General Election Laws INCLUDING The Laws of the State Relating to Absent Voters, Regis- 1. QUALIFICATIONS OF ELECTORS. Residents, Who Are. [§ 5110, Rem. Code] For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, nor while confined in any public prison, excepting when serving out a sentence in the penitentiary for an infamous crime. (Cd. '81, § 3051.) 2. See Const., Art. VI, §§ 3 and 4. 51 W. 588. Absence on Business as Affecting Residence. [§ 5111, Rem. Code] Absence from state on business, shall not affect the question of residence of any person: Provided, The right to vote has not been claimed or exercised elsewhere. (Cd. '81, § 3053.) [§ 5112, Rem. Code] No idiot, or insane person, or persons convicted of any infamous crime, shall be entitled to the privilege of an elector. (Cd. '81, § 3052.) See Const., Art. VI, § 3. [§ 5113, Rem. Code] A crime shall be deemed infamous which is punishable by death or imprisonment in the penitentiary. (Cd. '81, § 3054.) 6 W. 570 51 W. 588. REGISTRATION OF VOTERS. 5. "Precinct" Defined. [§ 5114, Rem. Code] The word "precinct" as used in this act, shall, unless the same be inconsistent with the context, be construed to mean a subdivision for voting or polling purposes, within or without the limits of an incorporated city, or town, and whether established by the county commissioners, or by the city council or legislative body of such cities as are entitled under the law to fix the boundaries of voting or polling districts. (L. '15, p. 33, § 1.) 6. Registration of Voters. [8 5115, Rem. Code] There shall be in 1920 and biennially thereafter to continue for two years, in incorporated cities and towns and quadrennially thereafter to continue for four years outside such cities and towns, except as hereinafter provided, in each precinct of the state, a new and complete registration of the legal voters therein. Such registration shall begin on the first Monday of January of such year, and the registration books shall be open for the registration of voters at all times except during the twenty days immedi M144284 ately preceding any, general state or county or general municipal election or any primary election of any nature or any special municipal election, except as hereinafter provided. (L. '19, Ch. 163, § 2.) 7. 6 W. 138; W. 248; 13 W. 141; 42 W. 17; 55 W. 515. Registration of Voters in Precincts Overlapping Corporate Boundary Lines. [§ 5116, Rem. Code] That in precincts where an incorporated city or town forms a part of a voting precinct, and where any portion of a city or town forms a part of a precinct extending beyond the corporate limits there shall be a registration of voters: Provided, The board of county commissioners may appoint the clerk of a city or town in such a precinct the officer of registration for that portion of such a precinct without the city or town but the voters within the city or town and those without shall be registered in separate poll books of registration. (L. '91, p. 198, § 1.) 8. Voters of Such Precincts, by Whom to Be Registered. [§ 5117, Rem. Code] The voters of any such precinct resident within the corporate limits of an incorporated city or town shall be registered by the clerk of said city or town, and those voters resident within the precinct but without the corporate limits of a city or town, shall be registered by an officer of registration to be appointed by the board of county commissioners. (L. '91, p. 198, § 2.) [§ 5118, Rem. Code] The time and manner of registration under this act shall be the same as that prescribed by law. (L. '91, p. 198, § 3.) 10. Expense of Registration, How to Be Paid. [§ 5119, Rem. Code] The expense of registration in all cities and towns shall be paid by such cities or towns, and the expense of registration in precincts outside of cities and towns shall be paid by the county in which such precincts are situated. (L. '91, p. 198, § 4.) 11. Duplicate Poll Books to Be Opened. [§ 5120, Rem. Code] It shall be the duty of the comptroller or clerk of any incorporated city or town to procure and open for the registration of voters, duplicate poll books on the first Monday of January, 1920, for each precinct of such city or town; and on the first Monday of January of each biennial year thereafter to procure and open like books of registration for each of said precincts; and it shall be the duty of the board of county commissioners of each county, on the first Monday of January, 1920, and quadrennially thereafter, in like manner to procure and open a poll book for the registration of voters in each precinct of such county outside of incorporated cities and towns, and to designate a legal voter in each of said precincts, to be the registration officer in such precinct, whose duties shall be the same as those devolving upon the city or town clerk of incorporated cities or towns under the provisions of this act: Provided, That the board of county commissioners of any county may, for the convenience of voters, designate a legal voter of such county at some convenient place to be the registration officer for one or more such precincts outside of incorporated cities and towns. (L. '19, Ch. 163, § 3.) 55 W. 515. 12. Poll Books, Where Kept-Registration Officer-Duties. [§ 5121, Rem. Code] Such poll books shall at all times, except as herein otherwise provided, be kept in the office of such city or town clerk or precinct registration officer of such city, town or precinct; and the city or town clerk, and the person designated by the board of county commissioners as herein provided, shall be the registration officer of such city, town or precinct, and it shall be his duty to register all legal voters of such city, town or precinct on such poll books, as hereinafter provided: Provided, That in all cities of the first class, the city council may, by ordinance or resolution, direct that in all or certain of the precincts of such city, designated in such ordinance or resolution, the poll books of such precincts shall be kept open in such precincts for the registration of voters thereof, at and during such time as shall be designated in such ordinance or resolution. It shall be the duty of the city clerk, in cities of the first class, to designate by the notice required by section 4765 the time and place where the registration poll books for each precinct so designated by ordinance or resolution will be open in such precinct for the registration of voters of such precincts; and the city clerk shall provide for the precinct book in charge of an officer of registration to be kept at the place and kept open for the registration of voters qualified to register, between the hours of 9 a. m. and 9:30 p. m. on the days designated in said published notice: Provided, further, That in precincts outside of incorporated cities or towns, the registration officer of any such precincts, may, with the written consent of the county auditor, during the time such poll books are kept open for the registration of voters therein, for the convenience of the voters, and at such time or times and by giving such notice of his intention so to do, as he may deem expedient, designate some centrally located place in addition to the usual place where such poll books are kept, where the said poll books will be kept open for the registration of voters of such precincts. (L. 19, Ch. 163, § 4.) 13. Effect of Registration as Evidence of Right to Vote. [§ 5122, Rem. Code] It shall be the duty of all citizens of such city, town or voting precinct, after the opening of the books as herein provided, to apply to the city or town clerk or officer of registration, and be registered therein, at such time or times as said books shall be open for that purpose, as provided in this act; and such registration when made, as in this chapter provided, shall entitle such citizens to vote in their respective wards and precincts. If such citizens are otherwise legally qualified voters at such election, and have so caused themselves to be registered, such registration shall be prima facie evidence of the right of such citizens to vote at any election held in such city, town or precinct subsequent to such registration, and preceding the first Monday of January next thereafter. (L. '90, p. 415, § 4.) 14. Officers of Registration Must Publish Notice. [§ 5123, Rem. Code] It shall be the duty of the city or town clerk of each incorporated city or town, beginning the first week in January, 1920, and biennially thereafter, and of the county auditor of each county, beginning the first week in January, 1920, and quadrennially thereafter, to cause to be published in a newspaper of general circulation in such city, town or county for two successive weeks, a notice that the legal voters of said city, town or county can register at the office of the said city or town clerk, or at the residence of the registration officers of the precincts of said county outside of incorporated |
