James Jefferson Mayfield Alabama.

Constitutions of 1875 and 1901: paralleled, annotated and indexed, by James ... online

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the war of 18 12, or in the war with Mex-
ico, or in any war with the Indians, or in
the war between the States, or in the land
or naval forces of the Confederate States,
or of the State of Alabama in the war
between the States ; or,

Third — All persons who are of good
character and who understand the duties
and obligations of citizenship under a re-
publican form of government. .

Sec. 181. After the first day of Jan-
uary, nineteen hundred and three, the
following persons, and no others, who, if
their place of residence shall remain un-
changed, will have, at the date of the next
general election, the qualifications as to
residence prescribed in Section 178 of
this article, shall be qualified to register
as electors; provided, they shall not be
disqualified under Section 182 of this
Constitution.



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96



Constitutions of Alabama



Suffrage and Elections.



1901. — Article VIII.
First — Those who can read and write
any article of the Constitution of the
United States in the English language,
and who are physically unable to work;
and those who can read and write any ar-
ticle of the Constitution of the United
States in th^ English language, and who
have worked or been regOlarly engaged
in some lawful employment, business or
occupation, trade or calling for the
greater part of the twelve months next
preceding the time they offer to register :
and those who are unable to read and
write, if such inability is due solely to
physical disability ; or,

Second — The owner in good faith in
his own right, or the husband of a woman
who is the owner in good faith, in her
own right, of forty acres of land situate
in this State, upon which they reside ; or
the owner in good faith in bis own right,
or the husband of any woman who is the
owner in good faith, in her own right, of
real estate situated in this State, assesed
for taxation at the value of three hundred
dollars or more, or the owner .in good
faith, in his own right, or the husband of
a woman who is the owner in good faith,
in her own right, of personal property in
this State assessed for taxation at three
hundred dollars or more; provided, that
the taxes due upon such real or personal
property for the year next preceding the
year in which he offers to register shall
have been paid, unless the assessment
shall have been legally. contested and is
undetermined.

Sec. 182. The following persons shall
be disqualified both from registering, and
from voting, namely :

All idiots* and insane persons; those
who shall by reason of conviction of
crime be disqualified from voting at the
time of the ratification of this Constitu-
tion ; those who shall be convicted of trea-
son, murder, arson, embezzlement, mal-
feasance in office, larceny, receiving stolen



1875. — ^Article VIII.



Sec. 3. The following classes shall not.
be permitted to register, vote or hold
office:

First. — Those who shall have been
convicted of treason, embezzlement
of public funds, malfeasance in office,,
larceny, bribery, or other crime punish-
able by imprisonment in the penitentiary.

Second. — Those who are idiots or in-
sane.



[Sec 182.]—

Does not impinge the Federal Constitution;
naJture of the elective franchise; forfeited by
the commission of any of the crimes here men-



tioned, or any grade of "diem. — Washington v.
State, 75 Ah., 582 ; Anderson v. State, 72 Ala.,
187; Gandy v. State, 82 Ala., 61, 86 Ala., 20.



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CON8TITUnON8 OF ALABAMA 97

Suffrage cmd EleetUms.

1901. — Article VIII.
property, obtaining property or money
under false pretenses, perjury, suborna-
tion of perjury, robbery, assault with in-
tent to rob, burglary, forgery, bribery, as- .
sault and battery on the wife, bigamy, liv-
ing in adultery, sodomy, incest, rape, mis-
cegenation, crime against nature, or any
crime punishable by imprisonment in the
penitentiary, or of any infamous crime or
crime involving moral turpitude; also,
any person who shall be convicted as a
vagrant or tramp, or of selling or offering
to sell his vote or the vote of another, or
of buying or offering to buy the vote of
another, or of making or offering to make
a false return in any election by the people
or in any primary election to procure the
nomination or election of any person to
any office, or of suborning any witness or
registrar to secure the registration of any
person as an elector.

Sec. 183. No person shall be qualified
to vote, or participate in any primary
election, (a) party convention, mass meet-
ing or other method of party action of any
political party or faction, who shall not
possess the qualifications prescribed in
this article for an elector, or who shall be
disqualified from voting under the provi-
sions of this article.

Sec. 184. No person, not registered
and qualified as an elector under the pro-
visions of this article shall vote at the
general election in nineteen hundred and
two, or at any subsequent State, county
or municipal election, general, local or
special; but the provisions of this arti-
cle shall not apply to any election held
prior to the general election in the year
nineteen hundred and two.

Sec. 185. Any elector whose right to
vote shall be challenged for any legal
cause before an election officer, shall be
required to swear or affirm that the mat-
ter of the challenge is untrue before his
vote shall be received, and anyone who
willfully swears or affirms falsely thereto,
shall be guilty of perjury, and upon con-
viction thereof shall be imprisoned in the
penitentiary for not less than one nor
more than five years.

(a) Acts 1903, p. 356.



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98 Constitutions or Alabama

Suffrage and Elections.

1901. — Article VIII.

Sec. 186. The Legislature shall provide
by law for the registration, after the first
day of January, nineteen hundred and
three, of all qualified electors, (a) Until
the first day of January, nineteen hundred
and three, all electors shall be registered
under and in accordance with the require-
ments of this section as follows :

First — Registration shall be conducted
in each county by a board of three reputa-
ble and suitable persons resident in the
county, who shall not hold any elective of-
fice during their term, to be appointed,
within sixty days after the ratification of
this Constitution, by the Governor, Aud-
itor and Commissioner of Agriculture and
Industries, br by a majority of them act-
ing as a Board of Appointment. If one
or more of the persons appointed on such
a Board of Registration shall refuse, neg-
lect or be unaible to qualify or serve, or if .
a vacancy or vacancies occur in the mem-
bership of the Board of Registrars from
any cause, the Governor, Auditor and
Commissioner of Agriculture and Indus-
tries, or a majority of them, acting as a
Board of Appointment, shall make other
appointments to fill such board. Each
registrar shall receive two dollars per
day, to be paid by the State, and disbursed
by the several Judges of Probate, for each
entire day's attendance upon the session
of the Board. Before entering upon the
performance of the duties of his office,
each registrar shall take the same oath re-
quired of the judicial officers of the State,
which oath may be administered by any
person authorized by law to administer
oaths. The oath shall be in writing and
subscribed by the registrar, and filed in
the office of the Judge of Probate of the
county.

Second — Prior to the first day of Au-
gust, nineteen hundred and two, the
Board of Registrars in each county shall
visit each precinct at least once and oft-
•ener if necessary to make a complete
registration of all persons entitled to reg-
ister, and shall remain there at least one
day from eight o'clock in the morning un-
til sunset. They shall give at least twen-
ty days' notice of the time when, and the

(a) Acts 1903, pp. 438 and 356.



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Constitutions of Alabama 99

Svffrage amd EUctUms.

1901. — ^Article VIII.
place in the precinct where they will at-
tend to register applicants for registra-
tion, by bills posted at five or more public
places in eadi election precinct, and by
advertisement once a week for three suc-
cessive weeks in a newspaper, if there be
one published in the county. Upon fail-
ure to give such notice, or to attend any
appointment made by them in any pre-
cinct, they shall, after like notice, fill new
appointments therein; but the time con-
sumed by the board in completing such
registration shall not exceed sixty work-
ing days in any county, except that in
counties of more than nine hundred
square miles in area, such board may con-
stune seventy-five working days in com-
pleting the r^stration, and except that
in counties in which there is any city of
eight thousand or more inhabitants, the
board may remain in session, in addtion
to the time hereinbefore prescribed, for
not more than three successive weeks in
each of such cities; and thereafter the
board may sit from time to time in each
of such cities not mpre than one week
in each month, and except that in the
county of Jefterson the board may hold
an additional session of not exceeding five
consecutive days' duration for each ses-
sion, in each town or city of more than
one thousand and less than eight thousand
inhabitants. No person shall be regis-
tered except at the county site or in the
precinct in which he resides. The regis-
trars shall issue to each person registered
a certificate of registration.

Third — ^The Board of Registrars shall
not register any person between the first
■day of August, nineteen hundred and two,
and the Friday next preceding the day of
election in November, nineteen hundred
and two. On Friday and Saturday next
preceding the day of election in Novem-
ber, nineteen hundred and two, they shall
5it in the court house of each county dur-
ing such days, and shall register all ap-
plicants having the qualifications pre-
scribed by Section 180 of this Constitu-
tion and not disqualified under Section
182, who shall have reached the age of
twenty-one years after the first day of
August, nineteen hundred and two, or
who shall prove to the reasonable satis-



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100



Constitutions of Alabama



Suffrage and Elections,



1901. — ^Article VIII.
faction of the board that, by reason of
physical disability or unavoidable absence
from the county, they had no opportunity
to register prior to the first day of Au-
gust, nineteen hundred and two, and they
shall not on such days register any other
persons. When there are two or more
court houses in a county, the registrars
may sit during such two days at the court
house they may select, but shall give ten
days' notice, by bills posted at each of the
court houses, designating the court house
at which they will sit.

Fourth — ^The Board of Registrars shall
hold sessions at the court house of their
respective counties during the entire third
week in November, nineteen hundred and
two, and for six working days next prior
to the twentieth day of December, nine-
teen hundred and two, during which ses-
sions they shall register all persons apply-
ing who possess the qualifications pre-
scribed in Section 180 of this G^nstitu-
tion, and who shall not be disqualified un-
der Section 182. In counties where there
are two or nK>re court houses the Board of
Registrars shall divide the time equally
between them. The Board of Regis-
trars shall give notice of the time and
place of such sessions by posting
notices at each court house in
their respective counties, and at each
voting place and at three other pub-
lic places in the county, and by publica-
tion once a week for two consecutive
weeks in a newspaper, if one be published
in the county ; such notices to be posted
and such publications to be commenced
as early as practicable in the first week
of November, nineteen hundred and two.
Failure on the part of the registrars to
conform to the provisions of this article
as to the giving of the required notices
shall not invalidate any registration made
by them.

Fifth— The Board of R^strars shall
have power to examine, under oath or af-
firmation, all applicants for registration,
and to take testimony touching the qual-
ifications of such applicants. Each
member of such board is authorized to ad-
minister the oath to be taken by the ap-
plicants and witnesses, which shall be in
the following form, and subscribed by the



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Constitutions of Alabama 101

Suffrage and ElectUms.

1901. — Article VIII.
person making it, and preserved by the
board, namely: "I solemnly swear (or
affirm) that in the matter of the applica-
tion of for regis-
tration as an elector, I will speak the
truth, the whole truth, and nothing but
the truth, so help me God." Any person
who upon such examination makes any
willfully false statement in reference to
any material matter touching the qualifi-
cation of any applicant for registration
shall be guilty of perjury, and upon con-
viction thereof, shall be imprisoned in the
penitentiary for not less than one nor
more than five years.

Sixth — The action of the majority of
the Board of Registrars shall be the ac-
tion of the board, and a majority of the
board shall constitute a quorum for the
transaction of all business. Any person
to whom registration is denied shall have
the right of appeal, without giving secur-
ity for costs, within thirty days after such
denial, by filing a petition in the Circuit
Court or court of like jurisdiction held for
the county in which he seeks to register,
to have his qualifications as an elector de-
termined. Upon the filing of the petition
the clerk of the court shall give notice
thereof to any Solicitor authorized to rep-
resent the State in said county, whose
duty it shall be to appear and defend
against the petition on behalf of the State.
Upon such trial the court shall charge the
jury only as to what constituted the qual-
ifications that entitled the applicant to be-
come an elector at the time he applied for
registration, and the jury shall determine
the weight and effect of the evidence and
return a verdict. From the judgment
rendered an appeal will lie to the Supreme
Court in favor of the petitioner, to be
taken within thirty days. Final judg-
ment in favor of the petitioner shall en-
title him to registration as of the date of
his application to the registrars.

Seventh — ^The Secretary of State shall,
at the expense of the State, have prepared
and shall furnish to the registrars and
Judges of Probate of the several counties
a sufficient numbers of registration books
and of blank forms of the oath, certifi-
cates of registration and notices required
to be given by the registrars. The cost



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102 Constitutions or Alabama

^u^Toge anA ElecUona.

1901. — Article VIII.
of the publication in newspapers of the
notices required to be given by the reg-
istrars shall be paid by the State, the bills
therefor to be rendered to the Secretary
of State and approved by him.

Eighth — ^Any person who registers for
another, or who registers more than once,
and any registrar who enters the name of
any person on the list of registered vot-
ers, without such person having made ap-
plication in person under oath on a form
provided for that purpose, or who know-
ingly registers any person more than once,
or who knowingly enters a name upon the
registration list as the name of a voter,
without any one of that name applying to
register, shall be guilty of a felony, and
upon conviction thereof shall be impris-
oned in the penitentiary for not less than
one nor more than five years.

Sec. 187. The Board of Registrars in
each county shall on or before the first
day of February, nineteen hundred and
three, or as soon thereafter as practicable,
file in the office of the Judge of Probate
in their county, a complete list sworn to
by them of all persons registered in their
county, showing the age of such persons
so registered, with the precinct or ward in
which each of such persons resides set
opposite the name of such persons, and
shall also file a like list in the office of the
Secretary of State. The Judge of Pro-
bate shaJl, on or before the first day of
March, nineteen hundred and three, or as
soon thereafter as practicable, cause to be
made from such list in duplicate, in the
books furnished by the Secretary of State,
an alphabetical list by precincts of the
persons shown by the list of the regis-
trars to have been registered in the coun-
ty, and shall file one of such alphabetical
lists in the office of the Secretary of State ;
for which services by the Judges of Pror
bate compensation shall be provided by
the Legislature. The Judges of Probate
shall keep both the original list filed by the
registrars and the alphabetical list made
therefrom as records in the office of the
Judge of Probate of the county (a). Un-
less he shall become disqualified under the
provisions of this article, any one who

(a) Acts 1903, p. 56, compensation for.



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Constitutions of Alabama



lOS



Suffrage and Elections,



1901. — ^Article VIII.
shall register prior to the first day of Jan-
uary, nineteen hundred and three, shall
remain an elector during life, and shall
not be required to register again unless he
changes his residence, in which event he
may register again on production of his
certificate. The certificate of the regis-
trars or of the Judge of Probate or of the
Secretary of State shall be sufficient evi-
dence to establish the fact of such life
registration. Such certificate shall be
issued free of charge to the elector, and
the Legislature shall provide by law for
the renewal of such certificate when lost,
mutilated or destroyed.

Sec. 188. From and after the first day
of January, nineteen hundred and three,
any applicant for registration may be re-
quired to state under oath, to be adminis-
tered by the registrar or by any person
authorized by law to administer oaths,
where he lived during the five years next
preceding the time at which he applies to
register, and the name or names by which
he was known during that period, and the
name of his employer or employers, if
any, during such period. Any applicant
for registration who refuses to state such
facts, or any of them, shall not be en-
titled to register, and any person so of-
fering to register, who willfully makes a
false statement in regard to such matters
or any of them, shall be guilty of perjury,
and upon conviction thereof shall be im-
prisoned in the penitentiary for not less
than one nor more than five years.

Sec. 189. In the trial of any contested
election, and in proceedings to investigate
any election, and in criminal prosecutions
for violations of the election laws, no per-
son other than a defendant in such crim-
inal prosecutions shall be allowed to with*
hold his testimony on the ground that he
may criminate himself or subject himself
to public infamy; but such person shall
not be prosecuted for any offense arising
out of the transactions concerning which
he testified, but may be prosecuted for
perjury committed on such examination.

Sec. 190. The L^slature shall pass laws
not inconsistent with this G>nstitution
to regulate and govern elections, (a) and



1875.— Article VIII.



Sec 5. The General Assembly shall
pass laws, not inconsistent with this
Constitution, to regfulate and govern



(a) Acts 1903, p. 438.



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104



Constitutions op Alabama



^ffrage and Elections.



1901. — Article VIII.
all such laws shall be uniform throughout
the State ; and shall provide by law for the
manner of holding elections and of ascer-
taining the result of the same, and shall
provide general registration laws not in-
consistent with the provisions of this ar-
ticle, for the registration of all qualified
electors from and after the first day of
January, nineteen hundred and three.
The Legislature shall also make provision
by law, not inconsistent with this article,
for the regulation of primary elections, (a)
and for punishing frauds at the same, but
shall not make primary elections compul-
sory. The Legislature shall by law pro-
vide for purging the registration list of
the names of those who die, become in-
sane, or convicted of crime, or otherwise
disqualified as electors under the provi-
sions of this Constitution, and of any
names which may have been fraudulently
entered on such list by the registrars;
provided, that a trial by jury may be had
on the demand of any person whose name
is proposed to be stricken from the list.

Sec. 191. It shall be the duty of the
Legislature to pass adequate laws giving
protection against the evils arising from
the use of intoxicating liquors at all elec-
tions.

Sec. 192. Electors shall in all cases,
except treason, felony or breach of the
peace, be privileged from arrest during
their attendance at elections, or while go-
ing to or returning therefrom.

Sec. 193. Returns of elections for
members of the Legislature and for all
civil officers who are to be commissioned
by the Governor, except the Attorney
General, State Auditor, Secretary of



1875. — ^Article VIII.
elections in this State, and all such laws
shall be uniform throughout the State.
The General Assembly may, when neces-
sary, provide by law for the registration
of electors throughout the State, or in
any incorporated city or town thereof,
and when it is so provided, no person
shall vote at any election unless he shall
have registered as required by law.



Sec 6. It shall be the duty of the
General Assembly to pass adequate laws
giving protection against the evils aris-
ing from the use of intoxicating liquors
at all elections.

Sec 4. Electors shall in all cases, ex-
cept treason, felony, or breach of the
peace, be privileged from arrest during
their attendance at elections, or while
going to or returning therefrom.

Sec. 7. Returns of elections for all
civil officers who are to be commissioned
by the Governor, except Secretary of
State, State Auditor, State Treasurer
and Attorney General, and for members



(a) Acts 1903, p. 356.

[Sec. 190.] —

Court could decline to pass upon the ques-
tion whether this section or Article of the Con-
stitution was in violation of the Fourteenth
and fifteenth Amendments in an action against
Registrars for failure to register plaintiff. For
the reason assigned plaintifi could not succeed
in his action in either event. If it is void
he could not succeed, and if valid he would
be in no better condition. — Giles v. Teasley,



136 Ala.H 164. Affirmed on appeal to Supreme
Court of U. S. MSS.

Does not apply to elections for removal of
court house. — State, ex rel., Porter v. Crook,
126 Ala.« 600.

An Act providing that election for a vote ot
electors to determine the location of coun
house, which is not dn accordance with general
election laiws is not a violattion of this provsion.
— State, ex rel., Porter v. Crook, , 126 Ala., 600.



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Constitutions or Alabama



105



RepreseTUaUon.



1901. — Article VIII.
State, State Treasurer, Superintendent of
Education, and Commissioner of Agricul-
ture and Industries, shall be made to the
Secretary of State.

Sec. 194. The poll tax mentioned in
this article shall be one dollar and fifty
cents upon each male inhabitant of the
State, over the age of twenty-one years,
and under the age of forty-five years, who
would not now be exempt by law ; but the
Legislature is authorized to increase the
maximum age fixed in this section to not
more than sixty years. Such poll tax
shall become due and pavable on the first
day of October in each year, and become
delinquent on the first day of the next
succeeding February, but no legal pro-
cess, nor any fee of commission shall be
allowed for the collection thereof. The
Tax Collector shall make returns of poll
tax collections separate from other col-
lections.

Sec. 195. Any person who shall pay the
poll tax of another, or advance him money
for that purpose in order to influence his
vote, shall be guilty of bribery, and upon
conviction therefor shall be imprisoned in
the penitentiary for not less than one nor
more than five years.

Sec 196. If any section or sub-divi-
sion of this article shall, for any reason, be
or be held by any court of competent jur-
isdiction and of final resort to be invalid,



Online LibraryJames Jefferson Mayfield AlabamaConstitutions of 1875 and 1901: paralleled, annotated and indexed, by James ... → online text (page 21 of 33)