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An Act to Amend An Act Entitled "An Act to Provide for the Registration of the Names of Electors, and to Prevent Fraud at Elections" Approved March 8th, 1889.

Be it enacted by the Legislative Assembly of the State of Montana: That Section 2 of an Act to provide for the registration of the names of electors and to prevent fraud at elections," approved March 8, 1889, is hereby amended, by striking out, after the word "Act" in line 9 of said Section, the following words: Provided, except as herein provided for, the first registry agents to be appointed under this Act shall be appointed by the County Commissioners of the several Counties at their regular meetings in June 1889, and they shall hold their offices until June 4th, 1890, and until their successors are appointed and qualified,” down to the word "provided” on lines 13 and 14 of said section. Also by striking out the word "further" on line 14 of said Section; also by striking out the word "two" after the word "appoint" and before the word "registry" in line 24 of said section and inserting in place thereof the words "at least three" but not more than four;" also, by striking out the word "two" after the word "where" and before the word "registry," in line 25 of said section, and inserting in place thereof the words "three or more," so that the section shall read as follows:

SECTION 2. There shall be one registry agent for each election district created pursuant to this Act. All registry agents shall be competent persons and shall be appointed by the Board of County Commissioners. They shall be resident freeholders and qualified voters in the several election districts for which they shall be appointed. They shall be, and are hereby empowered and authorized to administer oaths and affirmations, and to do such other acts as may be necessary to fully carry out the provisions of this Act; provided, that no person a candidate for, or who holds a territorial, county or other office, shall be eligible to or hold the office of register of elections. All registry agents shall be appointed bi-ennially each regular general election year at the regular June meeting of the Board of Commissioners, and shall hold their office for the period of two years, except as hereinafter otherwise provided, but they shall be subject to removal at any time by the Board of County Commissioners; provided, that in any election district wherein any incorporated city containing five thousand population or more is situated, it shall be lawful for the County Commissioners to appoint at least three, but not more than four, registry agents and in any district where three or more registry agents shall be appointed the County Commissioners shall allot, by order entered upon their minutes, to each of such agents, the particular

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precincts in which such agents shall make the registration under this Act.

That Section 3 of the said above referred to Act is hereby amended by striking out the following words, on lines 35 and 36 of said section, "or has declared his intention to become such," and inserting in place thereof, the following words, "or that he will be entitled to be a full citizen, and it is his intention to become a full citizen before election day of this year," so that the section shall read as follows:

SECTION 3. It shall be the duty of the Chairman of the Board of County Commissioners of any County, in Montana, when he shall have received notice from any responsible citizen of the death, disqualification or resignation of any registry agent, after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person to fill such vacancy, and it shall be the duty of such person so appointed to qualify within two days after receiving notice of such appointment. Should such person so appointed fail to qualify within the time herein provided, voters may, upon producing evidence, as to their right to vote, be registered in any other district in said county, and any person so registered in any other district shall, upon presentation and surrender of a certificate of registration signed by the registry agent of said district, be considered a legal voter in the precinct of the district in which he is a resident; provided, this section shall not be so construed as to interfere with the right of the full Board of Commissioners to make such appointment, except in cases herein provided. If any person applies to be registered in any district other than the one in which he resides, and is entitled, upon proof to a certificate of registration, as provided for in this section, such applicant, in addition to the proof required by this Act to entitle him to registration, shall take and subscribe to an oath before the registry agent in substantially the following form:

. Montana,...... 18....

I do solemnly swear that I make this application for registration in District No.....of...... .. County of..... .., Montana, because there is no registry agent within Election District No....... which is the district where I reside and am entitled to vote. Subscribed and sworn to before me this.....day of........, i8... ..Registry Agent.

Whereupon such person shall receive from the Registry Agent of such district a certificate, which said certificate shall bear the registry seal and be substantially as follows, to-wit:

REGISTRATION CERTIFICATE.

I hereby certify that....

. is a citizen of the United

States, 66 or that he will be entitled to be a full citizen and it is his intention to become a full citizen before election day of this year," of the age. . years, and has been a resident of Montana for the past consecutive months, and a resident of.....

County for.

.. months, and of the precinct for more than ...days, and that he is in all respects a qualified registered elector under the laws; and I further certify that the reason he applies for and that I grant this registration certificate is because within Election District No....... where he resides, there is no registry agent. And I further certify that he is under the laws entitled to vote in the ..precinct of Election District No.....

County, Montana.

Witness my hand and seal of office in Election District No... . .

(SEAL)

County, Montana.

Registry Agent.

Election District No.......

County, Montana.

That Section 4 of the said above titled law concerning the registration of voters is hereby amended by striking out, on lines 12 and 13 of said section, the words, "or certificate of declaration of intention to become a citizen," also by inserting in line 14 of the said, section, after the word "thereof" in said line, the following words "Registry Agents are hereby required to deliver to the Clerk of the County all books of registry which may have come into their hands pursuant to the provisions of this law. Such books shall be delivered immediately after the registry agent shall have made up and delivered his check lists and index books, as required by section 10 of this law."

There shall also be added to section 4 of said Act the following words: It is hereby made the duty of each and every registry agent to designate, on or before the first day upon which he is required to commence the registration of voters and to publish in some newspaper within his county a public notice that he will sit within each and every precinct within his election district. In such notice he shall designate his home office, wherein he shall sit, and be found, during the first three days and the last three days that the registration books shall be opened, and upon every registration day when he is not sitting within other precincts. He shall also designate in his notice at least two, and not more than three days in which he will sit within each precinct within his district, and he shall so arrange his sittings, if practicable, as to sit on one Saturday in each and every precinct in his district. He

shall give notice of the exact place in each precinct in which he will sit, and he shall sit in no other place within such precinct, unless it shall become impossible for him to sit in the place designated, and if he cannot secure accommodations at the place designated it shall be his duty to secure them at the nearest possible suitable place, and he shall immediately post notices at the place originally designated that he is sitting elsewhere, and such notices shall give the exact location of where he may be found. And it is hereby made the duty of registry agents to attend at the places designated and to register voters thereat between the hours of ten in the morning and ten at night, omitting, if they see fit, the hour between twelve o'clock noon and one o'clock in the afternoon, and six o'clock and seven o'clock in the evening. In addition to the notice in the newspaper of the schedule of the registry agent's appointments he shall post, or cause to be posted, within each precinct of his election district, a copy of such published notice, so that the voters within each precinct shall know the exact date upon which the registry agent may sit within their precincts. The registry agents are hereby forbidden to register any person or persons, outside of the offices, but any elector qualified to register within the election district in which he resides any (may?) register within any point within his election district whether within his proper precinct or not, but the registry agent shall designate, as is required by this Act, the particular precinct where such elector may reside, and be entitled to vote, so that the section shall read as follows:

SECTION 4. The County Commissioners of the several Counties shall provide for the registry agents in their respective counties when and where required, all proper and necessary books, seals and stationery, to carry out the provisions of this Act (particularly printed copies of this Act) they shall furnish to each registry agent a bound book, which shall be known as the "official Register," which shall be ruled in columns of suitable dimensions to provide for the following entries, opposite the names of each elector, to-wit:

First, Number of the Registry;

Second, Date of Registry;

Third, Name of Elector;

Fourth, Age of Elector;

Fifth, Where born;

Sixth, Number of ward or name of electoral precinct;
Seventh, Description of residence;

Eighth, Certificate of naturalization exhibited or a certified copy thereof.

Registry agents are hereby required to deliver to the clerk of the

County all books of registry which may have come into their hands pursuant to the provisions of this law. Such books shall be delivered immediately after the Registry Agent shall have made up and delivered his check lists and index books, as required by section 10 of this law. They shall also furnish each registry agent with a seal, upon which shall be engraved substantially as follows:

District No.

County, Montana, Registry Seal, Election

The name of the county and the number of the election district shall be engraved upon such seal to correspond to the county and election district in which such seal is to be used. It is hereby made the duty of each and every registry agent to designate, on or before the first day upon which he is required to commence the registration of voters, and to publish in some newspaper within his county a public notice that he will sit within each and every precinct within his election district. In such notice he shall designate his home office, wherein he shall sit, and be found, during the first three days and the last three days that the registration books shall be opened, and upon every registration day when he is not sitting within other precincts. He shall also designate in his notice at least two, and not more than three days, in which he will sit within each precinct in his district and he shall so arrange his sittings, if practicable, as to sit one Saturday in each and every precinct in his district. He shall give notice of the exact place in each precinct in which he will sit and he shall sit in no other place within such precinct unless it shall become impossible for him to sit in the place designated, and if he cannot secure accommodations at the place designated it shall be his duty to secure them at the nearest possible suitable place, and he shall immediately post notices at the place originally designated, that he is sitting elsewhere, and such notices shall give the exact location of where he may be found, and it is hereby made the duty of registry agents to attend at the places designated and to register voters thereat, between the hours of ten in the morning and ten at night, omitting if they see fit the hour between twelve o'clock noon and one o'clock in the afternoon, and six o'clock and seven o'clock in the evening in addition to notice in the newspaper of the schedule of the registry agents appointments he shall post or cause to be posted within each precinct of his election district a copy of such published notice so that the voter within each precinct shall know the exact dates upon which the registry agent may sit within their precincts, the registry agents are hereby forbidden to register any person or persons outside of their offices. But any elector qualified to register within the election district

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