any municipal election, shall be a charge against, and shall be paid by the corporate authorities of the municipality holding such election. [Sec. 13 repealed, Stats. 1871, 132.] A justice of the peace in Storey County of one of the townships therein is not entitled to the compensation provided in this section in addition to the salary named in section 11 of the salary act of 1885. Lobenstein v. County of Storey, 22 Nev. 382 (40 P. 1016). 1717. Not entitled to vote if not on register-Identification may be required. SEC. 14. No person shall be entitled to vote at any election mentioned in this act, unless his name shall, on the day of election, appear in the "checklist" furnished by the registry agents to the inspector of election of the election district at which he offers to vote; and the fact that his name so appears in the "check-list" and in the copy of the official register in the possession of the inspectors of election, shall be prima facie evidence of his right to vote; provided, that when the inspectors of election shall have good reason to believe, or when they shall be informed by a qualified elector, that the person offering to vote is not the person who was registered in that name, the vote of such person shall not be received until he shall have proved his identity as the person who was registered in that name. See secs. 1731 and 1790. One whose name appears on the check list and copy of an official register furnished the election officers by the regular registry agent is entitled to vote although he was registered by one illegally acting for the registry agent. State ex rel. McMillan v. Sadler, 25 Nev. 132 (58 P. 284, 59 P. 546, 63 P. 128). 1718. Punishment for illegal registration, voting or attempt to vote. SEC. 15. Any person who shall vote, or offer to vote, at any election mentioned in this act, but who shall not be a qualified elector, or any person who, being a qualified elector, shall vote or offer to vote in the name of any other registered elector, shall be deemed guilty of a felony, and on conviction thereof before any court of competent jurisdiction, shall be punished by imprisonment in the state prison for not less than one nor more than three years; and any person who shall wilfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides or will reside prior to the day of the next ensuing election; and any person who shall cause, or endeavor to cause, his name to be registered, knowing that he is not a qualified elector, or will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made; and any other person who shall induce, aid, or abet any such person in the commission of either of such acts in this section enumerated and described, shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by confinement in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the court. 1719. Punishment for perjury and violation when penalty is not prescribed. SEC. 16. All wilful, corrupt, and false swearing or affirming before any registry agent shall be deemed perjury, and on conviction, shall be punished as such. If any registry agent, or any other person in any manner concerned, shall wilfully and corruptly violate any of the provisions of this act, the penalty for which is not herein specifically prescribed, he shall be punished for each and every offense whereof he shall be duly convicted, by imprisonment in the state prison for a term not less than one year nor more than five years, or by fine of not less than one hundred nor more than one thousand dollars, or both such fine and imprisonment, in the discretion of the court. Uuder the former registration act (Stats. 1865, 380) it was held: A person who was a qualified elector did not become disqualified by failure to pay his poll tax and to have his name registered until after the last day of the first week in October, A. D. 1865. By provisions of said act all persons had until said time within which to have their names registered; no disqualification would result until after that time. When all that is known of a person's citizenship is that his residence and home has been in a foreign country, the mere statement of a stranger that he was a citizen is not sufficient to establish a citizenship in this country against the presumption that will arise from his home being in another country. State v. Salge, 1 Nev. 455, 456, 458. On application for registry by one who could not take the oath prescribed in this section, but was entitled under the constitution to the right of suffrage, it was held that the said oath was unconstitutional, and that, as the registry agents could not alter or modify it so as to leave out the objectionable part, the entire oath must fall. Davies v. McKeeby, 5 Nev. 369. See sec. 250, ante. Cited, State ex rel. Hess v. Washoe Co., 6 Nev. 108. An Act supplemental to "An act to provide for the registration of the names of electors and to prevent fraud at elections," approved March five, eighteen hundred and sixty-nine. Approved February 20, 1885, 33 1720. Printing names of voters-Amount allowed. SECTION 1. Whenever any board of county commissioners shall deem it necessary to have printed copies of the names upon the register of voters in any election precinct (as mentioned in section 8 of the act to which this act is supplementary), said board shall cause said list to be printed in such manner and for such time, in a newspaper or otherwise, as they may deem best calculated to give notice to the public of the names so registered, and shall cause copies thereof to be forthwith furnished to the registry agent of said precinct for posting, as required by said section 8; provided, that no registry list shall be printed at the charge or expense of a county, and no board of county commissioners shall allow, or auditor approve any claim therefor, in whole or in part, unless said printing shall have been done at the instance and order of said board; and provided further, that in no case shall the whole amount allowed by said board, approved by the auditor, or paid by the county for printing any registry list, exceed the sum of fifteen cents for each name upon said list and printed. An Act to provide for the registration of voters in case of death or resignation of registry agent. Approved March 6, 1879, 84 1721. Death of registry agent. SECTION 1. It shall be the duty of the chairman of the board of county commissioners of any county of this state, upon receiving notice from any responsible citizen of the death or resignation of any registry agent in their county, 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. A registration made by one acting for the registry agent while the registry agent is sick is without authority. State ex rel. 1722. Qualification of appointee. McMillan v. Sadler, 25 Nev. 132 (58 P. 284. 59 P. 546, 63 P. 128). SEC. 2. It shall be the duty of such person, so appointed, to qualify within two days after receiving notice of such appointment. 1723. Failure to qualify. SEC. 3. In case of the failure of such person so appointed to qualify within the time herein provided, voters may, upon producing evidence as to their right to vote, be registered at any other precinct in said county. 1724. Voters, when qualified. SEC. 4. Any person so registered shall, upon presentation and surrender of a certificate of registration, signed by the registry agent of said precinct, be considered a legal voter in any precinct of said county. 1725. Construction of act. SEC. 5. This act 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. McMillan v. Sadler, 25 Nev. 132. An Act to provide for the registration of the names of electors and to prevent fraud at elections in certain incorporated cities within the State of Nevada, providing certain penalties and other matters properly appertaining thereto. Approved March 24, 1911, 370 1726. Official register and stationery to be 1727. Duties of registry agent. 1729. Original official register delivered to 1730. Oath of identification on transfer. 1731. Challenge and identification of voter. Prompting voter felony. 1732. This act supplementary to previous acts. 1726. Official register and stationery to be furnished by county commissioners. SECTION 1. The county commissioners of the several counties shall provide for the registry agents, as now constituted by law, in their respective counties, when and where required all proper and necessary books and stationery to carry out the provisions of this act. They shall furnish to each registry agent whose duty it is to register the electors in any incorporated city within the State of Nevada, polling more than two thousand votes at the last preceding general election, a book to be known as the "Official Register," which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: First-Number on the register. Second-Date of registry. Third-Name of elector. Fourth-Age of elector. Fifth-Where born. Sixth-Number of ward or name of electoral district. Seventh-Description of residence. EighthCertificate of naturalization exhibited. Ninth-Signature of the elector. Tenth-Number of identification statement. Each column shall be so marked by printed or written words at the top thereof on each page of such official register as to indicate the nature of the entries to be made therein. Such official register shall be in such number of volumes as shall equal the number of voting or polling-places in such incorporated city. Const. sec. 255. See sec. 1707. 1727. Duties of registry agent. SEC. 2. In registering electors in any such incorporated city as mentioned in section 1 of this act, it shall be the duty of the registry agent to make the appropriate entries in each column of such official register, except in the ninth column, and in said ninth column it shall be the duty of the registry agent to procure from the elector his signature by having the elector sign therein his name in ink or indelible pencil; and the elector shall, with his own hand and without assistance, using an indelible pencil or ink, sign his name; provided, that if the elector alleges his inability to so sign, the registry agent shall read to the elector the following questions from a book to be furnished by the county commissioners and to be known as "Identification Statements for Registration Day," and said registry agent shall write down in said book the answers of the elector to said questions, each answer being written after the question to which it is an answer. Said questions so read shall be the following: What is your name? What is or was your father's full name? What is or was your mother's full name? What is your occupation? What is the name of your present employer? If unemployed, what is the name of your last employer? Where is or was his place of business? Are you married or single? Where did you actually reside immediately prior to taking up your present residence? At the bottom of each list of questions shall be printed the following statement: "I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions," and said registry agent, who has made the above record, shall forthwith sign his name to said certificate and date the same. The above questions shall be printed on separate sheets of paper which shall be furnished said registry agent, bound together in book form and numbered consecutively, and the number corresponding to the number consecutively, and the number corresponding to the number on each sheet, containing said list of questions shall be entered, when questions have been answered, in the tenth column in the official register of electors. Said book of identification statements shall be kept at all times by the registration agent or other proper officer or officers with the said official register. See sec. 1707. Voters residing out of town in precincts containing a town or city are registered differently, sec. 1866. 1728. Questions and answers transmitted to election board. SEC. 3. Each of said registration agents shall cause such registrations of electors and said questions for identification to be so kept that the same shall be in form to be transmitted to the inspectors of elections, and all the electors registering shall be classified according to the polling or voting places at which they are each respectively entitled to vote, and all electors entitled to vote at any particular polling-place in the same book, or have the questions put to them recorded in one book or bound together in such manner as the registry agent shall determine, and no electors entitled to vote at different polling-places shall be registered in the same book. And no change shall be made in polling-places which in anywise interferes with the purposes of this act. 1729. Original official register delivered to election board. SEC. 4. In addition to the books now required by law to be delivered by registry agents to the inspector or inspectors of elections, the registry agent shall deliver not later than the day preceding that on which the election is to be held, to some one of the inspectors of election in each polling or voting place in any such incorporated city, the original official register containing the names and original signatures of all electors registered and entitled to vote at such polling-place, together with the original or true and certified copies of the identification statements for all electors entitled to vote at such polling-place, if any there be. 1730. Oath of identification on transfer. SEC. 5. If any elector registered under the provisions of this act shall transfer to any other incorporated city mentioned in section 1 thereof, or if any duly registered elector shall transfer to any such incorporated city, after the closing of registration, and shall demand his right to vote at the election and shall, by reason of such transfer, not be able to be identified thereat by his signature taken at the time of registering as provided in this act, or by said identification statements, he shall, if his right to vote be challenged or questioned, before being given a ballot, prove to the satisfaction of the inspector or inspectors of election, by the oath of two qualified electors, that he is the same person who so registered in said other voting precinct and has been transferred and is mentioned in said certificate of transfer, which oath shall be reduced to writing and by the elector subscribed and sworn to before one of the inspectors of election, who shall also sign his name thereto in a book to be known as the "Transfer Book," which shall be kept in the same manner as the other election books. 1731. Challenge and identification of voter-Prompting voter felony. SEC. 6. At any and all elections hereafter to be held in any such incorporated city, if any person except as provided by section 5 demanding the right to vote shall be challenged, or his right to vote be questioned, he shall, before receiving a ballot, sign his name by his own hand and without assistance, using an indelible pencil or ink, in a book provided by the inspectors of elections and to be known as the "Signature Book" and to be so labeled in printed or written words in ink, together with the name and description of the pollingplace. If the elector on election day alleges his inability to so sign, then one of the election clerks, to be designated by the chairman of the election board or chairman of the inspectors of elections, if there be a chairman, if not then by any inspector of elections for such polling-place, shall read the same list of questions to the elector as were required to be read at the time of registration from a book to be provided for election day, and to be known as "Identification Certificates for Election Day," and said clerk shall write the answers of the elector thereto. Each of these questions shall be numbered, and a number corresponding to the number on the statement sheet shall be entered opposite the name of the elector in the index book now provided for by law. The questions answered on registration day by the elector shall not be turned to until all the answers to said questions shall have been written down on election day by said election clerk. Any person who shall prompt a voter in answering any questions provided for in this act shall be guilty of a felony, and upon conviction shall be imprisoned in the penitentiary for not more than two years. At the bottom of each list of questions provided to be asked an elector on election day shall be printed or written the following statement: "I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions," and said election clerk who has made the said record shall sign his name to the said certificates and date the same, and note the time of day of making such record. The comparison of signatures of an elector made on registration and election days, or the comparison of the answers made by an elector on registration and election days shall be had in full view of watchers, and the right to challenge electors shall exist until the ballot shall have been deposited in the ballot-box. If the signatures or answers, as the case may be, made upon registration day do not correspond, in the judgment of a majority of the inspectors of elections, then the person so offering to vote shall not be entitled to a ballot. And that shall be the only test as to whether the person offering to vote is the same person who registered under the name offered to be voted by such person so offering to vote. No other identification of electors shall be necessary nor permitted. See secs. 1717 and 1790 regarding challenge of voters at polls. [Sec. 7, repealer, omitted.] |