CHAPTER II. QUALIFICATIONS AND DISABILITIES OF ELECTORS. $1083. Qualifications of a voter. $ 1084. Who not entitled to vote. § 1083. QUALIFICATIONS OF A VOTER. Every male citizen of the United States, every male person who shall have acquired the right of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district within which such elector resides. History: Enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77; March 9, 1893, Stats. and Amdts. 1893, p. 124; March 4, 1899, Stats. and Amdts. 1899, p. 60. See Kerr's Cyc. Pol. C. for 16 pars. annotation. 91 C. 465, 467, 27 P. 760 (referred to); 118 C. 393, 394, 46 P. 740, 50 P. 668 (applied); 119 C. 613, 617, 618, 51 P. 947 (construed); 127 C. 86, 89, 59 P. 312 (construed); 145 C. 320, 324, 338 (construed), 341, 342 (construed in dis. op.), 78 P. 626. As to great register and reregistration, see Kerr's Cyc. Pol. C. § 1094 and note. As to how far right to vote is absolute, see 25 L. 480-485. As to qualifications and disabilities of electors, see Const. 1879 art. II § 1, Hen. G. L. p. lxvii. As to soldiers voting, see 25 L. 482. As to who are citizens, see Kerr's Cyc. Pol. C. § 51 and note. Nature of right of suffrage.-See 1 L. 111-115. Payment of poll-tax as qualification of electors.-See 29 L. 414, 415. Right of women to vote.-See 19 L. 110; 21 L. 662, 663; 37 L. 644; 39 L. 768. Rules for determining questions of residence for purpose of voting. See Kerr's Cyc. Pol. C. § 1239 and note. That possession of political rights is not essential to citizenship.-See 8 L. 337. § 1084. WHO NOT ENTITLED TO VOTE. No native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. History: Enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 78. See Kerr's Cyc. Pol. C. for 4 pars. annotation. 91 C. 465, 467, 27 P. 760 (referred to). As to persons not entitled to vote, see Const. 1879 art. II § 1, Hen. G. L. p. lxvii. As to qualification and disabilities of electors, see Const. 1879 art. II § 1, Hen. G. L. p. lxvii. As to registration of electors, see Kerr's Cyc. Pol. C. §§ 10941119 and notes. CHAPTER III. REGISTRATION OF ELECTORS. § 1094. Great register to be kept. [Transfers.] $ 1095. § 1096. § 1097. § 1098. § 1099. $1100. Names of electors must be entered in. Qualifications for registration. Assessor's roll of electors [repealed]. What enrolment must show [repealed]. Duty of clerk or assessor relative to certain proofs produced [repealed]. § 1101. Assessor must make monthly returns of enrolment [repealed]. ister. Persons not to be registered in different counties at the same time. Cancelation of entry. § 1102. § 1103. Duty of clerk upon receipt of the return. Great reg § 1104. § 1105. § 1106. § 1107. § 1108. § 1109. § 1110. § 1111. § 1112. § 1113. $1114. $1115. When entry must be canceled. Clerk must give certificate of registration. Persons refused registration may proceed by action. Cancelation by action. Parties to such actions. Same. [Parties defendant.] Costs not to be recovered against the clerk, except in Clerk to arrange and bind affidavits of registration. Indexing and binding great register. $1116. Printed copies, how distributed. 1117. Certified copy prima facie evidence that party is an elector. $1118. Primary elections; qualifications and registration of voters at. § 1119. Same. Registration office to be open fifty days. § 1094. GREAT REGISTER TO BE KEPT. [TRANSFERS.] A register, in which shall be entered the names of the qualified electors of each of the counties of the state, shall be kept at the office of the county clerk of each county, and in each of the cities and counties of the state such a register shall be kept in the office of the person charged with the registration of voters of such city and county. There shall be, in each even-numbered year, in each of the counties of the state, a new and complete registration of the voters of such counties, and cities and counties, who are entitled thereto. Such registration shall begin on the first day of January of such years, and shall be in progress at all times except during the forty days immediately preceding any election, when it shall cease as to electors residing in the territory within which such election is to be held; but transfers may be made from one precinct or ward to another in the same county, or city and county, at any time except within twenty-five days immediately preceding any such election. The board having charge and control of elections in the several counties and cities, and counties, may provide by resolution, for the registration of voters in their respective precincts, by the officer charged with the registration of voters. [Duty of landlords.] Upon the written request of the officer charged with the registration of voters, every landlord or keeper of premises where lodgers abide shall furnish said officer a list of all lodgers occupying rooms or sleeping apartments or beds in the premises under his control. Such list shall be furnished upon blanks provided by said officer. Any landlord or keeper of premises where lodgers abide, who neglects or refuses to comply promptly with the provisions of this section, shall be guilty of misdemeanor. [Citation and striking from files.] Any voter registered in premises in which the landlord or keeper neglects or refuses to comply with this act shall be cited to appear before the election commissioners within five days in order to verify his right to vote. It shall be considered as a proper citation to such voter if the citation is addressed to the name of the party registered, the number of room and place of registration; and if the party cited does not appear, in answer to the citation, at the time appointed, his name shall be stricken from the register of voters. The landlord or keeper of premises from which the voter is registered shall also be cited to appear at the same time and place at which the citation of his alleged lodger is returnable. History: Enacted March 12, 1872; amended March 30, 1878, Code Amdts. 1877-8, p. 27; March 20, 1889, Stats. and Amdts. 1889, p. 424; March 27, 1895, Stats. and Amdts. 1895, pp. 228-229; March 4, 1899, Stats. and Amdts. 1899, pp. 60-61. See Kerr's Cyc. Pol. C. for 16 pars. annotation. 56 C. 70, 72, 73 (construed); 96 C. 365, 366, 369, 31 P. 222 (construed); 119 C. 613, 619, 51 P. 947 (referred to); 127 C. 86, 88, 59 P. 312 (construed); 142 C. 71, 75, 75 P. 663 (construed with other provisions); 145 C. 320, 324, 342, 78 P. 626 (referred to); 154 C. 220, 231, 97 P. 311 (construed with respect to proceedings for annexation of territory to city-no provision is made for special registration for elections); 7 C. A. 398, 408, 409, 94 P. 582, 586, 587 (construed-registration shall begin and cease when). As to city elections, see Kerr's Cyc. Pol. C. § 4369 note. As to effect on election of irregularities in registration of voters, see 90 A. S. 58-60. As to registration laws, see 25 L. 480-482. As to registry law of various states, see 10 L. 224-227. As to whether registration of voters is necessary to valid election, see note 90 A. S. 57-60. Constitutionality of registry laws.-See 23 A. D. 642-651; 29 A. R. 586-591; 54 A. R. 843-846. § 1095. NAMES OF ELECTORS MUST BE ENTERED IN. In the register of voters the clerk must, as hereinafter provided, enter the names of the qualified electors of the county, and the provisions of section one thousand and ninety-six of this code are hereby declared to be mandatory. Any officer charged with the registration of voters who neglects or refuses to make all of the entries provided for in section one thousand and ninety-six of the Political Code, or neglects or refuses to take the oath of the voter applying to him for registration in respect to the same, shall, upon conviction, be deemed guilty of a misdemeanor for each and every such omission. History: Enacted March 12, 1872; amended March 4, 1899, Stats. and Amdts. 1899, p. 61; March 20, 1903, Stats. and Amdts. 1903, p. 257. |