Chap. 46.—An ACT to Provide for a General Registration of Voters.

Approved April 12, 1870. °

1. Be it enacted by the general assembly, That the judge
of the county and hustings court of each county, city, and
town of this commonwealth, immediately after the first elec-
tion and qualification of the said judges under the constitu-
tion, and every second year thereafter, counting from January,
eighteen hundred and seventy, at the January term of their
respective courts, shall appoint a registrar for each township,
ward, and voting place of their respective counties, cities, and
towns, who shall be a discreet citizen, and resident of the
township or ward to which appointed: provided, that the
<ommissioners to divide the counties into townships, shall ap-
pomt the said registrars in each county in the commonwealth,
Immediately upon the said division of their respective coun-
ties, in case the judge of such county shall not then have
been elected and qualified; and the registrars so appointed by
said commissioners, shall continue to discharge the duties
under this act unti] registrars shall be appointed in their stead
by the judge of the county or hustings court :. provided, how-
ever, that for every ward containing over one thousand voters,
the said judge or commissioners shall appoint one registrar
for every thousand voters, and one for every fractional part of
thousand above five hundred, and there shall be at least as
many voting places in each ward as registrars for such ward.

2. Each registrar, so appointed and qualified, as hereinafter
provided, shall register all male citizens of his election district,
who shall apply to be registered, and who shall be of the age
of twenty-one years, at the first election to be held after the
registration, and who are citizens of the United States, and
shall have resided in the state twelve months, and in the
county, city or town in which they propose to register, three
months next preceding any election at which they may offer
to vote: provided, that no officer, soldier, seaman, or marine
of the United States army or navy, shall be considered a
Tesident of the state by reason of being stationed therein:
and provided, also, that idiots and lunatics, persons convicted
of bribery in any election, embezzlement of public funds,
treason or felony, and any person who, while a citizen ot this
state, has, since the adoption of the present constitution,
fought a duel with a deadly weapon, sent or accepted a chal-
lenge to fight a duel witlf a deadly weapon, either within or
beyond the boundaries of this state, or knowingly.conveyed
the challenge, or assisted, in any manner, in fighting a duel,
shall not be registered as voters: and provided further, that
in the event that any person claiming to be a naturalized citi-
zen of the United States shall not be able to establish the date
of his papers, or the court in which they were issued, by
reason of his having lost the same, or for any other cause,
then his oath or affirmation to the fact that he has been duly
naturalized, shall be accepted, and shall entitle him to register.

3. The secretary of the commonwealth shall cause to be
prepared suitable books and blanks for the registration of
voters, and shall forward them to the clerks of the county and
hustjngs courts of the several ‘counties, cities, and towns, to
be by them distributed to the registrars of their respective
townships, wards, and voting places. The books aforesaid
shall be so arranged as to admit of the alphabetical classifica-
tion of those registered, and shall be ruled in parallel columns,
in which shall be entered the number, name of voter, the fact.
that he is sworn, his age, occupation, the place of residence at
time of registration, the length of time of his residence in the
county, city, or town. If in a city, stating the name of the
street and number of house in which he resides, provided
the same be numbered, the time of his residence in the state,
and if naturalized, the date of his papers and the court by
which issued, in case the same can be ascertained. The list of
‘voters, white and colored, shall be kept and arranged in sepa-
rate books.

4. Before any registrar shall register the name of any per-
son as a voter, he shall be satisfied of his qualification, as here-
tofore prescribed; and, all persons applying for registration
shall, before they are registered, take and subscribe the oath
prescribed by the constitution, which is as follows:

a & , do solemnly swear (or affirm) that I am not dis-
qualitied from exercising the right of suffrage by the constitu-
tion framed by the convention which assembled in the city of
Richmond on the third day of December, eighteen hundred
and sixty-seven, and that I will support and defend the same
to the best of my ability”; which oath, so subscribed, shall
be filed with the registrar and preserved with the books of
registration,

he constitution referred to in this oath is understood to be
as adopted by the people on the sixth day of July, eighteen
hundred and sixty-nine. .

5. Each registrar shall, before entering upon the duties of
his office, take and subscribe, before some officer authorized by
law to administer oaths, the oath of office prescribed in the
constitution of this state, which oath or affirmation he shal}
subscribe and file in the clerk’s office of the county or hustings.

court of his county or corporation. He shall receive a com-
pensation of threo dollars for each day actually employed, to
e paid out of the county or corporation treasury.

6. No person who acts as registrar shall be eligible to an
office, to be filled by election by the people, at the next
election thereafter. :

7. Each registrar shall annually, on the fourth Tuesday in
April, at his voting place, proceed to register the names of all
the qualified voters within his voting district, not previously
registered in his said district, in accordance with the provi-
sions of this act, who shall apply to be registered, commencing
at sunrise and closing at sunset of each day, and shall complete
such registration within five days thereafter: provided, how-
ever, that at the first registration under this act, seven days
shall be allowed to complete such registration. Fifteen days
previous to any state, county, or township election, the regis-
trar shall sit two days for the purpose of amending and cor-
recting the list, at which time any qualified voter applying and
not previously registered, may be added. The registrars shall

ive notice of the time and place of all registrations, for at
east ten days before each sitting, by posting written or printed
notices thereof at five or more public places in their town-
ships, wards, and election districts. It shall be the duty of the
registrars, within ten days after the completion of any general
registration of voters under this act, to have posted at three
or more public places in their townships, wards, and election
districts, written or printed lists of all persons admitted by.
them to registration.

8. Be it further enacted, That the clerk of the county court
and hustings court shall, at each registration after the first, de-
liver to each registrar in his county or city a list of all voters
who have died or who have been convicted of felony since the
last registration, and it shall be the duty of the registrar to
correct his list in accordance with the list thus furnished before
proceeding with the registration.

9. Whenever a registered voter changes his place of resi-
dence from one voting district to another, it shall be lawful for
him to apply for, and it shall be the duty of the registrar of
his former voting district, whether it be in a township, ward,
or voting place, to furnish a certificate that he was duly regis-
tered, and that his name has, since his removal, been erased
from the registration books of said voting district, which shall
be sufficient evidence to entitle him to register, and the name
of every such person shall be entered upon the registration
book ot the township, ward, or voting place to which he has
removed.

10. When any vacancy shall occur in the office of registrar,
the judge of the county or hustings court shall have the power
at any time to fill the same, and if, from any cause, the regis-
trar shall be unable to discharge the duties of his office, the
said judge shall have power to appoint one pro tempore in his
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11. -If, after the first appointment of registrars, there be no
county or hustings judge, or from any cause it be improper
for him to make the appointment of registrars, or hear and
determine the causes of appeal provided for in this act, all the
powers and duties herein conferred on said judge shall be dis-
charged By the commonwealth’s attorney for such county, city
or town.

12. If any person shall offer to register and shall be re-
jected by the registrar, he may take an appeal to the judge of
the county or hustings court of his county, city, or town, in
term time or vacation; and any elector may challenge the
right of any person offering to register, and if the registrar
shall allow such challenged person to register, the said elector
may appeal, in like manner, to said judge. And it shall be
the duty of the registrar, on application of any person so de-
siring an appeal, to transmit to the judge of the said court
having jurisdiction over the said voting place, a written state-
ment of the ground relied on by the appellant, and the reasons
relred on by the registrar for his action.

It shall be the duty of said judge to hear evidence offered
by the said appellant and appellee; but in case the appeal is
by an elector, contesting the right of any person so register-
ing, such person shall have reasonable notice of the time and
place of hearing said appeal; and the said judge shall, at least
five days previous to any election, transmit to the registrar
from whose action such appeal was taken, his decision, which
shall be entered by the registrar on his registration books. In
any case of appeal under this section, the court may give or
refuse costs as to it may seem right.

The registrar, at each place of voting, shall deliver to the
commissioner of election his registration book previous to any
election to be held at said voting place; and after each elec-
tion, the commissioners of election shall deposit the registra-
tion books with the clerk of the respective townships for safe
keeping; and the said registration books shall, at all times, be
open to inspection.

13. Every registrar shall preserve order at and in the
vicinity of the place of registration; and to enable him to do
so, he shall be clothed with all the powers of a conservator of
the peace whilst engaged in the discharge of his duties.

14. Any registrar who shall wilfully or maliciously reject
from registration, or corruptly register any person contrary
to the provisions of this act, shall be deemed guilty of a mis-
demeanor, and, on conviction thereof, shall be fined not less
than fifty nor more than one hundred dollars, and shall be con-
fined in the county or city jail not less than three nor
more than twelve months; but no registrar shall be held
liable for any error of judgment in the discharge of his duties.

15. Any officer or other person who shall illegally change,
alter, amend, or destroy any books or lists of registration,
shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall forfeit and pay a fine of not less than fifty nor
more than five hundred dollars, and shall be imprisoned in
jail not less than three nor more than twelve months.

16. Any person who shall wilfully, knowingly, or corruptly
swear falsely in any matter connected with registration, shall
be deemed to be guilty of perjury, and shall be confined in
jail one year, and be fined not exceeding one thousand dollars;
and in any prosecution for swearing falsely, in taking the oath
of a voter, prescribed in this act, the certificate of the regis-
trar before whom such oath was taken, shall be prima facie
evidence of the taking such oath. |

17. The common council or board of trustees of each city
or town having more than five thousand inhabitants, shall
appoint for each ward as many voting precincts as they may
deem necessary, and shall prescribe and cause to be published
the boundaries of such precincts, and no voter shall cast his
ballot save at the vdting place of the precinct wherein he
lives.

The council or board of trustees shall cause to be made,
under the superintendence of the registrar. or registrars for
each ward, a separate list of all the voters in each precinct of
said ward, which list shall be made in a book, such as is pro-
vided in the. third section ot this act, and shall contain the

rticulars’ therein prescribed, and the said list shall be de-

ivered to the commissioner or commissioners of election in
such precinct before any election to be held at said precinct.

And the said common councils or boards of trustees shall
appoint registrars in their respective cities or towns in all
cases in which no appointments shall have been made be-
cause of the failure of the judge to qualify.

18. All acts repugnant to or inconsistent with this act, are
hereby repealed.

19. This act shall be in force from its passage.