DEAF, DUMB AND BLIND An Act to provide for the education of the deaf and dumb and the blind of the State of Nevada. Approved March 2, 1907, 371 1702. Sent to California or Utah institutions. 1704. All intelligent deaf, dumb, and blind 1703. Application for support and education, to receive tuition. how made. 1702. Sent to California or Utah institutions. SECTION 1. The superintendent of public instruction is authorized to make arrangements with the directors of any institutions for the deaf and dumb and the blind in the State of California, or in the State of Utah, for the admission, support, education and care of the deaf and dumb and the blind of this state, and for that purpose is hereby empowered to make all needful contracts and agreements to carry out the provisions of this act. As amended, Stats. 1905, 253; 1907, 371. 1703. Application for support and education, how made. SEC. 2. Upon the application under oath of a parent, relative, guardian or nearest friend of any deaf, dumb or blind person, resident of this state, setting forth that by reason of deafness, dumbness, or blindness, such person is disqualified from being taught by the ordinary process of instruction or education, and that such parent, relative, guardian or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions, and file the same with the board of county commissioners of the proper county, and such board shall be satisfied of the truth thereof and such board shall have made application to the superintendent of public instruction for that purpose, it shall be the duty of the superintendent of public instruction to issue a certificate to that effect, which certificate being produced, shall be the authority of the directors of any of the institutions aforesaid for receiving such deaf and dumb or blind person. As amended, Stats. 1905, 253; 1907, 371. [Sec. 3, making appropriation, omitted.] 1704. All intelligent deaf, dumb and blind to receive tuition. SEC. 4. All deaf and dumb or blind persons that are not mentally or physically incapacitated to receive an education or instruction, that are free from offensive or contagious diseases, and are unable to pay for their support, education and instruction in any of the aforesaid institutions, and whose parent, relative, guardian or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions, shall be entitled to the benefits intended by this act, and it is hereby made the duty of the board of county commissioners of such county to make provisions, at the expense of the county, for carrying such person to the office of the superintendent of public instruction, who shall make necessary arrangements for carrying the person to any of the institutions of instruction before mentioned, at the expense of the state, payable out of the fund provided by this act. All deaf, dumb or blind persons over the age of twenty-one years seeking admission into the aforesaid institutions shall, before making application under this act, have been actual, bona fide residents of the State of Nevada for the period of five years preceding the date of making such application. As amended, Stats. 1905, 253; 1907, 371. Original act, Stats. 1869, 103, has been wholly amended by the foregoing sections. For further rights and duties of state superintendent of public instruction, see Public Schools, State Superintendent of Public Instruction. ELECTIONS REGISTRATION An Act to provide for the registration of electors, approved March 5, 1869, sections 1705-1719. An Act supplemental to an act to provide for the registration of voters, approved March 5, 1869, approved February 20, 1885, allowing county commissioners to publish list of voters, section 1720. An Act to provide for the registration of voters in case of death or resignation of registry agent, approved March 6, 1879, sections 1721-1725. An Act to provide for the registration of electors in certain incorporated cities, approved March 24, 1911, sections 1726-1732. Separate registration for out-of-town voters in precincts containing cities and towns, sections 1866, 1867. An Act providing that registration at the primary will be sufficient for voting at the general election, approved March 23, 1911, section 1733. An Act requiring registry agents to file list of registered voters with the county clerk and secretary of state, approved March 19, 1901, sections 1734, 1735. PRIMARY ELECTION An Act to provide for the direct nomination of candidates for public office by electors, approved March 23, 1909, sections 1736-1766. GENERAL ELECTION An Act relating to elections, approved March 12, 1873, sections 1767-1832. An Act relating to elections and to more fully secure the secrecy of the ballot, approved March 13, 1891, sections 1833-1862. An Act supplemental to the last-named act, and requiring rejected ballots to be canvassed on separate sheet, approved March 18, 1901, section 1863. An Act further supplemental to that act, prohibiting officers from marking ballots, except to indorse reasons for rejection, approved March 19, 1901, section 1864. An Act relating to elections, approved March 6, 1889, requiring that no precinct shall have more than four hundred voters, section 1865. An Act concerning the election of town and city officers, approved March 22, 1897, sections 1866-1871. An Act providing for the closing of the polls when all votes of the precinct have been cast, approved March 6, 1889, section 1872. An Act to provide for the transmission of ballots, poll books and tally lists by mail in certain cases, approved March 6, 1889, sections 1873-1877. An Act providing for the manner of submitting constitutional amendments to the voters of the state, approved March 5, 1887, sections 1878-1881. An Act to provide for submitting certain acts of the legislature to the electors under the referendum provisions of the constitution, approved March 24, 1909, sections 1882-1886. An Act to provide for the taking of the votes of electors of the state who may be in the military service of the United States, approved March 14, 1899, sections 1887-1893. An Act limiting the time in which proceedings for contesting the election of any officer may be begun, approved March 25, 1903, sections 1894, 1895. ELECTION OF UNITED STATES SENATOR An Act to secure the election of United States senators in accordance with the will of the people and the choice of the electors, approved March 14, 1899, sections 1896-1900. Statutes of the United States relative to the election of United States senator by the legislature, sections 1901-1906. An Act prescribing the manner of electing United States senators, approved March 7. 1865, sections 1907-1914. OTHER PROVISIONS RELATING TO ELECTIONS Amendments to constitution to be submitted to vote of people, Const. 383. Assemblymen, section 2779, Const. 261; special election to fill vacancy for, section 2797. Civil process suspended on election day, Const. 253. Clerk of supreme court, section 2776. Constables, section 2782. County commissioners, sections 1501, 1534; Const. 284. County officers, sections 2765, 2773, 2781. Elector, qualifications of, Const. 250, 411. Governor, sections 2765, 2773, 2774; Const. 295. High schools, sections 3413, 3415. Justices of the peace, sections 2782, 4852; Const. 323. Justices of supreme court to canvass, Const. 297. Laws to be passed regulating, Const. 252. Lieutenant-governor, sections 2765, 2773, 2774; Const. 310. New constitution, legislature to recommend vote upon, Const. 384. Office, eligibility for, Const. 371. Presidential electors, sections 2767, 2768. Recorders of municipal courts, section 4856. Referendum, Const. 412. Registration of electors, Const. 255. Representative in Congress, section 2772. Residence defined, section 3609; Const. 250, 251, 252. Residence not gained or lost, how; Const. 250. Road supervisors, sections 3037-3040. School district bonds, sections 3431-3442. School trustees, sections 3278-3313. Senators, section 2780, Const. 262; special election to fill vacancy for, section 2797. Soldiers and sailors to vote, Const. 252. State officers, sections 2765, 2773, 2774; Const. 312. Superintendent of public instruction, section 2777; Const. 353. Undue influence from power, bribery, tumult or improper practice, laws to be passed prohibiting, Const. 285. United States senator, Const. 292, U. S. Const. 93, qualifications, 95. Votes, plurality at election, to constitute choice, Const. 882. Voter, qualifications of, Const. 250, 411. Who not entitled to vote, Const. 250, 335, 371. REGISTRATION An Act to provide for the registration of the names of electors and to prevent fraud at elections. Approved March 5, 1869, 140 1705. Justice of peace ex officio registry 1706. Commissioners to provide stationery. 1709. Voter to take oath. 1711. Naturalized citizen-Questions pro- 1712. Names and notice to be posted-Challenges, how made-Application to district judge-Penalty against registry agent. 1705. Justice of peace ex officio registry agent-Commissioners may appoint for other precincts-Registry agent may appoint deputy. SECTION 1. The justices of the peace of the several counties of the state shall be ex officio the registry agents of their respective townships, and, as such, their powers and duties shall be as hereinafter provided in this act; provided, that in any townships where, from any cause, there shall be no justice of the peace duly commissioned and qualified, or where an election district. may be situated too distant from the office of the justice of the peace of said township, the commissioners of the county in which said election district is located may appoint some other competent person to perform the duties of registry agent, who shall be clothed with the same power and governed by the same restrictions as justices of the peace in the registration of the names of electors under the provisions of this act. All registry agents shall have power to administer oaths or affirmations, and do such other acts as may be necessary to fully carry out the provisions of this act. Any registry agent or ex officio registry agent may appoint a deputy registry agent who, upon the filing of his appointment and oath of office with the county clerk, shall have power to register voters, administer oaths or affirmations, and do all such other acts as may be done by a registry agent in carrying out the provisions of this act. Any registry agent or ex officio registry agent appointing any deputy shall be responsible for the compensation and acts of such deputy. As amended, Stats. 1911, 332. The provisions of the registry law, when necessary to preserve the purity of elections, should be strictly pursued. Each elector must be registered and vote in the election precinct where he resides. Stinson v. Sweeney, 17 Nev. 309, 314, 315 (30 P. 997). Where a noncompliance with the provisions of the registry or election laws, upon the part of the registry agent or officers of election, are not essential to preserve the purity of elections and the election is fairly and honestly conducted, the voters should not, on account of such irregularities, be deprived of their votes. Idem. When there is no justice of the peace residing in an election district it is the duty of the county commissioners to appoint a suitable person to act as registry agent therein, and in remote precincts a nonresident may be appointed. Idem. Registration is not an electoral qualification, but is only a means for ascertaining and determining whether the voter possesses the qualifications required by law, and to secure in an orderly and convenient manner the right of voting. State ex rel. Boyle v. Board of Examiners, 21 Nev. 67 (9 L. R. A. 385, 24 P. 614). The constitution has committed the subject of registration of electors to the legislature for the purpose of determining who are qualified voters, and laws of this description must be calculated to facilitate and secure, rather than impede, the exercise of the right to vote. Id. See ante, 255. No provision having been made for registration, except in the case of death or resignation of registry agent, one acting for such registry agent when the registry agent is sick is without authority. State ex rel. McMillan v. Sadler, 25 Nev. 132 (58 P. 284, 59 P. 546, 63 P. 128). Cited, State ex rel. Wilson v. Stone, 24 Nev. 309 (53 P. 497). 1706. Commissioners to provide stationery. SEC. 2. The county commissioners of the several counties shall provide for the registry agents, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this act. They shall furnish to each registry agent a book which shall be known as the "Official Register," which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: First-Number on the register. Second-Date of registry. Third-Name of elector. Fourth-Age of elector. Fifth-Where born. Sixth-Last place of residence before coming to Nevada. Seventh-First place of residence in Nevada. Eighth-Present number of ward, or name of electoral district. Ninth-Description of residence. Tenth-Certificate of naturalization exhibited. As amended, Stats. 1905, 190. See sec. 1744. 1707. Directions as to registration. SEC. 3. It shall be the duty of the registry agents, at any time when called on to do so, between the hours of ten a. m. and six p. m. on all legal days, from and after the first day of August, and up to and including the twentieth day of October, prior to any general election, and in the case of any special or municipal election, provided for by law, twenty days prior to closing the register (which shall close ten days prior to the day of election), to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified) and right to vote at such ensuing election according to the provisions of law under which such election may be held, in each election district within their respective townships, entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full, if practicable), the age and nativity of the elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides, such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the "Official Register" of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this act, said registry agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o'clock p. m., in addition to the hours heretofore required in this section; and provided further, that if any person shall fail or refuse to give his residence and the other information, with the particularity required in this section, he shall not be registered. As amended, Stats. 1905, 191; 1907, 195; 1909, 53. Const., sec. 255. Regarding registration in incorporated cities, official register to be furnished, see secs. 1727, 1729. In precincts containing town or city, voters residing out of town are to be registered separately, sec. 1866. The statute relating to removal of countyseats (Stats. 1867, 78), required an election to be held within fifty days after the order therefor: Held, that though the above section might render it impossible to hold an election within fifty days, still the former law was too clear and plain in its terms to mean that the fifty-day period could be extended. State ex rel. Hess v. Washoe Co., 6 Nev. 104, 108. 1708. Notice of expiration of time of registration published. SEC. 4. The registry agents shall cause to be published in a newspaper published in their county, or if none be so published, then in the newspaper published nearest to their county-seat, for twenty days before the expiration of the time provided for registration, prior to any general election, and for ten days before the expiration of the time provided by law for registration prior to any special or municipal election, a notice to the effect that the time for the registration of the names of the qualified electors in election districts number of township number, prior to the election, (specifying the election), to be held on the day of -, A. D. 18, for the county of (or city of), will expire at six o'clock p. m. on the day of A. D. 18. The publication of said notice shall continue until the expiration of the time provided for said registration; provided, that in remote or new and sparsely settled districts written notices posted at not less than five conspicuous places within said district may be substituted for the publication in a newspaper. |