ing his residence and his other qualifications as a voter of his voting precinct (Supp. § 16.0704). Any absent person in the United States service, not already registered, may be registered upon his personal application or upon the personal application of a registered voter of the precinct of the absent voter made to the registration board of his precinct or by Federal Post Card Application known as Standard Form 76 as revised in 1956 (Supp. § 16.0611). Literacy-Apparently not required.-The board of registration in questioning an applicant for registration may employ an interpreter when necessary who shall be sworn to duly and impartially interpret the examination of the applicant, after such applicant shall have been sworn to make true answers to such questions as may be propounded to him (Supp. § 16.0704). Oath.-Provision for oath is made only in case of use of interpreter at registration as mentioned above, or when voter is challenged at polls as unqualified (§ 16.1010), or when voter offers to vote without being registered, in which case he shall furnish to the judges of election his affidavit stating that he is an inhabitant of the precinct, giving his place of residence, the time he has resided therein, and the reason why he was not registered; and also shall prove by the affidavit of two registered electors that they know such person to be an inhabitant of the precinct, giving his place of residence and length of time he has resided therein. These affidavits shall be forwarded with the ballot (§ 16.0706). Penalty for violations Any person swearing to a statement of fact in an affidavit made to enable an unregistered person to vote knowing same to be false shall be punished by a fine not exceeding $500 or imprisonment in the State penitentiary not exceeding 3 years or by both (§ 16.9914). Any person who shall take a false oath when challenged at the polls shall be guilty of perjury and shall be punished as for perjury (§ 16.9915). TENNESSEE Unless otherwise designated, references are to Code Ann., 1955, Bobbs-Merill, and to 1960 Supplement. Voters' qualification (Supp. §§ 2-201, 2-304; Const. Art. IV, § 1) Age.-21 years by next primary or general election. A person who will be 21 years old before the general election may register and vote in the preceding primary. Citizenship.-Must be citizen of United States. Residence.-12 months in State, 3 months in county next preceding election. Disqualified from voting (§ 2-205; Const. Art. IV, § 2) 1. Persons convicted of bribery or offer to bribe, larceny, or any other offense declared infamous by laws of the State unless restored to citizenship in manner pointed out by law. Registration Registration is permanent, subject to cancellation for failure to vote in any primary or general election during 4 successive calendar years (§ 2–303). Registration must be made in person. However, the county election commission is authorized to register absentee voters who are required by regular business or occupation to be absent from legal residence at time of registration. Persons who cannot appear due to illness or other causes may be registered at their homes by a registrar-at-large (§ 2-306). As to Armed Forces, and federal personnel serving overseas, application for absentee ballot shall be treated as application for registration (§ 2-1703; § 2-1718 as amended by Acts of 1961, Ch. 260, 84). Registration application-contents (§ 2–309; Supp. § 2-309; Acts of 1961, Ch. 167, § 4) 1. Name, prefixed by "Mr.," "Mrs.," or "Miss." 2. Address. 3. Applicant's statement that he is qualified or will be qualified by primary or election date by age, citizenship, and term of residence. 4. Whether native-born citizen or naturalized. 5. Color. 6. Voting precinct where last registered. 7. Vocation. 8. Whether ever disqualified by a judgment or decree of court, and if so, by what court restored to citizenship. 9. Signature or mark of applicant. If unable to write or make mark, because of disability, registrar shall sign for him. If person cannot write a description of applicant shall be noted, showing height, color of eyes and hair, and other distinguishing marks. 10. Oath.-Immediately above space for signature shall be printed an oath (or affirmation) that to the best of his knowledge and belief the foregoing statements are true. Literacy. Apparently not needed. (a) Applicant for registration may make his mark on affidavit as noted in item 9 above; (b) persons unable to sign names must appear in person for change of address (Supp. § 2-305); (c) penal provisions: Any person who shall willfully and knowingly impose upon any illiterate voter a ticket in any election contrary to his wish and desire by falsely representing to such voter that the ticket proposed to him is such as he desires shall be guilty of a misdemeanor (§ 2-2223). Record of registration (Supp. § 2-314, amended by Acts of 1961, Ch. 167. § 6; Code § 2-319) The original registration form shall be arranged alphabetically and shall constitute a master file of all registered voters in the county and shall be maintained permanently in the office of the commissioners of election. There appears to be no provision for preservation of registration applications of applicants who were denied registration. An applicant denied registration by a registrar, may apply to the commissioners of election whose action upon his application shall be final. Penalty for violations It shall be a criminal offense for a person to register as a qualified voter when he is not entitled to be so registered; or to vote or attempt to vote on a registration certificate issued to another; or to induce another person to do either of these acts; or to vote or attempt to vote on a registration certificate which is not yet effective; or to willfully make any false statement in an application or affidavit required for registration. Punishment shall be by fine of from 350 to $1,000, confinement in county jail for from 30 days to 11 months and 29 days or both, and by disfranchisement for 10 years, provided that attempt to register when under ago, or to register more than once under fictitious names, is a misdemeanor (Supp. § 2-324). TEXAS Unless otherwise designated, references are to Election Code, Vernon's 1951, and to 1960 Supplement. Voters' qualifications (Art. 5.02; Const. Art. VI, § 2) Age.-21 years. Citizenship.-Must be citizen of United States. Residence.-1 year in State, 6 months in county or district next preceding election. Absent on business of the State or of the United States shall not forfeit a residence once obtained (Const. Art. 16, § 9). Poll tax-Must have paid his poll tax before February 1 before election, or if exempt from poll tax, must procure a certificate showing his exemption. A city poll tax shall not be required for voting except in city elections. Disqualified from voting (Art. 5.01; Const. Art. VI, § 1) 1. Idiots and lunatics. 2. Paupers supported by the county. 3. Persons convicted of a felony unless restored to full citizenship and right of suffrage or pardoned. Registration Registration is not required. The lists of citizens who have paid their poll tax serves as a registration list. The certified list for each precinct of qualified voters who have paid their poll tax shall contain the following information about each person (Supp. § 5.14): 1. Number. 2. Name. 3. Precinct. 4. Age. 5. Length of residence. 6. Occupation. 7. Race. 8. Length of residence in city and ward. 9. Street and number of residence. 10. Post office address (Art. 5.22). 11. Party affiliation. Absentee voting is permitted by any qualified voter who is absent from his county or who is unable to vote in person because of sickness or physical incapacity. Oath. When voter is challenged at the polls, he must prove by his own oath and by one well-known resident of the precinct or ward that he is qualified to vote at such election and in such precinct (Art. 8.09, Art. 8.10). Where to vote.-All voters shall vote in the election precinct in which they reside (Art. 2.06, Art. 5.07). Any voter who fraudulently or illegally casts a ballot at any election shall be compelled to disclose the names of the candidates for whom he cast such ballot and the ballot cast by him on any question at such election in any court of competent jurisdiction, and whoever in such proceedings shall swear or testify falsely shall be guilty of perjury and subject to penalties for perjury (Art. 7.14, § 23). Any taxpayer who shall make any false statement to procure a poll tax receipt or falsely answer any question called for on such receipt shall be guilty of false swearing punishable by confinement in the State penitentiary for not less than 1 nor more than 3 years (Penal Code, Art. 200a-2). Whoever procures a fraudulent certificate of naturalization to enable him or any other person to vote at an election shall be confined in the penitentiary for from 5 to 10 years (Penal Code, Art. 210). If any person, knowing himself not to be a qualified voter, shall vote at any election, he shall be confined in the penitentiary for from 2 to 5 years (Penal Code, Art. 232). Whoever shall procure, aid, or advise another to vote at an election knowing such person is not qualified to vote or shall, procure, aid or advise another to vote more than once at such election shall be fined from $100 to $500, and may, in addition, be imprisoned in jail not exceeding 1 month (Penal Code, Art. 233). Whoever shall falsely swear as to his own qualifications to vote or to the qualifications of a person challenged as unqualified shall be confined to the penitentiary for from 2 to 5 years (Penal Code, Art. 234). Whoever procures another to so swear falsely shall be confined to prison for not more than 3 years or be fined not more than $3,000 (Penal Code, Art. 235). Whoever attempts to falsely impersonate another at an election and vote on authority of a poll tax receipt or certificate of exemption not issued to him shall be confined in the penitentiary for from 3 to 5 years (Penal Code, Art. 239). Whoever votes or attempts to vote more than once at any election shall be fined not less than $100 nor more than $500 (Penal Code, Art. 241). 70784-62-pt. 57 UTAH Unless otherwise designated, references are to Code Ann., 1953, and to 1959 Supplement. Voters Qualifications (Const. of Utah, Art. IV, §§ 2, 5; § 20-2-11) Age.-21 years and upwards, by election (§ 20-2-9). Citizenship.-Must be citizen of United States for 90 days. Residence.-1 year in State, 4 months in county, 60 days in precinct next preceding election. Employment in service of United States does not constitute loss of residence for purpose of voting (Supp. § 20-2-14). Disqualified from voting (Const. of Utah, Art. IV, § 6) 1. Idiots or insane persons. 2. Persons convicted of treason or crime against the elective franchise unless restored to civil rights. Registration Registration is permanent, subject to cancellation for failure to vote at last general election (§ 20-2-24). Registration must be made in person (§ 20-2-6). However, persons unable to register in person by reason of physical disability may register by mailing an affidavit to the county clerk (§ 20-2-7). Absent voting is allowed, but registration must have been made in person (§ 20-2-7; Supp. § 20-6-1). Registration is not required of voters in the military service not already registered, but the back of the ballot envelope shall have printed on it a "Registration and Voting Certificate" in the form of an affidavit which, when properly executed, shall serve as a registration form (Supp. § 20-17-8). Registration application-contents Oath.-Applicant must subscribe to oath or affirmation that he is qualified to vote by age, citizenship, and residence (§ 20-2-11). When any person appears for registration, the registration agent must enter the following information into the official register: 1. Name. 2. Age. 3. Nativity. 4. Location of residence. 5. If person is of foreign birth, he must exhibit his naturalization papers and such fact must be noted (§ 20-2-9). If applicant is unknown to registration agent, the agent may question him generally under oath as to his qualifications as a voter and, if satisfied, must enter his name in the register (§ 20-2-12). Literacy. Apparently not required since there is a provision for assistance to illiterate voters in voting (§ 20–7–24). Penalty for violations Illegal voting.-Every person not entitled to vote who fraudulently votes, or who votes more than once at any election, or who aids or counsels another to do so is guilty of a felony (§ 20-13-3) punishable by a fine of not more than $1,000 or by imprisonment in the State prison for not more than 5 years, or both (§ 20-13-4). Fraudulent registration.—Any person who willfully causes or allows himself to be registered knowing he is not entitled to such registration, or who causes, advises, or assists another to be registered believing that such person is not entitled to such registration is punishable by a fine of not over $1,000 or by imprisonment in the State prison for not more than 1 year or both (§ 20-13-5). Any person guilty of any offense under the election code shall forfeit the right to vote at the election with respect to which offense was committed (§ 20-13-19). VERMONT Unless otherwise designated, references are to Statutes, Annotated, 1959 Revision, Title 17, and to 1959 Supplement thereto. Voters' qualifications (§ 62) Age.-21 years. Citizenship.-Must be United States citizen (§ 61). Residence.-1 years in State; and to vote for representatives to the general assembly, 3 months in town next preceding election. Freeman's oath.-In order to be qualified to vote, person must take the freeman's oath by which he solemnly swears or affirms that whenever he will give his vote or suffrage touching any matter that concerns the State of Vermont he will do it as, in his conscience, he shall judge will be for the best interests of the same as established by the Constitution without fear or favor of any person (Const. of Vermont, Ch. II, § 34). Disqualified from voting Any voter who shall receive a bribe for his vote shall forfeit his right to vote at that election (Const. of Vermont, Ch. II, § 51). Registration Registration is not required. The name of a person who is qualified and who has taken Freeman's Oath will be placed on checklist of qualified voters (§ 68, § 201). Oath. If he has removed from any residence without the State, he shall also take an oath of allegiance to Vermont and an oath to support the Constitution of the United States (§ 63). At the hearing for revising the checklist, the board shall examine upon oath persons claiming the right to vote, and shall require production of naturalization papers if applicant is naturalized citizen. Board may administer Freeman's Oath (§ 205). Absent voting is permitted. Freeman's Oath may be administered to person who is absent in Armed Forces by any officer or person qualified to administer oath within or without the territorial limits of the United States (§ 68). Literacy-apparently not required.-There is a provision for assistance to a voter in voting who cannot read or write or who by reason of physical or mental disability or blindness, is unable to mark his ballot (Supp. § 1044). Penalty for violations A legal voter who knowingly turns in more than one ballot at an election for the same office shall be fined not more than $100 if the offense is at a general election, and not more than $10 if committed in town meeting (§ 1971). A person who on the same day votes in more towns than one for the same officers shall be fined not more than $100 (§ 1973). A person whose name is not entered on the checklist of his town for an election through his neglect who votes in another town at such election shall be fined not more than $200 (§ 1974). A person who knowingly swears falsely before a board of civil authority in revising the checklist shall be guilty of perjury and imprisonment in the State prison for not more than 15 years and fined not more than $1,000 (§ 2011). A person who directly or indirectly aids in procuring the name of a person to be inserted on a checklist of voters knowing such person not to be a voter in the town for which such list is made shall be fined not more than $100 (§ 2012). A person who knowingly gives a false answer or false information to an election officer touching upon his right to vote at such election shall be fined not more than $100 (§ 2013). A person who votes at any election knowing that he is not a qualified voter shall be fined not more than $100 (§ 2014). A person who impersonates another and offers to vote in his name or offers to vote under a fictitious name shall be imprisoned not more than 1 year or fined not more than $100 (§ 2015). A person who willfully aids a voter who is not qualified to vote or attempts to vote at a general election shall be fined not more than $100 (§ 2016). VIRGINIA Unless otherwise designated, references are to Code, 1950, Title 24, and to 1960 Supplement. Voter's qualifications (§ 24–17; Const. §§ 19, 20): Const. Amend to § 20 proposed (Acts 1960, Ch. 614, p. 1074 to incorporate new registration form). Referred to General Assembly at its session in 1962 Age.-21 years. Citizenship.-Must be citizen of United States. Residence.-1 year in State, 6 months in county, city, or town, 30 days in precinct next preceding the election. |