SECTION CHAPTER 4. QUALIFICATIONS OF ELECTORS. 4861. Qualifications of electors. 4862. When women may vote. 4863. Residence in state, county, township and 4864. Exception as to head of a family. 4866. Rules to govern judges in determining Qualifications of elector. When women may vote. Residence in state, county, township and municipality. Exception as to head of a family. SECTION 4861. Every male citizen of the United States, who is of the age of twenty-one years or over, and possesses the qualifications in regard to residence hereinafter provided, shall be entitled to vote at all elections. (Cons. Art. V. § 1.) SECTION 4862. Every woman born in the United States or who is the wife or daughter of a citizen of the United States, who is over twenty-one years of age and possesses the necessary qualification in regard to residence hereinafter provided for men shall be entitled to vote and to be voted for for member of the board of education and upon no other question. (97 v. 354 § 3.) SECTION 4863. No person shall be permitted to vote at any election unless he shall have been a resident of the state for one year, resident of the county for thirty days, and, except as provided in the next section, resident of the township, village or ward of a city or village for twenty days next preceding the election at which he offers to vote. (R. S. Sec. 2945.) SECTION 4864. A person who is the head of a family and has resided in the state and in the county in which such township, village or ward of a city or village is situated the length of time required by the preceding section, and who bona fide removes with his family from a ward to another ward in such city or village, or from a ward of such city or village to a township or village in the same county, or from a township or village to a ward of a city or village in the same county, or from one township to another in the same county, shall have the right to vote in such township, village or ward of a city or village without having resided therein the length of time so prescribed by such section. (R. S. Sec. 2945.) NOTE: Where territory is transferred from one township to another by an unconstitutional statute, electors, in such territory are not thereby made legal voters of the township to which it is sought to attach the territory. State, ex rel. Bambach v. Markley, 9 O. C. C. (N. S.) 562. at municipal SECTION 4865. Such voter so removing with his family Residence refrom a township to a village or ward of a city or village quired to vote in the same county shall not have the right to vote at any elections. municipal election held in such city or village, unless he shall have resided therein twenty days prior to such municipal election. (R. S. Sec. 2945.) ern judges in SECTION 4866. All judges of election, in determining Rules to gov the residence of a person offering to vote, shall be governed determining by the following rules, so far as they may be applicable: residence. 1. That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. 2. A person shall not be considered to have lost his residence who leaves his home, and goes into another state, or county of this state, for temporary purposes merely, with the intention of returning. 3. A person shall not be considered to have gained a residence in any county of this state, into which he comes for temporary purposes merely, without the intention of making such county his home. 4. The place where the family of a married man resides shall be considered and held to be his place of residence, except where the husband and wife have separated and live apart, then the place where they resided at the time of the separation shall be considered and held to be his place of residence, unless he afterward, and during the time of such separation, remove from such place, in which case the county, township, city or village in which he resides the length of time required by the provisions of this chapter to entitle a person to vote, shall be considered and held to be his place of residence. 5. If a person remove to another state with an intention to make it his permanent residence, he shall be considered to have lost his residence in this state. 6. If a person remove to another state, with an intention of remaining there an indefinite time, and as a place of present residence, he shall be considered to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period. 7. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention. 8. If a person go into another state, and while there exercise the right of a citizen by voting, he shall be considered to have lost his residence in this state. 9. All questions of the right to vote shall be heard and determined by the judges of election. (R. S. Sec. 2946.) NOTE: The question of qualification of a voter must be decided by the judges of election, at the time he presents himself to vote, and their decision must be governed by the instructions prepared and furnished by the Secretary of State under Sec. 5047. Where inmates of soldiers' home may vote. Person attending a school and not a resi dent of county not permitted to vote therein. Residence of inmates of city in firmaries. Municipal lodging house not a residence. A resident of the District of Columbia or other federal territory, while engaged in the government service, may elect a place of residence for voting purposes elsewhere. But he must have a clear intention of returning to such voting residence as soon as his temporary employment in the service of the government has ended. NOTE: The vote of a man otherwise qualified, who is not a lunatic or idiot, but whose faculties are greatly enfeebled by age, ought not to be rejected. Sinks v. Reese, 19 O. S. 307. SECTION 4867. Disabled soldiers who are inmates of a national asylum for disabled volunteer soldiers who are citizens of the United States and have resided in this state one year next preceding the election and are otherwise qualified as to age and residence within the county and township shall have their lawful residence in the county and township in which such asylum is located. (R. S. Sec. 2947.) SECTION 4867-1. No person who comes into a county for the purpose merely of attending a school, academy, college, university, or other institution of learning, and who is in such county merely for such purpose, and who does not intend to reside in the county to which he came when he ceased attending such school, academy, college, university, or other institution of learning, shall be permitted to vote in such county at any election held therein in this state or a political subdivision thereof. (103 v. 243.) SECTION 4868. The legal residence of a qualified elector who may be an inmate of an infirmary owned or maintained by a city shall be the ward or precinct of such city where such inmate was so domiciled or resident at the time of his admission to such infirmary and shall so continue during the time he may be an inmate thereof. (87 v. 316 § 1.) SECTION 4869. A municipal lodging house shall not constitute the legal residence of any person so as to qualify him as an elector in such municipality. (100 v. 53 § 7v.) ing a popula tion of eleven hundred or more. thousand eight SECTION 4870. In cities which at the last preceding Registration federal census had, or which at any subsequent federal cen- in cities hav sus may have, a population of eleven thousand eight hundred or more, there shall be a general registration of electors in the several wards or precincts thereof in the manner, at the times and on the days hereinafter provided. No person shall have acquired a legal residence in a ward or election precinct in any such city for the purpose of voting therein at any general or special election, nor shall he be admitted to vote at any election therein unless he shall Annual general registration cities. Quadrennial tration cities. have caused himself to be registered as an elector in such ward or precinct in the manner and at the time required by the provisions of this chapter. (R. S. Sec. 2926a.) NOTE: See Daggett v. Hudson, 43 O. S. 548. An elector who, registers prior to the November election in the precinct where he then resides is a registered elector in any new or altered precinct which the board of elections may establish, and within the boundaries of which his residence falls. Columbus v. City Board of Elections, 13 O. D. 452. SECTION 4871. In cities which now or hereafter may have a population of one hundred thousand or more, when ascertained in the manner provided in the preceding section, there shall be an annual general registration of all the electors therein in the several wards and precincts thereof on the days and in the manner hereinafter provided. (R. S. Sec. 2926h.) SECTION 4872. In cities which now or hereafter may general regis have a population of eleven thousand eight hundred and less than one hundred thousand, when so ascertained, a general registration of all the electors therein shall only be had quadrennially at each and every presidential election, at the times and upon the days hereinafter specified. At all other state or public elections those electors only of such cities shall be required to register as may be new electors or who have moved into any precinct of such city since such general registration. (R. S. Sec. 2926h.) Office of board supervisors. SECTION 4873. In counties containing a registration. of deputy state city, the board of deputy state supervisors shall have a sufficient and suitable office and rooms in such city for the purposes required by this chapter, which shall be in charge of the clerk thereof. In cities in which annual general registration is required, such office shall be kept open daily, except Sundays and legal holidays and in quadrennial general registration cities such office shall be kept open at such times as the board may require. (R. S. Sec. 2926b.) General pow NOTE: In a registration city, the deputy state supervisors must designate the polling places within such registration city. SECTION 4874. The board of deputy state supervisors shall appoint all registrars of electors, judges and clerks of election, and other clerks, officers, and agents herein provided for, and designate the ward and precinct in which each shall serve. It shall appoint the places of registration of electors and holding elections in each ward or precinct, provide suitable booths or hire suitable rooms for such purpose, and for its office, at such rents as it deems just, and provide the necessary and proper furniture and supplies for such rooms. It shall provide for the purchase, preservation and repair of booths and ballot boxes necessary for use at elections in such city, of books, blanks and forms necessary for the registrations and elections herein designated and for duly issuing all notices, advertisements or publications required by law. (R. S. Sec. 2926c.) |