Jasper County Democrat, Volume 14, Number 83, Rensselaer, Jasper County, 27 January 1912 — LAW GOVERNING ELECTIONS IN STATE OF INDIANA [ARTICLE]

LAW GOVERNING ELECTIONS IN STATE OF INDIANA

Provides for Registration of Voters and Other Matters it Connected Therewith. I :• ■ ■ ■■.; . ~; . ■ CHANGES IN EXISTING LAWS Heavy Penalties Provided for Corruption or Attempted Corruption — Duties of Election Officials Are Set Forth in Most Explicit Terms.

AN ACT providing for registration of voters, and matters connected therewith. [S. 6. Approved March 4, 1911.] Elections —Registration of Voters.— Section 1. Be it enacted by the general assembly of the State of Indiana, That hereafter it shall be unlawful for any person to vote at any general election held in this state, unless suph person be at the time a registered voter under the requirements of this act; County Commissioners —Precinct Boundaries.—Sec. 2. Every order of a board of commissioners, in any county In this state establishing, changing, dividing or consolidating election precincts in such county shall be made mot later than their March session in any year in which will occur a general election held on the first Tuesday after the first Monday in, November. The precincts shall remain throughout the year as they are established at ‘such March session, Or previously,. And a notice required by law of the establishment of precincts or changes of boundary shall be given immediately after such March session, if it has not been previously given. Registration Inspector and Clerks.—Sec. 3. In each calendar year in which will occur in this state a general election, held on the first Tuesday after the first Monday in November, there shall be appointed a registration inspector and two registration clerks for each voting precinct in the several counties of this state. The registration inspector and clerks so appointed Bhall constitute the registration board of the precinct for which appointed. The registration inspector shall, at the time of his appointment, be a voter and resident .freeholder of the township in which the precinct is situate, and shall have resided in said tow’nship continuously for at least one year immediately prior thereto, or a resident householder and voter of the ( precinct in which the precinct is sit- j uate, and shall have resided- in said ( township continuously for at least two years immediately prior thereto. The registration clerks at the time of their | appointment shall be voters and resl- . .dents of the township in which the j precinct is situate, and they shall not j both be adherentsof the same political party. The registration inspector shall be appointed by the board of commissioners of the county at its regular April session preceding such election. The auditor shall notify him of his appointment, and within ten days after such notice he shall qualify by taking oath to support the constitution of the United States and of the State of Indiana and to faithfully and honestly discharge his duties as such registration inspector, which oath shall be in writing and filed in the auditor’s office of the county. In case such inspector should fail to qualify within the time prescribed, his position shall be deemed vacant. All vacancies occurring in the office of a registration inspector shall be filled by appointment. of the auditor of the county. The registration clerks of the precinct shall be appointed by the inspector not less than five (5) days before their May session. The county chairman of each of the political parties which cast the highest and next high-

est vote respectively in the county at the last preceding general election shall have the right to nominate one of the clerks of the registration for each precinct, provided he do so in writing at least ten (10) days before said May session,, arid the inspector shall; appoint the persons so nominated respectively: Prbvided, That if either or both of the chairmen of said political parties should fail to so nominate, then the inspector shall appoint the clerk or clerks without such nomination. The clerks shall each, before entering upon the discharge of their duties, take an oath in writing to support the constitution of the United States and of the State of Indiana, and to faithfully and honeritly discharge thetr duties as registration clerks, which oath shall be returned by the inspector to the auditor of the county and filed in the auditor’s office at the time the inspector returns other papers hereinafter required, immediately after the May session of said board. The inspector and clerks shall hold their office from the time 6f their appointment until the day following the ensuing general election. Registration Boards—Sessions.— Sec. 4. The registration board of each voting precinct of this state shall hold in such precinct three regular sessions in each year in which a general election will occur. The first session of such board shall be held on Thursday, the one hundred eightieth (180th) day preceding such election, and shall be knqwn as its May session; the second ses&ion shall be held on Friday, the

sixtieth (60th) day before such election, and shall be known jas its September session; the third session shall be held on Monday, the 29th day before such electibn and known as its October session. . County Auditor—Registration Books. —-Sec. 5. The auditor of each county shall make or cause to be made and delivered to the registration inspector of each precinct in the county ten (10) days or more before the May session of the registration bodrd, two (2.) blank forms of registration books and sufficient number of blank applications for registration, and other necessary stationery. Each registration book shall be covered with tag, have a proper captibni with blanks to adjust it to any precinct, and shall be rule(| In. ten f 10) ‘ columns, headed respectively number; name; residence-; . where born; when came to U. S.; when and where/mat uralized; when land where declared intention; where resided since October last; remarks; and shall contain a sufficient number of leaves to allow for registration of all voters in a .precinct, with the memoranda required to be made after the names as elsewhere provided by this act, and also for an alphabetical index at the back of the book of the names registered, with a reference to their nuriiliers respectively. The application blankh shall be of such form as are suitable for their purposes under the requirements of this act.

Places for Registration—Notice.— Sec. 6. The county commissioners of each county in the.state shall, at least fifteen (15) days before each session of the board of registration provide for and secure in each precinct of the county a suitable room in which the !)oard shall sit during its session, and If practicable ' they shall secure the same room for each session of the year. The room shall not be one in which spirituous, vinous, malt or other intoxicating liquors are kept or sold. The auditor of the county shall give ten (10) days’ notice of the time and place of each session of the board of registration, by one publication in two newspapers of general circulation of each of the, political parties which cast the highest and next highest vote respectively in the county at the last preceding general election printed and published in the county, If such there be, and he shall cause to be prepared and delivered to the registration inspector of each precinct in the county, at least ten (10) days before the May session of the board of registration, fifteen (15) printed forms of notice of the time and place of such session, with blanks therein as to the township, precinct and place of the session, that by filling the blanks the printed notices may be suitable for any precinct in the county. The inspector of the precinct shall fill the blanks, in writing, properly for his precinct and at least eight (8) Mays before such session of the board post the same in at least five (5) public places in the precinct and in as many other places as he may deem proper, or cause them to be so posted. The notices so posted of the May session of the board shall have for caption, “Important notice to voters of registration,” and in the body the notice shall state in effect among other things: “Every voter of the precinct is required to register at a session of the board. If he fail to register at its May, September or October session, he will have no right to vote at the November election.” It shall be the duty of the registration inspector to go to the county auditor’s office, at least ten (10) days befojfe the May session of the board, and receive from the auditor registration books, blanks, and other stationery for each precinct. When he has received the blank forms of application, he may place portions of them at such place or places and in such hands in the prej cinct as that voters therein may conveniently obtain them before the day of registration. He shall Retain a sufficient portion in his own hands to deliver to voters who may apply for them before such date, amd shall retain till the day of registration and have at the place of registration on that day a sufficient portion to supply all voters of the precinct that may there apply for them. The registration inspector shall cause the members “of the registration board to be furnished with good, plain and substantial meals during the time they are in session. The expense of registration and preparation therefor and returns thereof shall be paid out of the county treasury by the board or commissioners as election expenses are paid; and the county council shall, in due season, make the necessary appropriations therefor.

Qualifications to Register.—Sec. 7., At the May, September or 'October session of the board of registration every male person who at the time resides in the precinct in which he applies for registration, and who will be of the age of twenty-one (21) years or upward at the next ensuing November election, and is a citizen of the United States, or, if not a citizen of the United States, vylio, if he continue to reside in the precinct till the next following November election, will at that time have resided in the State of Indiana during the six (6) months and in the United States during the one (1) year immediately preceding such election, shall be entitled, upon proper application, to be registered in such precinct. No other person or persons shall be entitled to be so registered. Nothing in this act shall be construed us qualifying or attempting to qualify f ly person to vote at any election, even though registered, who would not be-'so qualified if there were no registration act in force in this state, the purpose of this act being to provide for and require registration in addition to the requirements of other laws and the constitution of the State of Indiana.

May Session—Hours.—Sec. 8. The board of registration, at Its May, September or October session, shall be In session for receiving applications and registering names from the hour of 5 o’clock a. m. till the hour of 6 o’clock p. m., and as much longer as an application shall be presented every five minutes, but not later than 8 o’clock p. m.; and shall remain in session, if necessary to accommodate the voters, during like hours of the next one or two succeeding days, when so requested In writing by five voters of the precinct. When the board closes its session for the receipt of applications, it shall remain in session uutil it has fully completed its registration books and. Signed up and certified the same, and done other things required in this act. When the board opens its session for the receipt of “applications, each clerk of the hoard of registration shall take one of the registration books and register therein the names in the order of application, and other things required by this act. Applicatioh of Voter—Contents.— Sec. 9. Before any applicant shall present himself to the board at the May, September or October session for registration, he shall make or cause to be made in writing, or partly ifi writing and partly in print, in the English language, an application showing the following: His name; that he resides in the precinct in which he desires to be registered; the place of. his residence in the precinct; his age on the last preceding anniversary of his birthday; if horn in the United States, in what state, territory or, district he was born; if not horn in the United States, in what country he was born; if foreign born, whether he has been naturalized under the laws of the United States, and, if so, when and where naturalized; if foreign born and not naturalized, whether he has declared his intention to become a citizen of the United States conformably with the laws thereof on the subject of naturalization; if so, when and Where; if foreign born and not naturalized, when he came to the United States; at what place or places he has resided during all the time since the last day of the preceding October, and the length of time he has resided in each place, if more than one. In such application, it shall be a sufficient showing of the place in the precinct at which the applicant resides, if situate outside of a town or city, If it show the name of the owner or reputed owner of the real estate on which the applicant resides, and, if inside a city or town, If It show the street and street number cf the house In which he resides, and if his residence have no street number, if it show the character of the house, as to whether frame, brick, or other material, one or more stories, on what street or alley It is situate, and on which side thereof, and the nearest cross Btreets between which it is situate. If ‘a native born applicant, residing outside of a city or town, a form of application after the manner of the following be sufficient: May 8, 1912.

My name is John Doe. I reside in precinct No. 3, Warren township, Marion county, Indiana, on land known as Richard Roe’s. I was fifty (50) years of age on the 10th day of January, 1912. I was born in the state of Ohio. (Signature) If a foreign bern applicant, who has not been naturalized, but declared his intention, and resides in a town whose houses have no street numbers, the following shall be a sufficient form: * May 8,1912.

My name is John Doe. I reside in precinct No. 2, ward No. 3, In the town of Hancock county, .n----diana, in a two story frame house, situate on Spruce street and on the west side thereof, between Fourth ana Fifth streets. I was fifty (50) years of age on the 10th day of January, 1912. I was horn in Germany. I arrived in the United States on the 4th day of September, 1910; I declared my intention to become a citizen of the United States conformably to the laws thereof touching naturalization, at Columbus, Ohio, on the 15th day of September, 1911. I have resided in the United States continuously since October 31 last at the following placed From October, 1911, to January 1, 1912, at Columbus, Ohio; from January 1 to February 1, 1912, at Cincinnati, Ohio; from February 1, 1912, until the present time at the place where I now reside. [ (Signature) .....]

Written Signatures or Mark.—Sec. 10. Every application for registration, shall be signed with the name, of the applicant in his own hand writing and in the English language, if he be able to write his name in the English language, and if not then in any language that he may be able to write. If he is not able to write in any language, he may procure some resident of the township to write his name for him, and he shall make his mark. Hut the person so writing his shall also write his own riame on the instrument as attesting witness. It phall be unlawful for any person to write the name of an applicant to an application unless he is personally acquainted with such applicant, and if he writes the name of an applicant to an application, he must write his own name in attestation.

Application in Person—Proceedings. —Sec. 11. In order to become registered at the May, September or October session of the board, the applicant shall appear in person and announce his name to the board and present his application,. The board shall take the application and observe if it be signed with his name. If so signed but not attested, any member of the board may inquire of him if the name is iu his handwriting and if, after such inquiry, the board or any member there-

of feel that they, or he, has reason to doubt whether the signature is in the handwriting of the applicant, the board may require him to write his name in their presence on the back cf the application. If the applicant state that the signature is in his handwriting, ..or, where required, write his name on the back thereof in the presence of the board, or if it appear ttiat the application is dully signed and attested his name shall then be written in both of the registration books in the column of registration and numbered in its regular order, and both clerks shall Indorse their initials on the of the application, and it shall be numbered to correspond with the number of the registry name, and the board shall announce to the applicant the number of his name. The applicant shall then retire. If there be other applicants ready to register, the board shall proceed with them in the same maimer.

Books-—Filling In Data. —Sec. 12. At any tinie during the day when the time of the board is not taken in receiving applications and waiting the. names in the registration books, etc., the clerks may proceed lo fill out the various columhs of their registration books by inserting in the proper column, after each name, the data contained in the application, and indicated by the heading of the columns; and when -the board is closed for the receipt of applications in the evening, it shall remain in session until the cterks have completed both registration books by inserting in the columns thereof, from each application, the data which there belongs; and on each book, immediately below the last name registered, they shall place this* certificate, which shall be signed by the noeihbers of the board:

“The above is a correct registration of all applications received by the board of registration, for the .... precinct in . ....... township, in county, at its May, September or October session, and on the .. Of 19.-..” And the board shall arrange all applications received in regular order as to number and securely inclose the same in a paper wrapping, and indorse the same as applications received at the session (naming it) of the board of registration, of the precinct and township (naming them), the inspector shall take charge of the registration books and all said packages and within two days deliver them to the auditor of the county in his office.

County Auditor—-Custody of Books, Etc. —Sec. 13. The auditor of the county shall keep said registration books and packages in his office in such place or receptacle as they will be secure; he shall in no event allow any of them to be taken from his office except by inspectors of registration or election officers, as hereinafter provided. But at least one of the registration books shall be open to examination by the public and to be copied from, as any other public record. September Session —Hours. —Sec. 14. Not more than three days before the September session of the registration board, the inspector of the precinct shall obtain from the auditor’s office the registration books and have them at the place of registration in the precinct on the day thereof. The board at that session shall meet at. 5 o’clock a. m. and continue in session for the receipt of applications for registration until 6 o’clock p. m. an<J as much longer thereafter as an application shall be presented every five minutes, but not later than 8 o’clock p m., and after that hour it shall receive no further applications, but shall remain in session until It has completed its registration books and certified the same and Inclosed In packages and indorsed the same. Applications received at that time and papers accompanying the same, which shall be taken by the inspector and returned within two days to the auditor’s office and shall there remain until taken by the inspector for the October session. Persons applying at that time for registration shall 1 , in addition to all the facts hereinafter required, show in what precinct, township and county they have resided -since the May session of the board and definitely describe the place so that It can be ascertained. And If they were registered at the May session of the board they shall present with their application a copy of the record of their registration at the May sessipn, duly certified under the hand and seal of the auditor of the county where they were so registered. For all persons registered at such i session, In addition to the other data entered In the registration books, the clierks, shall Insert in the column of remarks the place where registered If registered at the May session.

October Registration.—Sec. 15, At the October session of the registration board, voters may be registered as provided for at the May session of such board: Provided, however, that in their application they shall state the county, township and. precinct where they resided, both at the May and September sessions of the board, particularly describing the place so that it can be definitely determined where such residence was; and if registered at either the May or September session of such- board, they shall present with application a copy of the records if of Such registration or registrations, iduly certified under the hand and seal of the auditor of the county where they were so registered and such application shall clearly show the places where they have resided from the May session of said board up to the October session thereof, and the October session shall be open for the receipt of applications the fame as the May and September sessions, but the board shall, before Its 1 adjournment, complete and certify it*

registration books and inclose In packages the applications, copies of records and affidavits received, indorse the same, and the inspector shiilf again take charge and return the same to the auditor’s office within two days. Compensation of Board. —Sec. 16. Each member of the election board shall receive for his services at the rate of four dollars per day, for the time necessarily engaged in the discharge of his duties as such member. Watchers.—Sec. 17. While the registratibn board is in session, it shall permit to be the room one person as watcher from each political party in the county, if such person have Written authority from the county chairman of such party. The board shall not permit more than three persons to be in the room at any one time, other than the watchers and members of the board. Police Powers.- —Sec. 18. Each member of the board of registration, while in session, shall be a conservator of the peace and shall have the right to arrest any person who creates any disturbance in or around the room of the board, or offers any interference with the work of the board or people appearing for the purpose of registration, or who violates any law of the state in the presence or hearing of the board, and he shall have the right to command bystanders to assist in making such arrest and in detaining such person until a warrant can be obtained for him.

Penalty False Registration or Statement. —Sec. 19. It shall be unlawful for any person who is not a voter, and knows he will not be a voter at the next ensuing general election, to apply for registration in any election precinct ia this state, or to procure himself to be registered thereat as a voter; and it shall be unlawful for any person to make any false statement in any application that he may present to the board of registration for the purpose of procuring himself to be registered, and it Bhall be unlawful for him to present any application knowing it contains a false statement. Any person violating any of the provisions of this section shall, on conviction, be imprisoned in the state prison hot less than one (1) year nor more than five (6) years and fined in any sum not more than five hundred dollars ,($600.00). Penalty—Subscribing Name of Other Person. —Sec. 20. It shall be unlawful for any person' to subscribe the name of any other person to an 1 application for registration in any precinct of this state, if such person knows such application to contain a false statement, and it shall be unlawful for any person to subscribe the name of any other person to any such application for registration without writing his own name thereon as an attesting witness. Any person, convicted of Violation of this section, shall be imprisoned in the state prison not less than one nor more than five years and fined in any sum not exceeding five hundred dollars f$600.00).

Penalty—Board Making False Registration. —Sec. 21. It shall be unlawful for any member of the board of registration of any precinct in this state to register, or cause to be registered, in the registration books of any precinct,' the name of any person, unless such person has presented in his own proper person to buch board while in session, at the time provided for in this act for the purpose of-Tegistering voters, an application duly signed. Any person violating the provisions of this section shall, on conyiction, be imprisoned in the state prison not less that one, nor more than five, years and fined in any sum not more than five .hundred dollars ($500.00). Penalty—Neglect of Duty.—Sec. 22. Any member of the board of registration or any public officer, upon whom any duty is Imposed by this act, who shall wilfully neglect to perform such duties, or do any act prohibited herein for which punishment is nat otherwise provided, shall be deemed guilty of a felony, and upon conviction shall be punished by Imprisonment in the state prison for not less than six months nor more than three years, and by a fine of not less than fifty dollars (SSO) nor more than five frtl®dred dollars ($500), and be disfnffi chlsed and rendered ineligible of holding any office for any determinate period, not [ess than five years. Books and Papers at Election Polls. —9ec. 23. 'At the time tickets and other supplies are received by the inspector for the November election, he shall also receive from the auditor the registration books, registration applications and affidavits returned by the registration board, and shall have those present at the election precinct on the day of the election, and within three days thereafter shall return them to the auditor.

Challenge —Not Registered.— Sec. 24. In addition to the grounds of challenge of a voter or proposed voter at the election, it shall,, hereafter, be a ground of challenge' that thie person offering to vote is not registered. The person so challenged, shall not be permitted to vote until he make and present an affidavit that he is registered and that he is the identical person who is registered under the name under which he intends to vote. Upon such challenge, the election officers of the precinct shall inspect the application for registration, and if they be satisfied that the affidavit of such person is false, they shall order his arrest at once: Provided, ThaMjp person shall be allowed by the officers to vote at the election whose not registered, even though there be no challenge on that ground. City-Registration. —Sec. 26. In aa election Jn any city of this state, of more than fifteen thousand inhabitants seconding to the last preceding United States census, there shall be required

a registration of voters, complying with the provisions of this act; except that in the registration of voters therein the inspector of registration shall be appointed by the clerk of the city and the clerk of-the city shall perform all the duties required by this act of the auditdr of the county. The duties herein required of the board of commissioners shall be performed by the city council, and the rights or nomination of election officers by chairmen of, political parties of the county in this act, may be exercised by chairmen of the city committees of the political parties, if such there be„ The city officers shall be required to perform the various duties herein, prescribed for the county officers in whose stead they act, subject to the same penalties and provisions herein prescribed as to such county officers. The city shall appropriate for and defray the expense of such registration, in the same manner as it defrays the expense of a city election. Repeal. —Sec 26. To the extent that any law heretofore passed is" in conflict with the provisions of this act, the same is hereby repealed.