4

Registration.

More than half of the constitutions contain provisions relat-92. ing to the registration of voters prior to election. They may be mandates that the legislature shall enact such laws, or merely permission to pass them; or they may indicate to some extent the requirements of the laws contemplated-for instance uniformity, annual registration, or registration for cities above a certain size. In New York1 registration may not be required for town and village elections except by express law.

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Permanent registration for persons having specified qualifications is prescribed in a few states in connection with their efforts to exclude negro voters.2 No law may be passed in Arkansas3 to make the right to vote depend on previous registration, nor in West Virginia1 to authorize or establish a board or court of registration.

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Application for registration is regulated in a few states, and occasionally an appeal from rulings of the election officers is provided for. In South Carolina' registration is ordinarily decennial; but for persons not previously registered under the constitution, annual; it must be completed thirty days before election. In New York completion must be at least ten days before election, and in Mississippi' four months. The making of corrections is provided for in several states.2

Registration is conclusive evidence to the judges of election of the right to vote in Maryland; also in Delaware unless the voter is disqualified for giving or taking a bribe.3 Persons who will at election time be qualified electors as to age and resi

se. g., Ky. 147, 155; Mo. VIII, 5; Tex. VI, 4; Wash. VI, 7. See also Pa. VIII, I, 7; Wis. III, 1.

Ala. VIII, 180, 187, 190; La. 197 (5); N. C. VI, 4; S. C.

Ala. VIII, 188; Del. V, 4; La. 197 (3), (4); Va. II, 20; Va. requires official record of questions to and answers of applicant to be kept.

"See Del. V, 4; La. 201, 213; Miss. XII, 251; S. C. II, 5; Va. II, 25. "II, 4, 11.

8II, 4.

9XII, 251.

1See also Del. V, 4; La. 213; R. I. Amend. XI, 11.

2Del. V, 4; La. 213; Miss. XII, 251 (any time before election). See also Md. I, 5.

31, 5; V, 4. The correction of illegal registration is occasionally authorized.La. 201; Miss. XII, 248; S. C. II, 5; Va. II, 25; Wash. VI, 1.

93. Election

dence are occasionally guaranteed the right to register. Registration boards are required to be bipartisan in New Mexico and New York.5

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A majority of the constitutions fix dates for elections—usually the first Tuesday after the first Monday in November," but Regulations. also in other months, or as the legislature shall prescribe. According to the Maryland and North Carolina constitutions9 elections ought to be frequent, the latter adding "for redress of grievances and for amending and strengthening laws." About half of the states prescribe the frequency of elections-annual,1 biennial' or quadrennial, often stating the purpose, general or specific. Election districts are given notice or regulation in a few constitutions.1

North Dakota has the unique provision that the legislature may prescribe penalties for failing, neglecting or refusing to vote at a general election. In several states the legislature may or must prescribe oaths for electors. The place of election, when prescribed, must usually be in the election district or precinct of the voter's residence. In twenty-three states designation of the place by local or special law is prohibited.

Election officers are recognized in a number of constitutions,1 some of which contain fairly elaborate clauses. In Pennsylvania

district election boards shall consist of a judge and two inspectors, who shall be chosen annually by the citizens. Each elector shall have the

4La. 213; Miss. XII, 251; S. C. II, 11; Va. II, 26.
"VII, 1; II, 6.

6e. g.
All general elections to be held on Tuesday after first Monday in No-
vember, except township elections to be held at time prescribed by law and
election of judges of courts of general or appellate jurisdiction to be held at
time prescribed by legislature when no other officer shall be voted for (Ind.
II, 14).

Te. g., La. 206, 207; Me. II, 4; Tenn. VII, 5.

8Okla. III, 4.

'D. R. 7; I, 28.

1Colo. VII, 7; Ky. 148, 155,-Not more than one election annually to be held in state or any city, town, district or county except as otherwise provided in constitution; not to apply to school district elections. See also Conn. Amend. XXXII.

2e. g., Del. V, 1; 0. XVII, 1; Wash. VI, 8.

.

La. 206, 207; Miss. IV, 102, XII, 252. See Wash. VI, 8.

Ala. IV, 104; Ga. III, sec. VII, 18; Ky. 59; Pa. VIII, 11; S. C. II, 9, VII, 9. 5V, 127.

"Conn. Amend. VIII; Nev. II, 6.

'Minn. XV, 3; Vt. II, 34 prescribes an oath.

se. g., N. Y. II, 1; S. C. II, 9; See Mass. Amend. XXIX; Tenn. IV, 1.

e. g., Colo. V, 25; Fla. III, 20; Ind. IV, 22; Ky. 59.

See Ala. VII, 186; Ark. Amend. IX; Md. III, 49; N. M. VII, 1; N. Y. II, 6;

Okla. III, 4; Pa. VIII, 14, 16; S. C. II, 4; Va. II, 31.

right to vote for the judge and one inspector, and each inspector shall appoint one clerk. The first election board for any new district shall be selected, and vacancies in election boards filled, as shall be provided by law. Election officers shall be privileged from arrest upon days of election, and while engaged in making up and transmitting returns, except upon warrant of a court of record or judge thereof, for an election fraud, for felony, or for wanton breach of the peace. In cities they may claim exemption from jury duty during their terms of service.

On petition of five voters in one election district, the court of common pleas has power

to appoint overseers of election to supervise the proceedings of election officers and to make report to the court as may be required.

More than one-third of the constitutions2 prohibit local laws respecting the opening of elections.

Laws regulating the conduct of elections are required by some constitutions and by more regulation by local or special law is prohibited. Several states require the prohibition of the sale or gift of intoxicants at elections.5

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Persons challenged at the polls are required by a few constitutions to swear or affirm innocence before their votes are received. Electors usually have constitutionally guaranteed privileges from arrest while going to and returning from the polls.7

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Voting by

The chief requirement concerning the manner of voting is 94. that it shall be by ballot, which is unqualifiedly prescribed in Ballot. two-thirds of the states, and with exceptions in ten others." The Oregon clause' is that voting shall be open or viva voce until the legislature directs otherwise. There are a number of constitutional directions concerning the form of the ballot, as

2e. g., Fla. III, 20; Ill. II, 22; Ind. IV, 22.

se. g., Ala. I, 33; VIII, 190; Colo. XX, 6; Me. IV, Pt. I, 5; Mass. Amend. II; Tex. XVI, 2.

4e. g., Ind. IV, 22.

Ga. II, 5; Ky. 154, 155; La. 205. See Ala. VIII, 191,-Duty of legislature to pass adequate laws to protect against evils arising from use at elections. Ala. VIII, 185; Del. V, 3; Ga. II, 1; N. Y. II, 2; Pa. VIII, 8.

7e. g., Tenn. IV, 3.

se. g., Ind. II, 13; Tenn. IV, 4.

Ariz. VII, 1; Cal. II, 5; Conn. VI, 7; Amend. VI, XXXIII; Ky. 147, 155; La. 212; Mich. III, 7; Minn. VII, 6; N. Y. II, 5; Pa. VIII, 4; Wis. III, 3. 1II, 15.

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that it must be officially printed,2 written or printed, written,* uniform, open, sealed or secret according to the voter's choice," or as the legislature shall direct. To these various constitutional mandates an occasional exception is allowed.

Arizona prohibits the requirement of a fee for printing the name of a candidate on the official ballot. Louisiana' allows the names and devices of independent candidates to be printed upon the ballot; Virginia1 prohibits distinguishing marks or symbols. In three states ballots must be numbered by the election officers in the order received from the voters. Three constitutions3 require that the voters shall be furnished with official ballots.

There are two types of ballots actually in use which may be said to be competing for popular favor,*-the so-called partycolumn ballot and the Massachusetts or office-column ballot. The distinguishing feature of the first is the listing of all of the nominees of the same party, no matter for what office, in a single column, under a party designation, and the provision that a single mark by the voter will cast a ballot for the entire― straight party-ticket. The ignorant voter may distinguish the party emblem and the voter who, discriminately or indiscriminately, wishes to obey his party's dictates from first to last need not trouble himself to vote for each separate nominee. The Massachusetts ballot, on the other hand, groups the candidates according to offices and requires that a separate mark be placed beside the name of the voter's choice among the nominees for each office. Strictly there should be no party emblems, but in practice they are by no means unknown. The elimination of partisan designations-even the party names-from ballots seems to be growing in favor for the reason that it makes less practicable the unintelligent vote of party henchmen at the be

2Ark. III, 3; Colo. VII, 8; Mo. VIII, 3; Legislature may provide for same,S. D. VII, 3; Tex. VI, 4.

Ky. 147, 155; La. 212; (exceptions). Wyo. VI, Suffrage 11.

On this point see Young, J. T., The New American Government and its Work, p. 307. See also Garner, J. W., Government in the United States, pp. 135, seq.; Beard, C. A., American Government and Politics (1910 Ed.), 675, seq. 5e. g., a star or an eagle-used by Democrats and Republicans, respectively, in New York City.

hest of a party boss and tends to encourage careful discrimination in choosing among the candidates of the several parties for each office.

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In several states elections are specifically required to be open and not secret, and secrecy of the ballot is provided for by at least fifteen constitutions. Writing new names on the bal lot is specifically allowed in Louisiana, Virginia and Wyoming. In Virginia" the preparation and deposit of the ballot must be without aid unless the voter is physically unable to accomplish it or was registered before 1904.1 In California2 different methods of voting may be authorized for different parts of the state.3

During election in Virginia ballot boxes must be kept in public view and their opening must not be in secret. Mechanical devices for voting or voting machines are authorized in a few states.5

Results.

Various directions regarding the counting of ballots are 95. Ascertaining found, for instance, that it must not be secret, or that it the Election must be by certain specified officials." The official to whom returns from elections must in due course be sent is sometimes specified.s

Colo. II, 5; Mo. II, 9; Mont. III, 5; N. M. II, 8; S. C. I, 10, II, 1; Wyo.
I, 27.
Te. g., Ky. 147, 155; N. Y. II, 5; Pa. VIII, 4.
8212; II, 28; VI, Suffrage 11.

II, 21.

This, like several other clauses already cited in southern constitutions, is part of the propaganda to discourage voting by negroes. It may, however, be meant simply to procure secrecy and make corruption less practicable. In Ky. (147, 155), ballots are to be marked in private at polls and then and there deposited; legislature to provide that illiterate, blind and disabled electors may have ballots marked for them; not to apply to school elections.

2II, 6; see also XX, 13; Ohio X, 4.

Minn. (III, 33) and Nebr. (III, 15) forbid regulation of local voting by local or special laws.

4II, 27, see also Del. V, 6.

"Cal. II, 6; Colo. VII, 8; Conn. Amend. XXXIII; Mass. Amend. XXXVIII; Utah IV, 8; Va. II, 37.

"La. 203; S. C. II, 1; Va. II, 27.

'Del. V, 6 (superior court); Me. IV, Pt. I, 5 (in cities, aldermen); Mich. VI, 20 (for governor, etc.; ex officio state board); N. M. XX, 7 (county and state boards); Nev. V, 4 (for state officers, highest court). See also Ark. III, 11; Wyo. VI Suffrage 11.

se. g., Miss., IV, 114. Plurality choice, which obtains almost invariably, is sometimes specifically allowed; see Ariz. VII, 7; Fla. XVI, 8; Md. IV, 11; Mass. Amend. XIV; Mont. IX, 13; Nev. XV, 14; N. M. VII, 5; R. I. Amend. X, 1. Thus California (XX, 13) provides that "a plurality of the votes given at any election shall constitute a choice where not otherwise directed in this Constitution; provided, that it shall be competent in all charters of cities, counties or cities and counties framed under the authority of this Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor; and provided, also, that it shall be competent for the Legislature by general law to provide the manner in which officers of municipalities organized or incorporated under general laws may be elected and to prescribe a higher proportion of the vote therefor."