of the third Tuesday and of the first Tuesday, and, in presidential years, of the first Wednesday, prior to any general election, to receive and register the names of all persons applying for registration, who, on election day, will be legally qualified and entitled to vote in that election district, according to the provisions of law under which such election may be held. ['96, p. 381*; '97, p. 169.

801. Entries on official register. Refusal to give residence. Registry agents must enter upon the official register, under the proper heading, the date of registration, the names, alphabetically arranged according to surnames, with the first or given name in full, the age and nativity of the elector, together with the location of residence of elector as directed in section seven hundred and ninety-nine, and when the person so registered is of foreign birth, the fact of the exhibition of, or failure to exhibit, his certificate of naturalization, or a certified copy thereof, must be noted in the column provided for that purpose, which list, properly entered, as in this section required, is known as the "official register" of electors of their respective districts. If any person fails or refuses to give his residence, with the particularity required in this chapter, he must not be registered. ['96, p. 381; '97, pp. 169-70.

802. Notice of time and place of registration. Each registry agent must post, in not less than five conspicuous places within his district, for ten days before the first day provided for registration, a notice signed by him to the effect that the time and place for registration of the names of the qualified electors in election district No. prior to the election (specifying the day of 189-, for the county of

election) to be held on the

days of

Utah, will be between the hours of eight o'clock a. m. and nine o'clock p. m. on the 189, at the office of said agent at (specifying the place, which must be within the election district, where electors may apply for registration). ['96, p. 382*; '97, p. 170.

803. Registration oath. Every person applying to be registered must, before he or she is entitled to have his or her name registered, take and subscribe the following oath or affirmation, which must be administered by the registry agent: "I do solemnly swear (or affirm) that I am a citizen of the United States; and shall have been such for ninety days prior to the election on the day

of eighteen hundred and ninety- -; that I shall have attained the age of twenty-one years and upwards, and shall have been a resident of the state of Utah one year, and of the county of four months, and of the precinct of in the county of for sixty days at the time of the election on the day of -, eighteen hundred and ninety- -; and that I now reside in election district No. ; so help me God (or under the pains and penalties of perjury)." The registry books and lists must be open at any reasonable time for inspection by any person. ['96, p. 382; '97, p. 170.

804. Examination of applicant to register. Challenges. When any person appears and demands to be registered whom the registry agent does not know to be entitled to registry under the qualifications required by law, for the election then ensuing, the registry agent must question the applicant generally, under oath, as to his qualifications as an elector; and, if satisfied, must enter his name in the register, but if the registry agent is not fully satisfied, or if the applicant be challenged by a qualified elector of the county stating distinctly the grounds of challenge, the registry agent must require the applicant to answer truly, under oath or affirmation, the following questions, together with such other questions as said registry agent may consider necessary or proper testing his qualifications as an elector for the ensuing election, to wit:

1. Are you a citizen of the United States; if so, are you native born or naturalized; and if naturalized, when and where were you naturalized?

2. Are you now, or will you be twenty-one years of age prior to the day of the next ensuing election?

3. On the day of the next ensuing election will you have resided in Utah one year, in this county four months, and in this precinct sixty days next preceding the day of said election?

If any of the foregoing questions are answered in the negative, the applicant must not be registered. If the applicant answer all the foregoing questions in the affirmative, and if the answers to the other questions propounded do not show him to be disqualified, the applicant must be registered. ['96, pp. 382-3*; '97, pp. 170-1.

Qualifications of electors, Con. art. 4, secs. 1, 2, 5, 6, 7. Registering naturalized citizen, 2 807. Unlawful registration a felony, ? 896.

805. Resident defined. A resident within the meaning of this title must be construed to mean a person who has resided or will have resided continuously within this state for one year, and in the county four months, and in the precinct sixty days next preceding the day of the next ensuing election. ['96, p. 383; '97, p. 171.

806. Rules governing place of residence for purpose of registration. For the purpose of registration or voting, the place of residence of any person must be governed by the following rules as far as they are applicable:

1. That place must be considered and held to be the residence of a person, in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

2. A person must not be held to have gained or lost residence by reason of his presence or absence while employed in the service of the United States or of this state, nor while a student at any institution of learning, nor while kept in any almshouse, or other asylum at the public expense, nor while confined in any public prison, nor while residing upon any Indian or military reservation.

3. No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed at any military or naval place within the same.

4. A person must not be considered to have lost his residence who leaves his home to go into a foreign country or into another state, or precinct in this state for temporary purposes merely, with the intention of returning; provided, he has not exercised the right of the elective franchise in said state or precinct. 5. A person must not be considered to have gained a residence in any county into which he comes for temporary purposes merely, without the intention of making such county his home.

6. If a person removes to another state, with the intention of making it his residence, he loses his residence in this state.

7. If a person removes to another state with the intention of remaining there for an indefinite time, and as a place of permanent residence, he loses his residence in this state, notwithstanding he entertains an intention of returning at some future period.

8. The place where a man's family resides is presumed to be his place of residence, but any man who takes up or continues his abode with the intention of remaining at a place other than where his family resides, must be regarded as a resident where he so abides.

9. A change of residence can only be made by the act of removal, joined with the intent to remain in another place. There can only be one residence. A residence cannot be lost until another is gained.

10. The term of residence must be computed by including the day on which the person's residence commences and by excluding the day of election.

11. Any person living upon any Indian or military reservation shall not be deemed a resident of Utah, within the meaning of this chapter, unless such person had acquired a residence in some county in Utah prior to taking up his residence upon such Indian or military reservation. ['96, pp. 383-5*; '97, pp.

807. Naturalized citizen to exhibit papers. Affidavit. Examination. When a naturalized citizen applies for registration, his certificate of naturalization, or a certified copy thereof, must be produced; but if it satisfactorily appears to the registry agent by the oath or affirmation of the applicant (and the oath or affirmation of one or more credible citizens as to the credibility of such applicant), that such certificate of naturalization or a certified copy thereof, is lost or destroyed, or beyond the reach of the applicant, for the time being, said registry agent must register the name of said applicant, unless he is by law otherwise disqualified; but in case of failure to produce the certificate of naturalization, or a certified copy thereof, the registry agent must propound to him the following questions:

1. In what year did you come to the United States?

2. In what state or territory, county, court, and year where you fully admitted to citizenship?

3. When did you last see your certificate of naturalization, or a certified copy thereof?

The answers to the above questions must be taken down in the form of an affidavit, which must be subscribed and sworn to by the applicant, and retained in possession by the registry agent and by him handed over to his successor. No person is required to make the affidavit twice before the same agent, or the successor of such agent, having in his possession the former affidavit. ['96, p. 385*: '97, p. 173.

808. Posting of registration lists in districts. List for judges of election. When the registering of voters on the third Tuesday prior to any general election shall have been completed, each registry agent must, with all reasonable expedition, within three days, prepare and cause to be written or printed a full, complete, and true list of all the names on the official register for his district, alphabetically arranged according to surnames, with places of residence, the same to be verified by his oath and posted in some public and conspicuous place within his district, there to remain until the close of registration on the first Tuesday or the first Wednesday, as the case may be, prior to the day of election. When the registration of electors mentioned in this chapter shall be finally closed, each registry agent must, with all reasonable expedition, prepare and cause to be written or printed a full, complete, and corrected list of all the names on his official register, alphabetically arranged, commencing with the surname of each elector, together with the residence of each, which he must certify under oath and cause to be posted, within three days after the close of registration, in a public and conspicuous place within two hundred feet of the polling place, within his district, there to remain until the closing of the polls on election day. Each registry agent must prepare and deliver personally to one of the judges of election in his district, at a time not later than the day next preceding that on which any general or municipal election is to be held, a full, complete, and true copy of his official register, verified by his oath. ['96, pp. 385-6*; '97, pp. 173-4.

809. Registry agent to hear objections to voter, and correct errors. Challenge. The registry agents must give notice in said posted lists that they will receive objections to the right to vote of any persons so registered between the hours of six o'clock p. m. and nine o'clock p. m. on Saturday next preceding the day of election; and also requesting all persons whose names may be erroneously entered in said list to apply to the proper registry agent at the time designated and have such error corrected. Such objection to the right to vote of any person registered must be made only by a qualified elector, in writing, duly verified, setting forth the ground of objection or disqualification. The registry agent before whom any such affidavits are made, must carefully preserve the same and deliver them with a copy of the official register and other papers required by this chapter to be delivered to the election judges as herein provided, and he must write distinctly opposite the name of any person to whose qualifications as an

elector, objections may be thus made, and opposite the name of any person whom the registry agent believes to be dead or to have removed from that election district, the words, to be challenged," or words to that effect. It is the duty of the judges of election, if on election day such person who has been objected to applies to vote, to test under oath his qualifications, and if he is found to be disqualified for any cause under the law, or if he refuses to take an oath, as to his qualifications, he must not be permitted to vote. ['96, pp. 386–7; '97, p. 174.

810. Register to be transmitted to county clerk. The copy of the official register for each district, delivered to the election judges, together with the affidavits mentioned in the next preceding section of this chapter, must be preserved and transmitted by the judges of election to the county clerk as a part of the "election returns," as provided by law.

811. Failure to furnish list. Procedure. If any registration agent fails or refuses to furnish to the election judges a copy of the official register of his district, as provided for in this chapter, the said election judges are authorized to take and use the copy of the printed or written list of registered voters posted in such district, as provided for in this chapter, and their returns must show the reason for using such list instead of the copy of the official register that should have been delivered to them. ['96, p. 387*; '97, pp. 174–5.

812. Transfers to another district in same precinct. Any registered elector moving from one district to another within the same precinct, prior to the day of the ensuing election, may apply to the registry agent before whom he has already been registered for that year, at any time prior to the day of election and have his name taken off the official register and receive from the registry agent a certificate, to be called a registry certificate, under the signature of the registry agent, showing substantially that he was, on a certain day, duly registered in the official register of district No in precinct of the county of —, Utah, and that his name has been erased at his own request, which certificate will entitle him to have his name registered, in the same manner as other names are registered, in any other district within the same precinct, for said election, provided it satisfactorily appears to the registry agent receiving the certificate, and to whom application is made for the second registration, that the applicant is entitled to vote in that district at the next ensuing election. [96. pp. 387-8*; '97, p. 175.

813. Oath of registry agent. Before entering upon the duties prescribed in this chapter, the registry agents must severally take and subscribe before an officer duly authorized to administer oaths, the constitutional oath of office, which must be filed in the office of the county clerk of their respective counties. Registry agents may take the registration oath before any person authorized to administer an oath. ['96, p. 388*; '97, p. 175.

814. Compensation of registry agent paid by county. The several registry agents are entitled to receive as full compensation for all services rendered by them under the provisions of this chapter, such sums as may be allowed by the board of county commissioners, and such compensation may be a per diem not to exceed three dollars. Their compensation is a county charge and their accounts must be made out so as to clearly show the number of days spent in the performance of their official duties, which shall be sworn to and filed with the county auditor of their respective counties, and said claim must be audited and paid out of the general fund of the several counties as other county charges. ['96, p. 388*; '97, pp. 175-6.

815. County clerk's record. Notice of appointment. The county clerk must make full and minute entries of all proceedings had under this chapter, and notify in writing the registry agents of their appointment. ['96, p. 388; '97, p. 176.

816. New registration in presidential year. Procedure at other

elections. An entirely new registration of voters shall be made in each year of a presidential election, and every person desiring registration must appear in person and make application therefor. For all other general, and for municipal elections, the "official register" of the next preceding election shall be revised by adding thereto the names of all persons registered on the proper days therefor prior to such general or municipal election. For all such general and municipal elections held prior to the presidential election in November, nineteen hundred, the general registration made in the year eighteen hundred and ninety-six shall be taken as a basis for revision. For all special and school elections there shall be no special registration of voters, but the "official register" last made or revised shall constitute the "official register" for such special or school election. ['96, p. 388*; '97, p. 176.

Municipal elections, general provisions. ?? 887-891. School elections, 1804-1812, 1895-1900.

817. Municipal elections, registration for. Expense. It shall be the duty of the registry agents, appointed as herein provided for the election districts within the several incorporated cities and towns, at any time when called upon to do so at their respective offices and not elsewhere, between the hours of eight o'clock a. m. and nine o'clock p. m. of the first and third Tuesdays prior to the municipal or town election, to receive and register the names of all persons applying for registration who are legally qualified and entitled to vote at such election, or who will legally have acquired a residence (being otherwise qualified) and who have a right to vote at such ensuing election according to the provisions of law under which such election may be held in each election district. The expense of such registration shall be paid by the city or town for which the same is made. ['96, pp. 388-9*; '97, p. 176.

818. Official register at special election. Before the day on which any special election is appointed to be held, the registry agent must furnish one of the judges in his election district, at a time not later than one day next preceding the day the election is to be held, a copy of the official register for his district, but no copies need be posted. ['96*, p. 389; '97, pp. 176–7.

819. Registry agents. Qualifications. Terms. Removal. There shall be but one registry agent for each election district. All registry agents shall be competent persons and shall be appointed by the board of county commissioners. They shall be resident qualified voters in the several election districts for which they shall be appointed. They shall be, and are hereby empowered and authorized to administer oaths and affirmations and to do such other acts as may be necessary to fully carry out the provisions of this chapter; provided, that no person a candidate for, or who holds a state, county, or other office, shall be eligible to or hold the office of registry agent. All registry agents shall be appointed biennially, at the regular meeting of the board of county commissioners held nearest to the first day of June preceding each general election, and shall hold their office for the period of two years, except as herein otherwise provided, but they shall be subject to removal at any time by the board of county commissioners. On the appointment of his successor, the registry agent shall deliver to such successor the "official register" for his district and all other books and documents in his possession pertaining to such office. In case any registry agent resigns or becomes a non-resident of his district, he shall at once notify the county clerk, and deliver to him all books and documents in possession of such registry agent pertaining to his office. ['96, p. 389*; '97, p. 177.

820. Change of district boundaries. New registry lists. Whenever the boundaries of any election district have been changed, or a new district created, it shall be the duty of the registry agents of the districts affected to meet prior to the first day of the next ensuing registration and transfer from one official register to the other, as the case may require, the names of all voters residing within the territory affected by such change. Any registered voter whose name has been erroneously transferred from one official register to another, or erro