1875 Synopsis of Election Laws Alabama Redeermer Constitution

8/14/2019 1875 Synopsis of Election Laws Alabama Redeermer Constitution

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Head.quarters of Executive CommitteeDemoora.tic and Conservative Party,

Mobile County. -MOBILE, November 8th, 1875.

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SYNOPSIS or ELECTION LAWS.For use Election for Batifioa.tion or Rejection of Constitution.

" ,1 .JQUALIFICATION ' OF VOTERS.

1. Every male person of sound mind, born in the United I States, or who has been naturalized or declared his intention to 4I come a citizen of the United States, tW'3ntyone years old, who has resided in Alabama six months and in Mobile connty threemonths next before the election, and who has been registered and is

not disqualified by any provision of the law or the Constitution, isauthorized to vote at the Election for ratification or rejection Qfthe Constitution in November, A. D. 1875.-[Art. 7, Secs. 3 and 4,of State Oonstitution; and Sec. 1, Election Law of 1875; and Secs.1 and 16 of Act of Marctt 19th, 1875, providing for this election.J2. The State Constitntion provides that persons who mayhave been convicted of embezzlement of public fnuds, malfeasancein office, any crime pnnishable by Jaw with imprisonment in thepenitentiary, or bribery, shall not be permitted to vote; nor shallidiots or insane persons.-fArli. 7, Sec. 3, of State Constitution.j3. Qualified electors can only vote in the precinct or ward oftheir actual residence and registration at the time of the election.-[See Sec. 4, p. 68 and Sec. 1, p. 77 and Soo. 1, p. 109, of. Acta of1874.5.] , " '"

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2REGISTRATION.

1. The law contemplates the registration of electors as beingmainly attended to in the different wards and precincts previous tothe electIon day, and as being completed and ended at len.st fift.eendays before the day of the election.-[See Sec. 7, p. 71, of Acts of 1874-5.J

But it also provides that the Assistant Registrar for each warda.nd precinct shall be present at his voting place on election day: toregister such voters as may have pre\7iously failcu to register; and topersons registered on election day, he is to give a certificate asfollows:"I, , Assistant Registrar, do hereby certi(y, that--has this day registered before me as an elector. ---H,egist.rar.'Mobile County, November 16, 1875.Which certificate will be evidence that such person is registered.IfAssistant Registrar cannot attend, or the office is vaeant, theOounty Registrar (Sheriff,) appoiuts some competent person to act;and if no appointment is made by ten (10) o'clock A. "M. that day,the inspectors appoint some one who may qualify, anti act for the day.-[See Sec. 6, pp..69, 70, Act.'! of 1874-5.12. Assistant Registrars qualify themsolves to act by takillgthe oath prescribed in Art. 15, Sec. 1, of State Oonstitlltioll.-[SeeSec. 2, p. 68, Acts of 1874-5.J3. At the time of registration the following oMh must be takenand subscribfld by the applicant, viz: State of Alabama, Oounty ofMobile, Precinct or W ard - -- , we the undersigned, regiRteredelectors, each for himself, do solemnly swear (or affirm) that I willsupport and maintain the CODRtitution aoft Tlaws of tbe UnitedStates and the Constitution and Laws of the S t ~ L t e of Alabama;that I am not excluded from regil:ltering by any of the clauses inSection 3, Article 7, of the Constitution of the State of Alabama;that I will never countenance or a.id in the secBssion of thisState from the United States; that I accept the ci viI and politicalequality of all men, and agree not to attempt to deprive any perRonor persons, on account of race, color, or previous condition, of any Ipolitical or civil right, privilege, or immullity enjoyed by all}, other Iclass of men; and, furthermore, that I will not in any way injure, or .I\countenanee in others any attempt. t injure, any person or persons Ion oocQuut of p a ~ t or present support of the Government of the

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3United States, the Laws of the United States, or the principle of thecivil and political equality of all men, or for affiliation with anypolitical party; and t,hat I am a qualified elect.orunder the Constitution and Laws of the State of Alabama.-(See p. 72, Acts 1874-5.}

GENERAL PROVISIONS.1. The Probate Judge, Sheriff and Clerk of the Circuit Court,

must provide two ballot boxes at each place of voting; and whenpecessary more than two, but not more than three.-(Sec. 19, p. 80,Acts of 1874-5.)

NOTE.-In this election, only one bo x wlll, at any of th e voting places need be \l.Iedfo r th e reception of ballots.

2. The Inspectors and I{.eturning Officers must meet at theirrespective polling places by 8 o'clock A. M., and open the pollsbefore 9 o ' c l o ~ k A . M., of the election day.-(Sec. 22, p. 81, Acts of1874-5.)3. I f any Inspector or Returning Officers fails t.o attend at

i 8 o'clock A. IVL, such of them as are then present may complete theI number. I f none of the Inspectors are present, the ReturningI Officer, if present" sha.ll app'lint the three Inspectors for the Ward! or Precinct. I f no Inspector or Returning' Officer is present byIJ 8 o'clock, a.ny three qualified electors may open the polling placeI: a.nd serve as Inspectors during the elflction.-:;(Sec. 23, p. 81, Acts1874-5.)

4. I f the Returning Officer should not be present at the hourabo,e designated for' them to meet, then the {ospectors, or thoseacting as such, must appoint a Returning Officer.-(Sec. 24, p. 81,Acts 1874-5.)5. Before opening the polls the acting Inspectors mu.st selecttwo persons to act as Olerks.-(Sec. 25, p. 82, Acts 1874:-5.)

6. Before opening the polls the {nspectors and Clerks musttake an oath to perfol'm their duties at the election according t.o lawto the best of their judgment; and the Inspectors must also swearthat they will not themselves, nor knowingly allow any other person,to compare the number of ballots with the number of votes enrolled;which oath may be administered by the Inspectors to each other, orby .the Returning Officer, or a Justice of the Peace.-fSec. 26, p. 82,Acts 1874-5.]

7. The polls must be kept open without intermission until 5o'clock P. M., and no longer.-[Sec. 27, p. 82, Acts 1874-5.J
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5 And in addition to said oath,if the person so challenged is notpersonally known to one of the Inspectors to have the qualifieations Irequired in the election law, then one of them may require such Iperson, before he shall be allowed to vote, to prove his identity and !

residence in the State, county and precinct or ward in which he offersto vote by the oath of some elector, personally known to some oneof said inspectors to be a qualified elector, which oath shall be administered by one of said Inspectors, and shall bel in the followingform:

State of Alabama, }Mobile County.I - - do solemnly swear that I have known (here insertthe name of the person offering to vote) fOl the last six mon-ths, preceding tbis election, and that he bas been a resident of this Statefor six months, and of the county for three months next precedingthis election, and that he now ha.s an actual bona fide residence inthis precinct (or ward). And I verily believe he is twenty-one yearsold or upwards, and that he has not voted before on this day at any ..general or special elect ion: So help me God.Subscribed and sworn to before me } t h i s - day of A D. 187 . And upon said oath being duly taken and subscribed, the ballot

of the person offering to vote must be received and deposited as ,iother ballots of qualified electors. And it shall be the duty of the iInspectors to file all the oaths so taken and subscribed, and when the election is closed said Inspectors shall forward them in a sealed package to the Judge of Probate, who shall lay them before the next grand jury sitting for said county.-[Sec. 34, pp. 83-84, Acts 1874-75. 14. When anyone offering to vote at any election in this State. has been challenged as prescribed for in the thirty-third section ofthe election law,before administering the oath prescribed in sectionthirty-four of the election law, it shall be the duty of one of theInspectors to inform such person that if he takes the said oath wilfully and fa.lsely, he is guilty of perjury, and on conviction may beimprisoned in the penitentiary of this State for not less than twoyears.-[Sec.35, pp. 84-85, Acts 1874-75.J15. I f any person whose vote is challenged, or any witness sworn under the provisions of section thirty-four of this act, shall knowingly, wilfully, or corrnptly swear falsely, he shall be deemed guilty of perjury, and on conviction thereof shall be punished by
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imprisonment in the penitentiary not less than two nor ID.ore thanfive years.-(Sec. 36, p. 85, Acts. 1874-75.)16. If any person offering to vote refuses to take the oath prescribed in section thirty-four of the election law, his vote shall berejected; and the ballot marked, with the name of the person offering

it, shall be laid aside by the Inspectors; and if such person takessuch oath, then bis vote soall be accepted as in other cases. (Sec.37: p. 85, Acts 1874-75.)

17. Any person voting more than once at any election heh! inthis State, or depositing more than one ballot for the same office ashis vote at such election, and knowingly attempts to vote when he itSnot entitled to do so, or is guilt.y of any kind of illegal or fraudulentvoting, shall be deemed guilt;) of a felony; and on conviction thereof,shall be imprisoned in the penitentiary not less than two nor 100re

than five years-at the discretion of the jury trying the same.(Sec. 38, p. 85, Acts 1874-75).

18. I t is the duty of all inspectors of elect.ions in the electionprecincts, immediatel,y on the closing of the polis, to count out thevotes so polled; and in doing so the returning officer, or one of theInspectors, must take the ballots one by one from the box in whichthey were deposited, at the same time reading aloud whether thevote is for the Constitution or against it. They mnst separatelykeep a calculation of the number of votes for and of the numberagainst the Constitution; and if two or more ballots are found rolledup or folded together so as to induce the belief that the same wasdone with a fraudulent intent, such ballots must be compared bytheir number with the poll lists, and if ascertained to be fraudulentmust be rejected; or if any baliot contains more than one vote,it must be counted only as one vote. As soon as the ballots are allcounted out, the Iuspectors must ascertain the numher of votes re_ceived for, and the number agaillst the Constitution, and must makea statement of the same in writing; which statement must be signedby them; they must a"o certify in writing on one of t h ~ poll liststhat such poll list is the poll list of the election precinct, or ward,at which they were Inspectors, the day aud year on which such election was held, and for what purpose, which certificates must be. signed by them.; and such statement of the poll lists, and votes,thus certified must be sealed up together with a. list of the registered voters in such pl'ecinct or ward at such election, 011 such day,in a. box to be furnished by the Sheriff of the county, one or morefor each precinct.or ward, and to consist of wood, tin or sheet iron,
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7 and securely fastened by locks, directed to the Sheriff of the countyif there be one, and if none, then to the person discharging theduties of such office, and then immediately deliver the same to thereturning officer of the precinct.-fSec. 40, pp. 85-86, Acts 1874-75.

19 As soon as all the ballots contained in anyone box arecounted out, the Inspectors sball immediately roll up the ballots socounted, into separate parcels, which shall consist as near as may beof the ballots cast respectively for and against the Constitntion, andlabel each parcel so as to show whether the ballots contained therein were for or against the Constitution, a.nd when so rolled up ~ n d labeled shall be secureiy sealed. The rejected ballots, if any, shallalso be rolled up and labeled as rejected ballots, and sealed as theother parcels; and all of such packages so rolled up, sealed andlabeled, together with one poll list which shall also be securelysealen up, shall be returned to and securely fastened up in the boxfrom whieh such ballots were taken and counted. and which shallalso be sealed and labeled so as to show the nature of its contents,and shall be kept by one of the Inspectors for sixty da,ys, and thenthe packages taken out of such box without opening or unsealjngthe packages, and destroyed, unless within that time the Inspectorhaving tllem in custody is notified that tIle election will be contested;in which case he must preserve the box containing the ballots castat said election, until such contest is finally determined, or untilsuch box is demanded by some other legally constituted custodianduring such contest; and in case there are not enough original polllists to put one in each ballot box as herein provided, in such case acertified copy of the original poll list shall be made out by one ofthe Clerks, and certified by the Inspectors, and deposited in the boxas herein required to be done witht-he original.-[Sec. 41, pp. 86-87,Acts 1874-75.

20. The Sheriff is the county returning officer; and the statement of votes and the poll lists deli vered to the returning officer ofthe precinct mustbe by him delivered to the returning officer of thecounty within forty-eight hours after the election, and failing to doso, he is guilty of a misdemeanor; and on conviction must be finednot less than oue hundred nor more than five hnndred dollars, andbe confined in the county jail not more than six months. The pre:-cinct returning officer shall be entitled to five cents per mile goingand returning from the place where the returns are to be made, thedistance beiug reckoned from the place where the election was held,to be paid out of the county treasury upon the certificate of the


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8person authorized to' receive the returus.-[Sec. 42 and 43, p. 87,Acts of 1874-75.1

21. I f any Inspector, Olerk, or other officer, on whom any dutyis imposed by the electiou law, wilfully neglects, or acts corruptlyin any way not expre!:lsly provided for, it is a criminal offence.[Sec. 91, p. 98, Acts of 1874-75.]

22. I f an;v person, by bribe or offer to b r i b e ~ or other corruptmeans, attempts to influence any elector in voting, or to interferewith, or disturb him in the free exercise of his right of suffrage, heis guilty of a criminal offence.-[Sec. 92, p. 98, Acts of 1874-75.]

23. Any person, who fraudulently alters or changes the vote ofan elector, whereby he is prevented from voting as he intended, isgUilty of a misdemeanor.-[Sec. 93, p. 98, Acts of 1874-5.]

24. I t is the Sheriff's duty on election day, to be present inperson or by deputy; at all election precincts, and maintain goodorder; and no person is to be allowed within thirty feet of the ballotbox, except while voting; and to carry this out, the sheriff maydeputize a suffient f O J ~ c e , to act at all election precincts, as he mayjudge necessary, and in case of necessity, raise a posse comitatusto put down all riots and disturbances, or attempts at them.-[Sec. '95, p. 99, Acts of 1874-75.J

25. Any Sheriff or deputy, wilfully or corruptly, failing in thisduty, is guilty of felony, and to be punished accordiugly--[Sec, 96, 'p. 99, Acts of 1874-5.]26. I f any person or persons, disturb on election days, or prevent, or attempt in any way to prevent any elector from freely casting his ballot, he is gUilty of a misdemeanor, &c.-[Sec. 97, p. 99,Acts of 1874-5.]27. No elector is to be arrested on the day of any electionupon any warrant or process issued previous to or upon such eleotion day, unless the same charges the commission of a felony; andshall be free from arrest on such election day, e:Kcept as aforesaid,unless it be for a violation of any of the provisions of the electionlaw, or for a breach of the peace, or attempt of a breach of thepeace; and in such cases the Sheriff or deputy sheriff shall arrestsuch person or persons, so violationg, without process, and safelyconfine such person or persons until he or they can give bonds withgood security to be approved by the Sheriff for his appearancebefore the next Circuit or City Court to answer any indictmentwhich may be found against him; and in case of a failure to give bond, such person shall be committed to the county jail to await


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9 the action of the grand jury of the county.-rSec. 98, p. 99, Acts of1874-75.1

28. I t is unlawful for any person or persons to sell or giveaway any liquors of whatever kind or description during the dayon which any election may be held in this State, or on the day nextpreceding such dection day, and it ~ h a l l be the duty of the Sheriff,deputy sheriff, or any constable, to arrest all persons violating theprovisions of this section, as prescribed in the last preceding sectionof the election law; and any person violating the provisions of thissection is guilty of a misdemeanor, and on conviction must be finedand imprisoned, at the discretion of the court trying the same.[Sec. 99, p. 100, Acts 1874-75.J29. Any person found drunk or intoxicated at or about anypolling place during any election day, is to be arrested by the Sheriffor his deputy, and dt>alt with as prescribed in section ninety-eightof the election law. and may be indicted for a misdemeanor, andsuffer the pams and penalties prescribed in the election law.-[Sec.100, p. 100, Acts 1874-75.J30. I t is unlawfnl for any person to vote at the election whohas not registered, and duly taken and subscribed to the registrationoath prescribed by the State Constitution (art. 7, sec. 4) ; and anyperson violating this provision is guilty of a criminal offellC6.-(Sec.101, p. 100, Acts 1874-75.J

INSTRUOTIONS TO INSPECTORS, &0.1st. Be at the polls at least fifteen minutes before the time ap

pointed for meeting there, that is to say: at least fifteen minutesbefore 8 o'clock A. M.- I f not on hand at the time appointed, anothermay be appointed in your place.-rSee Sec. 23, p. 81, Acts 1874-75.J2d. Before opening the polls, select two Clerks of the Election.[Sec. 25, p. 82, Acts 1874-75.]3d. Before receiving any ballots cause i t to be proclaimedaloud that the election is opened.-[Sec. 28, p. 82, Acts 1874-75.J

4th. Polls must be opened at the voting places between 8 and9 oclock A. M., and at all !Jlaces kept open until 5 o'clock P. M.,and no longer.-(Secs. 22 and 27, p. 82, Acts 1874-75.}

5th. Before opening the polls the Inspectors and Clerks musttake the following oath:

" I, , solemnly swear to perform my duties at this election,according to law, to the best of my judgment."


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10And the InE'pectors in addition to the abo"t"e must also swear:

"That I will not myself, or knowingly allow any other person to"compare the number of ballots with the number of votes enrolled:"So help me God."These oaths may be arlministered by the Inspectors to eachother, or by the Returning Offieer or a Justice of the Peace.-(Sec.26: p. 82, Acts 1874-75.)6th. One ballot box is all that needs to be used in voting atthis election.7th. Elertors must vote by bollot (a plain paper ticket) in theWard or Precinct in which they respectively reside.-(Sec. 29, p. 82,Acts 1874-75.)

8th. The Inspectors should be present at the ballot box duringthe entire day.-(See Sec 27, p. 82, Acts 1874-75.)

9th. Immeriiately after the closing of the'polls, the Inspectorsat each polling place must count out the votes pf)lled and set downthe number of votes cast, and in doing so the returning Officer orone of the Insj;ectors must take the ballots one by one from the boxin which they were deposited, at the same time reading aloud thatthe ballot is for or against the: COllstitution, the Inspectors meantimekeeping separate calculations of the number of votes in each case:and if two or more ballots are found rolled up or folded togetherso as to induce the belief the same was done with a fraudulent intent, such ballots must be compared by their number with the polllists, and if ascertained to be fra.udulent must be rejected; or i fany ballot contains more than ooe vote, ollIy one must be counted.(Sec. 40, pp. 85-86, Acts 1874-75; stated also at length in paragraph18 of general proviSions in this pamphlet.)10th. Any person registered on the day of election must producethe certificate of the Registrar, for that wardeor precinct, that hehas done so, before he can be allowed to vote; and upon the production of this certificate, the better plan will be for the Inspectors toretain that certificate,and after the electivn is closed, to seal upthese certificates in the box with the ballots as provided for inparagraph 12, page 11 of this pamphlet. After the polls are closedthe Inspectors are to procure from tlle Registrar for that ward orprecinct a list of the vot.ers registered by him on that day, andattach it to the list of registered voters for the ward or precinct,as furnished by the Judge of Probate, and return the whole list,with other papers to the Sheriff, cert ified as per form in paragraph16, pages 13 and 14 of this pamphlet, and as stated in paragraph11, page 11 of this p a m p b l e t . ~ ( S e e Sec. 40, p. 86, Acts 1874-75.)

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11 11. In making the calculation of the votes cast, it may bedone upon papers in the following form, viz:

For Constitution . . _. __ . . . . . ___ . __ . . _. . . . . . . _. . _. . . . . . . _. . Votes. Against Constitution. __ . . . _. . __ . . . . . _. _ . ___ . _. . __ . . _____ Votes.

As soon (;\8 the ballots are all counted out, the Inspectors mustascertain and reduce to writing, a statement of the result, and certify to the same in a form such as that shown in paragraph 14, onpage 12, of this pamphlet. They mnst also take one of the polllists and certify to it in the form shown in paragraph 15, on page13, of this pamphlet.They will also take a list of the- registered voters, autllOrized tovote at that votillg pJace, on that day, and attach to it a c e r t i f i c a ~ signed by them in such a form as is shown by paragraph 16, onpages 13 and 14 of this pamphlet.These certified papers showing the result of the election andthe poll lists used, and the list of the registered voters, as aforesaid,must then be at once by the Inspectors sealed up in a box furnishedby the sheriff, made of wood, tin, or sheet iron, and securely fastened by locks, and the box directed to the Sheriff of MobileCounty; must be by the Inspectors immediately delivered to thereturning officer of the precinct or ward, to be by him deliveredwithin f o r t ~ ' e i g h t bours to the Sheriff of Mobile County.-[See Sec.40, pp. 85, 86, Acts of 1874-75; also, paragraph 18, page 6, and paragraphs 14, 15 and 16, on pages 12, 13, and 14 of this pamphlet,also pargraph 10, page 10.12. As soon as all the ballots are counted the Inspectors areto roll them up into separate parcels, consisting as near as may beof the ballots cast respectively for and against the Consti tution, andthe rejected ballots, and label each parcel, so as to show whether theballots were for or against the Constitution, or rejected ballots, andthen secnrely seal the several parcels.They are also to seal up securely one of the poll lists. Theyare thfln to return to the ballot, box all of the said ballots, andrejected ballots, and poll lists so sealed up, and securely fasten themup in the box from which the ballots were taken. The Inspectorsare then to seal up this ballot box and label it so as to show thenature of its contents; and one of the Inspectors (to be selected bythem) will keep the box fllr sixty days, when the packages are to betaken out of the box and destroyed, without opening or unsealingthe packages, unl(,ss within that. time the Inspector having charge


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12 of them is notified that some part of the election will be contested,in which case he must retain the box further, as provided in Section41, on page 87, of Acts of 1874-75.-[Sec. 41, p. 87, Acts 1874-75.]

13. Have the poll lists headed, thus, viz:Names of voters at ,in the County of Mobile, on the 16thday of November, A. D. 1875.

NAMES.UMBER.

FORM OF INSPECTORS' CERTIFICATE OF THE RESULTOF THE ELECTION.

14. We, the undersigned, duly appointed and qualified Inspectors of the election at - - - - in the ward, of the City ofMobile, (or at -- . precinct, in the County of Mobile,) held onthe sixteenth day of November, A. D. 1875,under the provisions ofan Act of the General Aassembly of the State of Alabama, entitled,"An Act to provide for the calling of a Convention to revise andamend the CoQt,titution of this State, a.pproved March 19th, A. D.1875, and under a proclamation of the Governor of the State,issued i l l pursuance of said act, to paRS upon the ratification or rejection of the proposed Revised Constitution of this State, herebycertify that at the said election, there were, at the said voting place,on said day, votes cast for the ratification of the proposedRevised' Constitution, and there were votes cast against theratification of the proposed Revised Constitution.

GIVEN under our hands and s e a l s ~ this the-- day of November, A. D. 1875.{ L. S. }{ L. S. }{ L. S. }

Inspectors.


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13 FORM OF INSPEOTORS' OERTIFICATE ON EAOH OR

THE POLL LISTS.15. We, the undersigned, duly appointed and qualified Inspec

tors of the election at , in the Ward of the Oit.y of Mobile,(or at Precinct in the Oounty of Mobile,) held on the sixteenthday of November, A. D. 1875, under the provisions of an Act ofthe General Assembly of the State of Alabama, entitled, "An Actto provide for the calling of a Oonvention to revise and amend theOonstitution of this State," approved March 19th, A. D. 1875, hereby certify that the foregoing is a true and correct poll list of thevoters at said voting place on said day as taken down by the Olerksof election, duly appointed and qualiiied for that purpose, containing pages. We further certify, that the said election washeld on the sixteenth day of November, A. D. 1875, under the provisions of the Act of the General Assembly, entitled as above, andthe proclamation of the Governor of the State, issued in pursuancethereof, to pass upon the ratification or rejection of the proposedrensed Oonstitution of the State.

WITNESS our hands and seals, thil:l-s--day of November, A. D. 1875.

{ L. S. }{ L. S. }{ L. S. }

Inspectors.FORM OF OERTIFIOATE TO THE REGISTRATION LIST.

16. We, the undersigned, duly appointed and qualified Inspectors of the election, at , in the ward of the Oity ofMobile, (or at precinct, in the Oounty of Mobile,) held on thesixteenth day of November, A. D. 1875, under the provisions of anAct of the General Assembly of the State of Alabama, entitled,"An Act to -provide for the calling of a Oonvention to revise andamend the Oonstitution of this State," approvod March 19th, A. D.1875, and the proclamation of the Governor in pursuance thereof,hereby certify that the papers attached hereto contain a list of the


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14 ~ g i s t e r e d voters ill the s a i d - - - , on the sixteenth day of Novemlier, A. D. 1875.

WITNESS our hands and seals this dayof November, A. D. 1875.

{ L. S. }{ L. S. }

~ - { L. S. }Inspectors.

17. The oaths takell when any person is challenged, are to bekept by the Inspectors, and when the election is closed, the Inspecttors must forward thern in a sealed package to the Judge of Probate of the County.-[See the last clause in Sec. 34, Oll page 84,Acts of ] 874-5.J18. For other. particulars the Inspectors will consult otherportions of this pamphlet, and also the Acts of the Legislature of1874-5, as contained on pages 68-76, and pages 76-101, and pages109-115.19. Unless the person offering to vote, produces the certificateoithe proper Assistant Registrar, that he has registered on the dayof the election, you mnst examine the Registration List furnishedyou by the Probate Judge, to see if the name of the proposed voterhas been placed on the same; if tIlt name is lIOt found there, andhe does not plloduce a certificate of registration on the election day,he is not entitled to voi:e.

DIRECTIONS TO RETURNING OFFICERS.1. Be at the polling place at least fifteen minutes before 8o'clock A. M. on the election day.2. The Box containing the Inspectors' certificates and returns,

must be by you conveyed and delivered to the Sheriff of the County,within forty-eight hours after the electlon, and failing in this makesyou liable criminally.-[Sec. 43, p. 87, Acts of 1874-5.J3. For other information, consult othtlr portions of thispamphlet, as well as the laws themselves referred to in paragraph \18 of Instructions to Inspectors, in this pamphlet.


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15 MEMORANDA FOR ASSISTANT REGIS'I'RARS.. ,

1. Be certain to be present at your voting place before 9o'clock in t.he morning of the election day, with your RegistrationBook and Oath, aud register all ~ l e c t o r s applying for registrationon t.hat day who reside within the ward or precinct and not previously registered, giving to each a certificate as shown by Section6, page 69) of the Acts of the Legislature of 1874-5, and also, inparagraph 1, page 2 of this pamphlet.

2. Be certain to place the date on each Registration Certificate given by you to an elector on the election day.3. As soon as the polls are closed, furnish to the Inspectors ofelection at your ward or precinct, a certified list of the voters registered by you on the electi.on day.

4_ After the election, make returns to the Judge of Probate asrequired by law.5. I t is not lawful for you to register any person except in the

voting precinct or ward in which he i8, at the the time of his registration, entitled to vote. When you have no personal knowledge ofthe identity or residence of an elector, it is your duty to examinehim on oath iu regard to his iuentity anu place of residence. Youcan administer the oath to him, and if he swears falsely, he is guiltyof perjury.-rSee Sec. 13 and 15, p. 7 5 ~ Acts of 1874-5.].6. If any Assistant Registrar should knowingly and corruptlyregister any person as an elector who is not entitled to rf'gister; hewould himself be guilty of a felony, and liable to imprisonment inthe peniteutiary.-[Sec. 10, p. 74, Acts of 1874-5.]

7. Remember it is only the electors actually living in the wardor precinct on the day of thE' election, and who have not previouslyregistered in that ward or precinct, who can be lawfully registeredon election day in that ward or precinct.-rSee Sections 2, 6, 13 and15, on pages 68, 69 and 75 of the Acts of 1874-5.]

8th. Remember that if you have no personal knowledge ofthe identity or residence of an elecwr proposing to regi8ter beforeyou on election day, it is your duty to examine him under oath onthese points, and ji you are not otherwise satisfied, you might, before permitting hi m to regist.er, administer to him some such oathas the followi ng :You do solemnly swear, (or affirm), that you are a duly qualified electOr, under the Constitution aud Laws of the Uuiterl St.ates, andConstitution and Laws of Alabama, that you have resided in theState of Alabama six montus next preceding this electi,m, andthree months in this county, and now actually reside in this
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16 ""precinct, (or ward), and that you are twentyone years old or;Inpwards, and have not b e ~ n convicted of treason, embezzlement ofpublic fuuds, malfeasance in office, or of any crime punishable by

law with imprisonment in the penitentiary, or of bribery, and thatyou are now proposing-to register in your real name: So help youGod.9. If any person shall, on the election day, register before youas an elector, when be does not reside in your ward or precinct, orif he shall swear falsely, before you on that day, in regard to his residence, identity, &c., upon his examination as to his qualificationsto register, prosecution for periury may be at once commencedagainst him; and 1;lpon the. proper affidavit being made by anybody, before a Justice of the Peace, and a warrant issued againsthim, he may be arrested and held for trial, as in any other case offelony.-(See Sections 13 and 15, p. 75, Acts of 1874-75. Sees_ 10and 16, pp. 113 and 115, Acts of 187475. Sec. 98, p.99, Acti'lof1874-75).

TABLE OF OONTENTS.

PAGES. Qualification Voters . . . . . . . __ . . . . __ . . . . . . . . . . . . _. . . . . . . . 1-2 Registratiom, &c - _. . . . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . __ . . 2-3 General Provisions of Law . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . 3-9 Instrnctions to Inspectors. . . . . . . . . _. . . _. __ . _ . . _. _. . . . . . . _ 9-14 Forms _of Inspectors' Certificates. _. . . _. . _. . _. . . . . . . . . . 12-14 Directions to Returning Officers . . . . . . . . _. . . . . . . . . . . . _ . . . . 14 Memoranda for Assistant Registrars. . . . . . . . . . . . . . . . . . . . . . . 15-16

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Documents

1875 Synopsis of Election Laws Alabama Redeermer Constitution