration knowing that he is not qualified, or under address which is not his legal residence, or who falsely impersonates another, or who offers false naturalization papers shall be guilty of a misdemeanor punishable by fine of not over $1,000 and by imprisonment of from 3 months to 3 years (in cities of the first class, penalty is either a fine of not over $1,000, or imprisonment of not more than 3 years).

Any person who shall violate any provision of the Election Code for which a penalty is not specifically provided shall be punished by fine of not over $1,000 or imprisonment for not more than 1 year or both (§ 3550).

RHODE ISLAND

Unless otherwise designated, references are to General Laws, 1956 and to 1960 Supplement.

Voters' qualifications (Const. of Rhode Island, Art. XXIX and Art. XXIV of
Amendments; General Laws, Supp. § 17-1-3)

Age.-21 years by election (Supp. § 17-9-7).
Citizenship.-Must be citizen of the United States.
Residence.-1 year in State, 6 months in town or city.

Disqualified for voting (Const. of Rhode Island, Art. XXIV of Amendments) 1. Paupers.

2. Lunatics, persons non compos mentis, or persons under guardianship. 3. Persons convicted of bribery or of any crime deemed infamous at common law, until expressly restored to privileges of suffrage.

4. Persons residing on lands ceded by Rhodse Island to the United States (Const. Art. II, § 5). For enumeration of ceded lands, see § 42-1-3.

Registration

All persons are required to register in order to vote (Const. Amend. 29, § 1: Supp. § 17-9-1). Registration is permanent, subject to cancellation for failure to vote at least once at an election within 5 years (Const. Amend. 29, §1). Registration must be made in person (Supp. § 17-9-7). Members of the armed services and their spouses and dependents residing with them out of the State may register by mail (Supp. § 17-9-11) and registration shall be exempt from cancellation during the period of service and for 2 years thereafter (Const. Amend. 29, § 1). Persons unable to register because of old age, physical disability, or illness may register by mail (Supp. § 17-9-10).

Registration application-contents (Supp. §§ 17-9-6 to 17-9-9)

Applicant shall furnish information which shall be recorded by registrar or registration card:

1. Date of registration.

2. Name.

3. Address.

4. Place of birth.

5. Term of residence.

6. Last prior address outside city or town.

7. Appropriate date relative to naturalization.

8. In towns (as distinguished from cities) data relative to qualifications required for voting on any proposition to impose a

9. Oath.-Applicant signs his name under the statement "I hereby certify that the information recorded on this form is true." An affidavit is required when identity of voter is challenged at polls (Supp. § 17-19–27).

Literacy-not required.-Whenever any person shall be unable to sign his name because of physical incapacity or otherwise, he shall make his mark which shall be witnessed by the person receiving his registration (Supp. § 17-9-7). He shall also identify himself by correctly answering questions put to him when offering himself to vote (Supp. § 17-19-30).

Penalty for violations

False affidavit.-Every person who shall make a false affidavit shall be fined not more than $1,000 or imprisoned for not more than 1 year or both such fine and imprisonment (Supp. § 17-9-21).

Fraudulent registration.—Any person who shall knowingly make any false certificate in registering his name under the provisions of the Permanent Registration Law shall be fined not more than $300 or imprisoned for not more than 60 days (Supp. § 17-9-12).

Illegal voting.-Every person who in any election shall fradulently vote or attempt to vote not being qualified (whether or not his name is on the voting list), or in the name of some other person or under a fictitious name, or in more than one town, ward, or district or in a town, ward or district other than his residence, or shall counsel or aid another to so vote shall be punished by a fine of from $500 to $1,000, or by imprisonment for from 6 months to 2 years or both, and shall be disfranchised (Supp. § 17-23-4).

SOUTH CAROLINA

Unless otherwise designated, references are to Code of Laws, 1952, Title 23, and to 1960 Supplement.

Voters' qualifications (§ 23–62; Const. Art. II, § 3; § 4 as amended in 1959)

Age. 21 years or more by election (§ 23–69). Persons becoming 21 within 30 days of general election may register and vote in primary (Atty. Gen. Op. Jan. 17, 1958).

Citizenship.-Must be citizen of South Carolina and of the United States. Residence.-2 years in State, 1 year in county, 4 months in polling precinct before any election. Ministers in charge of organized church and teachers of public schools and their spouses need only 6 months' residence in State.

Literacy. Must be able to read and write any section of State constitution or must be able to show that he owns and has paid all taxes collectible during previous year on property in this State assessed at $300 or more, unless he was registered prior to January 1, 1898, in which case he need not register.

Disqualified for voting (§ 23-62; Const. Art. II, § 6)

1. Idiots or insane persons.

2. Paupers supported at the public expense.

3. Persons confined in any public prison.

4. Persons convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wifebeating, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation, larceny or crimes against election laws unless pardoned by the Governor.

Indians.-All Catawba Indians otherwise qualified are declared to be citizens of South Carolina and entitled to enjoy all rights and privileges belonging to other citizens of the State (§ 23-6).

Registration

Voter must register once every 10 years. There shall be a general registration of voters in 1958 and every tenth year thereafter (Supp. § 23–67).

Registration shall be made in person (§ 23-64). However, members of the Armed Forces and their spouses, and Federal employees serving overseas, may register by mail by using required form of registration card (Supp. § 23-441.3), but such registration shall be valid only for calendar year (Supp. § 23-441.9). Record of registration application.-Application must be written, and shall become a part of the permanent records of the board and shall be open to public inspection (Supp. § 23-67.1).

Registration application-contents (Supp. § 23-67.2)

1. (a) Sex

(b) Race

(c) Place and date of birth

(d) Residence and nearest voting place

(e) Weight

(f) Height

(g) Color of eyes

(h) Color of hair

2. That he is qualified either (a) by required residence, or (b) by being a minister and having required residence as such, or (c) by being a teacher of a public school, or spouse of such teacher, and having required residence as such. 3. That he is not an idiot, insane, a pauper supported at public expense, or confined to a public prison.

4. That he will demonstrate to the registration board that (a) he can read and write a section of the Constitution of South Carolina, or (b) that he owns and has paid all taxes last year on property in the State assessed at $300 or

more.

5. That (a) he has never been convicted of a list of specified infamous crimes or of crimes against the election laws, or (b) that he has been legally pardoned for such conviction.

6. Signature of applicant, sworn to by him, before a member of the Registration Board.

Oath-Applicant shall first take an oath administered to him by registrar in which he swears or affirms that he is qualified by age, citizenship, and res

idence and that he has not been convicted of any of the specified crimes which would disqualify him for voting (§ 23-68).

Applicant shall then be given a certificate of registration signed by two members of the Board of Registration containing his name, age, and place of residence. The certificate shall have on the back thereof, the signature of the registered voter or a certification by the members of the board that the certificate was issued to the voter upon showing that he owns and has paid all taxes collectible during the previous year on * ** property in this State assessed at $300 or more (§ 23-72).

Penalty for violations

Fraudulent registration.-Any person who shall fraudulently procure the registration of a name, shall fraudulently attempt to vote such name, or shall attempt to vote in violation of the election laws or under false pretense as to his qualifications to vote or shall fraudulently aid or counsel another to do any of these acts shall be guilty of a misdemeanor punishable by a fine of from $100 to 500 or by imprisonment for from 30 to 90 days or both (§ 23-651). Any voter knowingly receiving a registration certificate issued in violation of the election laws or making use of such a certificate shall be guilty of a misdemeanor punishable by a fine not exceeding $200, or by imprisonment for not more than 3 months (§ 23-653).

Illegal voting.-If a person shall vote more than once at any election for the same office, he shall be fined or imprisoned at the discretion of the judge before whom case is tried (§ 23–660).

Any person impersonating or attempting to impersonate another for the purpose of voting at any election shall be punished by imprisonment at hard labor for from 3 to 12 months, or by a fine of from $300 to $1,200, or both. When such person is placed under bond, such bond shall be for not less than $600 nor more than $1,200 (§ 23-661). Such person shall be arrested by sheriff or police officer when manager of election reports such violations and a proper warrant shall be sworn out (§ 23–662).

Any voter who shall swear falsely at an election or shall impersonate another and take the oath under his name shall be guilty of perjury and shall be punished for perjury (§ 23-664).

Any person who shall vote at any election who is not entitled to vote or who shall violate any of the provisions of the election code shall be punished by a fine of from $100 to $1,000, or by imprisonment for from 3 to 12 months or both (§ 23-667).

SOUTH DAKOTA

Unless otherwise designated references are to Code of 1939, and to 1960 Supplement.

Voters' qualifications (Const. of South Dakota, Art. VII, § 1, as amended in 1958)

Age.-21 years and upwards.

Citizenship.-Must be citizen of United States, must have resided 5 years in the United States, 1 year in State, 90 days in county, 30 days in election precinct. Person moving from one county or precinct to another may vote in his old precinct until he has established residence in new precinct.

Disqualified from voting (Const. of S.D., Art. VII, § 8)

1. Persons under guardianship, non compos mentis, or insane.

2. Persons convicted of treason or felony unless restored to civil rights. Registration

A registration list shall be drawn up in each even-numbered year of the qualified voters of the State (§ 16-0701). The city or county auditors or the town clerks shall prepare a list of all the voters in their respective precincts, using for this purpose the poll list compiled at the last preceding general election after striking names of all persons whom he shall know to have died or moved from precinct supplemented by the names of all living persons shown on the assessor's lists and by the names of all living persons known by such officer whom he may know to be legal voters and whose names are not on the last poll list. The county auditor shall send to each registration board one copy of such poll list for the general election in their precinct (Supp. § 16.0703).

Persons whose names are not on such registration lists when completed may have their names added by appearing in person before the registration board in their district. It shall be the duty of the board to question applicant touch

« ÎnapoiContinuă »