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West Virginia Legislative Hand Book and Manual and Official Register, 1920


THE NEW REGISTRATION LAW.

Defining and Fixing the Qualification of Female Voters, and Providing for their Registration for the General Election to be held in November, 1920; Also Providing for the Registration of Male and Female Voters in New Election Precincts.

(This act was passed by the Legislature of West Virginia, in Extraordinary Session, September 17th, 1920, to take effect from its passage, and was approved by Governor Cornwell on the same day.)

Section 1. Female citizens of the state shall be entitled to vote at all elections held within the precincts of the counties in which they respectively reside; but no person who is a minor, or of unsound mind or a pauper, or who is under conviction of treason, felony or bribery in an election, or who has not been a resident of the state for one year, and of the county in which she offers to vote for sixty days next preceding such election, and who is not at the time of the election, an actual and bona fide resident of the election precinct in which she offers to vote, shall be permitted to vote at such election, while such disability continues; and no person in the military, marine or naval service of the United States shall be deemed a resident of the state, by reason of being stationed therein; nor shall any person in the employment of an incorporated company, or of this state, be deemed a resident of any county, or of an election precinct therein by reason of being employed in said county or election precinct. But no female shall be allowed to vote at the general election held on the Tuesday next after the first Monday in November, one thousand nine hundred and twenty, unless she shall have been registered as herein provided, and the commissioner of said election shall allow only those to vote whose names appear upon the registration books furnished to them by the clerk of the county court, or who present a property certificate of transfer as now provided by law. And at all elections held after said general election in November, one thousand nine hundred and twenty, no female shall be permitted to vote unless she shall have been registered in the same manner required by law for the registration of male voters.

Sec. 2. The county court of every county shall immediately after this act goes into effect, furnish to the registrars in each voting precinct in the county, sufficient registration books and blanks for the registration of the female voters therein, which books shall be so arranged as to admit of the alphabetical classification of the names of the voters and ruled in parallel columns, on which the registrar shall enter, first, the number; second, the names of the persons registered; third, color; fourth, age; fifth, place of birth; sixth, time of residence in precinct, county and state; seventh, if naturalized, the date of the papers and the court by which issued; eighth, date of registration; ninth, place of residence. Said registration books and blanks shall be delivered to said registrars by the county clerk in person, or to the residence or usual place of abode of said registrars; and not later than the first day of October, one thousand nine hundred and twenty. Said registrars shall meet together and proceed to register the names of all qualified female voters in their respective precincts, and shall endeavor to ascertain and register each and every qualified female voter entitled to vote within the precinct, and for this purpose shall visit the usual place of abode of each and every female voter; if either one of the registrars refuse or fail to register the voters of his precinct, as herein required, then the other registrar may, in the absence of such registrar so refusing or failing, proceed to make or complete such registration; and it shall be the duty of such registrar, so refusing or failing so to do, to copy the names of the persons so registered by the other registrar, in his registration book, and if he fails to do so, then it shall be the duty of the county court to have the same done at its sittings, for the purpose of completing and revising said registration list. From the action of the county court an appeal may be taken to the circuit court, or from the circuit court to the supreme court of appeals of this state. And in registering each voter, said registrar shall give the Christian name, and her surname, and shall designate the place of her residence, her age and color, and whether she is a native or foreign born, and such information as is provided for in this section, which information shall be given in the proper column provided in the books furnished by the clerk of the county court, as hereinbefore provided. Any registrar violating any of the provisions of this section shall be fined not less than fifty dollars and confined in jail not less than thirty days.

If said registrars after examining any voter, are not satisfied as to her right to be registered, then said registrars shall require said voter to make an affidavit in writing, on a blank to be furnished, which affidavit shall be duly subscribed and sworn to be said voter before either of said registrars, and in which affidavit said voter shall answer fully the questions giving information as required under section ninety-eight-a (4) of chapter six, acts extraordinary session, one thousand nine hundred and sixteen, and if such affidavit shows that she is a voter in said precinct, she shall then be registered by said registrars. Said registrars having registered such voter upon her affidavit, may mark said affidavit “challenged,” and return the same with their list of registration, to the clerk of the county court, and said clerk shall preserve said affidavit in his office, and either registrar or any citizen or any voter of the county may appear before the county court and have the right of said voter’s registration determined by said county court. And any person who shall willfully make any such affidavit falsely shall be guilty of felony, and upon conviction thereof, shall be confined in the penitentiary not less than one nor more than three years; or, in the discretion of the court, may be confined in the county jail not less than one nor more than six months.

Every female shall be registered who will be entitled to vote at said general election in November, one thousand nine hundred and twenty, by reason of her arriving at twenty-one years of age before that election, and by reason of her having resided for a sufficient length of time in the state and county; provided, she is otherwise qualified.

Sec. 3. Said registrars after completing the registration of female voters as far as in their power, shall, when they sit together as provided by law on the third Monday next prior to said general election, have said registration books then and there open for public inspection, and shall register in said books all qualified female voters who have not theretofore been registered by them, and complete and finish the registration of the female voters in their said precincts, and make out and sign two alphabetical lists of female voters so registered by them in said books, and return the same to the clerk of the county court within three days from the time of said sitting. And for their services in making said registration the registrars shall receive the same compensation now allowed for registering the male voters. The county court at its session held on the Tuesday next preceding said general election shall add to said list the names of all female voters who shall then appear in person and make application for registration, for the same reasons and in the same manner as now provided for male voters.

Sec. 4. In any county where new election precincts have been established in the manner prescribed by law, since the twenty-fifth day of May, one thousand nine hundred and twenty, and prior to the passage of this act, the county court shall, within ten days after this act goes into effect, appoint two registrars in the same manner and upon the same requests or recommendation prescribed by law for each of said newly created precincts, and said registrars shall immediately proceed to register the male and female voters in said precincts in the manner now prescribed by law, and for their services such registrars shall be allowed the same compensation now provided for such service, to be audited and paid by the county court out of the county treasury.

Sec. 5. For the purpose of holding a general election to be held on the Tuesday after the first Monday in November, in the year one thousand nine hundred and twenty, the commissioners of election at every precinct where the registration of voters for that precinct (as shown by the registration books then received by them from the county clerk) shows two hundred voters or more, shall appoint two additional poll clerks, qualified voters in said precinct, either one or both of whom may be female voters of the precinct, one from each of the political parties which cast the largest number of votes at the last preceding general election in the state, and who shall be selected by the commissioner or commissioners representing the political party from which said clerks are respectively appointed, who shall take the same oath, perform the same duties, and receive the same compensation as clerks of the receiving board, except it shall not be necessary for more than two of the clerks, who are of opposite politics, to sign their names on the ballots which are cast by the voters. And at said general election in November one thousand nine hundred and twenty, the number of booths or compartments at each voting place where the registration of voters therefor shows two hundred voters or more, shall not be less than five nor more than ten, and not more than one voter for each booth or compartment shall be allowed in the election room at the same time. All poll books and registration books shal[l] be made in ink.

Sec. 6. Every commissioner of election, poll clerk, challenger and ballot commissioners shall be allowed five dollars each day he shall serve as such, including the time necessary to receive and deliver the ballots, ballot boxes, poll books and tally sheets. Provided the ballot commissioners shall not receive an allowance for more than two days.

Section 7. All provisions of the registration laws of this state now in force which are not inconsistent with the provisions of this act, shall apply to the registration of the voters herein required to be registered.


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