J K 3075 .fir /3QQ UC-NRLF GIFT OF 9 19U PRIMARY LAW Chapter 111 REGISTRATION AND ELECTION LAW Chapter 119 MISSISSIPPI CODE OF 19O6. - CHAPTER 136 Laws 1908 OPINION of ATTORNEY GENERAL -ON- "What Constitutes Qualified Elector." Prepared and Issued by Slate Board of Election Commissioners. HKDEMMAN BROS . PRINTERS. JACKSON. MISS. Opinion of Attorney General on "What Constitutes Qualified Elector MISSISSIPPI CODE 1906. CHAPTER III. PRIMARY ELECTIONS. 3697. Mode of nominating state, district, county and county dis- trict officers. All nominations for state, district, county and coun- ty district offices made by the different parties of this state, shall hereafter be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held, except as herein pro- vided. The county executive committee at such primaries shall discharge the functions imposed upon the county election commis- sioners, except as to revising the registration and poll books, and shall be subject to all the penalties to which county election com- missioners are subject. The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense win n cov.mi.ted in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter. 3698 (3256-3257) Manner of selecting district executive commit- tees; representation on same; quorum. The county executive com- mittee shall consist of fifteen members, three to be selected from each supervisor's district. The executive committees of judicial and congressional districts shall be selected by each county in the manner to be provided by its executive committee; and all vacan- cies in such executive committees shall be filled by the executive committee of the county in which such vacancies occur. juacn county shall have representation on such district executive com- mittees in proportion to double its vote in the house of represen- tatives, having the same number of members of the executive com- mittee that it is entitled to votes in the state convention, as herein- after provided. The full vote to which each county is entitled shall be cast by its executive committeemen present, whether one or more. When executive committeemen, whether one or more from each county, are present from a sufficient number of counties to constitute a majority of the representative vote of the committee, it shall constitute a quorum for the transaction of business. Prox- ies from any county shall not be admissible unless all of the ex- ecutive committeemen are absent. In senatorial and flotorial dis- tricts, each county shall have equal representation as to such rep- resentatives. 3699. (3256-3257) State, district and county executive commit- tees; how chosen." The state executive committee shall consist of three members from each congressional district, to be chosen by the delegates from the different congressional districts, each dis- trict acting separately, and shall hold for four years and until their successors are chosen. A state convention shall be held by each political party in the state, in the year 1908, and every four years thereafter, to select a state executive committee, to appoint dele- gates to the national convention and to nominate presidential elec- tors. Each county shall be entitled in the state convention to a number of votes equal to double its representation in the house of representatives. The delegates are to be selected by county del- egate conventions, to be held in each county. Delegates shall be apportioned equally among the supervisors' districts of each county, or each precinct in the county shall be given representation in the county delegate convention in proportion to the votes cast at the preceding presidential election for its party candidates. The county executive committee shall designaate a date and the number of delegates to be elected, giving at least ten days' notice for the precinct elections, on which date the electors at such precinct shall meet at ten o'clock a. m. at the usual voting places, and by secret ballot elect delegates to represent such voting precincts in the county conventions. The delegate convention of each county shall choose a county executive committee, consisting of three members from each supervisor's district as above provided, who shall hold until the county convention convenes four years later, but a county executive committee can submit the choice of their successors to any primary e'ection held for other purposes, in which event the committee so chosen shall hold until next county convention as- sembles under the provisions of this section. Congressional, flo- torial. senatorial and all other district executive committees shall continue in office until after the returns are received and acted upon for the next succeeding congressional or district election, af- ter which their successors are to be appointed by the various county executive committees composing such districts. All the present executive committees now acting shall -continue until their suc- cessors are chosen, as herein provided. All vacancies in state and county executive committees shall be filled by such committees them- selves and from the district in which the vacancies occur. All other vacancies are to be filled by the new executive committeemen, appointed by the county executive committees of the counties which made the original appointments. Executive committees for con- gressional, judicial, senatorial and flotorial districts having none, may be appointed by the various executive committees of the coun- ties composing such districts. In any new county hereinafter created the members of the executive committee or committees for the county or counties from which the new county is taKeii wno are resident citizens of the new county at the time it is created shall constitute tho first executive committee for the new county until their successor? are selected in the manner provided by law, and they may fill any vacancy on the committee. 3700. Datos of primaries; what required to make nominations;, second primary in certain cases. The first primary shall not bg held earlier than the first day nor later than the tenth day of Au- gust, preceding any regular election, on a date to be fixed by the state executive committee; and the second primary shall be held three weeks after the first primary; but the first primary election for congressmen shall be held not earlier than the 20th day of August, and net later than the first day of September on a date to be fixed by the respective congressional executive committees; and, when necessary, a second primary shall be held three weeks later. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby be- come the nominee of his party for such office; provided, also, it be a majority of all the votes cast for that office. If no candi- date receive such majority of popular votes in the first primary, then the two candidates who receive the highest popular vote foi such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be entitled to the nomination. When there is a tie in the first primary as to who receives the next highest vote, these two and the one receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination. 3701. Second primaries when two or more candidates for same office to he voted for. When two or more candidates for office of the same kind are to be voted for, if a second primary be necessary, then two candidates for each place to be filled by the second pri- mary shall be chosen from the candidates who led among those not nominated, for the nominations for such offices; provided, however, that there shall be no second primary, in any case, where any can- didate or candidates receive a majority of votes for such otflce. 3702. Commissioners to revise registration and poll hooks. On the third Monday of July prior to any regular election, and five days before any other election, the commissioners of election shall meet at the office of the registrar and carefully revise the regis- tration books and the poll books of the several election districts, and ahall erase therefrom the names of all persons erroneously thereoti, or who have died, removed or become disqualified as elec- tors foe any cause; and shall register the names of all persons who have duly applied to be registered, and have been illegally denied registration; and no name shall be permitted to remain on the poll books except such as are duly qualified to vote in the regular election. No person shall vote at such primary whose name is not on the poll book. At the meeting held under this section, the commissioners shall exercise all the functions authorized by sec- tions 4130 and 4142 of the code; and at the October meeting shall only attend to what has since occured in the way of disqualification or death of electors, or what was before overlooked. 3703. County poll hooks to be used; voters denied registration may vote. *The county poll books shall be used in primary elections, 6 and no person whose name does not appear upon the poll books shall be permitted to vote in a primary election; but if any person offering to vote in any primary election whose name does not appear upon the poll book shall make affidavit before one of the managers of election, in writing, that he is entitled to vote, or that he has been illegally denied registration, his vote may be prepared by him and handed to the proper election officer, who shall enclose the same in an envelope with the written affidavit of the voter and seal it and mark plainly upon it the name of the person offering to vote. And, in canvassing the returns of the election, the executive com- mittee shall examine the records and allow the ballot to be counted or not, as shall appear to be legal. 3704. Sample of ballot to be furnished. It shall be the duty of the state executive committee of each political party to furnish to each county executive committee a sample of the official ballot to be used in the primary, the general form of which shall be followed as nearly as practicable. In primary elections, in which state or district officers are voted for, the county executive /committee, three weeks before the date of the primary, shall give to the state and district executive committees the name and address of the county executive committeeman to whom remittances are to be made by state or district candidates, and the amount of such remittances. 3705. Executive committee to meet and canvass returns. The county executive committee shall meet on the first or second day after each primary election; shall receive and canvass the returns, which must be made within the time fixed by law for returns of general elections and declare the result, announce the name of the nominees for county and county district offices, and the names of those candidates to be submitted to the second primary. The vote for state and district offices shall be tabulated by precincts and certified to and returned to the respective executive committees having charge of district nominations and to the state executive committee those returns relating to state offices, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six hours after the returns are canvassed and the re- sult ascertained. The state and district excutive committees shall meet a week from the day following the first primary election held for state and district offices, and shall proceed to canvass the re- turns, and to declare the result, and announce the names of those nominated for the different offices in the first primary, and the names of those candidates whose names are to be submitted to the second primary election. State and district executive committees shall also meet a week from the day on which the second primary election held and receive and canvass the returns for state and dis- trict offices, if any, voted on in such second primary. 3706. Equal representation on executive committee. The coun- ties composing senatorial and flotorial districts shall have equal representation on the executive committees for such districts, and may submit the nomination of senator or floater to the county alone entitled to the nominee. 3707. How precinct officers to be appointed; bow same selected; each candidate to be represented. The county executive committee shall meet two weeks to a day before the date of any primary elec- tion and appoint the managers for same; and in making such ap- pointments the managers shall be distributed, as far as practicable, between the supporters of the candidates for those offices about which there are the leading contests, and if there be doubt as to which are the leading contested ones, then among the supporters of the candidates competing for the highest offices. The refusal to make in good faith such distribution of precinct officers among the different competing candidates, when practicable, shall be a mis- demeanor, and punishable as such; provided, that such meeting may be held one week before any special election; provided, that if they fail to meet on the day named, further notice shall be given of the time and place of meeting. 3708. (3268) Clerks of election. The managers of election shall appoint two clerks, and the managers and clerks shall be sworn by some officer present, competent to administer oaths, or each may be sworn by one of the others, faithfully to perform their duties at the election according to law, and not to attempt to guide, aid, direct or influence any voter in the exercise of his right to vote, except as expressly hereinafter allowed. 3709. Blank returns, stationery, etc., to be furnished. The coun- ty executive committee shall furnish to the managers at each voting place a sufficient quantity of stationery for use in holding the election, and also blank forms to be used in making the returns of the election. The poll books prepared for the general election shall be used in the primary election. 3710. Ballots; how printed and what to contain. The county executive committee shall have printed all necessary ballots, for use in primary elections. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. The arrangement of the names of the candidates, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the descretion of the county executive committee. No ballot shall be used except those so printed. 3711. When printed ballots are lost or stolen. When for any cause the printed ballots prepared by the election commissioners have been lost or stolen, or for any cause the managers of the election fail to obtain the printed ballots, then the electors shall be permitted to write out their ballots, and the same shall be as legal as if they were printed, and shall be counted for the parties voted for. 3712. Ballot boxes. The ballot boxes provided by the regular commissioners of election in each county shall be used in primary elections, and the county executive committee shall distribute them to tbe election districts of the county before the time for opening the polls. If an adjournment shall take place after the polls are open and before all votes are counted, the ballot box shall be se- curely locked so as to prevent the admission into it or the taking cf anything from it during the time of adjournment; and the box shall be kept by one of the managers, and the key by another of tho commissioners, and the manager having the box shall carefully keep it, and neither undertake to open it himself or permit it to be done, or to permit any person to have access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are open until the count is completed if as many as three electors qualified to vote at the election object. After each election, the ballot boxes, if those pro- vided by the regular commissioner of election shall be delivered, with the keys thereof, to the clerk of the circuit court of the coun- ty. 3713. Dates for holding primaries to fill vacancies. That nom- inations for candidates to fill vacancies in county or county dis- trict offices, shall be made upon dates to be fixed by the county executive committee for county or county district offices. The first and second primaries shall be held on the dates to be fixed by such executive committees, which committees shall also fix the dates when the returns are to be made of the results of such pri- maries. If there is not sufficient time, after the election is or- dered, for the holding of second primary to fill such vacancies, on account of the nearness of the election, from the date at which it is ordered, the executive committee having such nomination in charge, may submit the result to the first primary election, the nomination going to the candidate receiving the highest popular vpte. Such special primary election shall be conducted, as far as applicable, under the laws governing other primary elections. 3714. Candidates may agree to plurality election. If all the can- didates for election as nominees for legislative, county or any county district office shall sign a written agreement to that effect, and file it with the county executive committee, the candidate receiving the pluraliy of the votes cast shall be declared the nominee. 3715. Names of candidates to be furnished to the executive com- mittees. Fifteen days before any primary election the names of all candidates to be voted for in such election shall be furnished to the proper executive committee. Where there shall be but one candi- date the proper executive committee, when the time has expired within which the names of candidates shall be so furnished, shall declare such candidate the nominee. 3716. Candidates may be present at the polling places. Each candidate shall have the right, either in person or by representa- tive to be named by him, to be present at the polling place, and the managers shall provide him or his representative with a suitable position from which he or his representative may be able to care- fully inspect the manner in which the election is held. He or his representative shall be allowed to challenge the qualifications of any person offering to vote, and his challenge shall be considered and acced upon by the managers. 3717. Who are eligible to participate in primaries; person offering to vote may be challenged. [No person shall be eligible to partici- pate in any primary election unless he be qualified to vote in the election for which such nomination is to be made, intends to sup- port, the nominations in which he participates, has been in accord with the party holding such primary within the two preceding years, 9 and is not excluded from such primary by any regulation of the state executive committee of the party holding such primary. Any member of the party holding the primary, or any primary election officer, may challenge any person offering to vote, and cause him to answer, under oath, questions relating to his qualifications. Any election officer of the precinct may administer oath to such chal- lenged person; and false testimony given upon such inquiry shall be perjury and punishable as such; nor shall any elector be allowed to vote who has sold or offered to sell his vote or influence, di- rectly or indirectly, for the support or defeat of any candidate or m3i4ure voted on that year; nor any who that year has paid or offered to pay anything for another's vote or influence for or against any candidate or measure. 3718. Each political party to pay expenses of primaries; candi- dates to be assessed. Each political party shall defray all expenses incident to its primary elections, such expenses to be no charge on the state or county, but no political party shall pay out of any funds received wholly or in any part from its candidates anything for the personal services or time of its precinct officers or executive committees. The cost of printing ballots and transmitting ballot boxes and booths shall be fairly apportioned by the county executive committee, among all the candidates voted for in such primaries, county district candidates bearing their pro rata. The above ex- penses are the only expenses chargeable against candidates or ex- ecutive committees. No candidate for state or district offices shall be assessed more than are candidates for county offices. Within two weeks after the last primary, each county executive executive committee shall prepare and file with the circuit clerk of their re- spective counties an itemized acount, showing the expenses incurred in conducting such primary election and the amount received from each candidate, and shall refund to candidates each his pro rata of what remains, if anything, in excess of such expenditures; and fail- ure to perform any of the duties required by this section shall be a misdemeanor. 3719. Penalty for offering to sell vote or influence in primary elections. That it shall be unlawful for any person to sell or offer to sell his vote or influence, directly or indirectly, or to receive pay for his time or expense in canvassing to contribute to the success or defeat of any candidate or measure voted upon in the primary election; and it shall be likewise unlawful for any person to offer money or anything of value to any one for his vote or influence or for his services in canvassing for or against any candidate or measure voted upon in any primary election. Any one offending against this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or im- prisoned not more than six months, or both. Penalty for being intoxicated and for providing or dispens- ing intoxicants. That if any person shall be found intoxicated in or about any polling place during any primary election, he shall be deemed guilty of a misdemanor, and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or sentenced to imprisonment not more than ten days. It shall be the duty of every conservator of the peace to arrest any person guilty of this or any other offense against the primary laws, and to make 10 affidavit or have the same made and sent to the proper justice of the peace; and any person who shall dispense intoxicating liquors on any day for holding a primary election, or who shall treat any person to any intoxicating liquor, or shall place or cause to be placed any intoxicating liquor at any point where voters or other persons may have access to same upon such day, or who shall con- tribute to the purchase of or aid or assist in procuring any intoxi- cating liquors, which shall be used on such election day, shall be guilty of a misdemeanor and on conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be confined in the county jail not more than three months, or be punished by both such fine and imprisonment, at the discretion of the court; and if any candidate for office who is to be voted for at such primary election, shall violate the pro- visions of this section, he shall, in addition to the above penalty, be disqualified from holding the office for which he is a candi- date. 3721. Names of candidates not to be placed on tickets. That the name of any candidate shall not be placed upon the official ballot in general or special elections, as a party nominee, who is not nom- inated, as herein provided, and the election of any party nominee who shall be nominated otherwise than as herein provided shall be void and he shall not be entitled to hold the office to which he may have been elected. No political party shall be entitled to recog- nition, as such, in the appointment of the county or precinct election officers, unless it has made its nominations as herein provided. 3722. Nominations for the office of United States senator. Nom- inations for the office of United States senator shall be made at the primary election held throughout the state, next preceding the meeting of the legislature at which a United States senator is to be elected. The names of the candidates for such nominations shall be placed upon the ballots prepared by the county executive com- mittee. 3723. Railroad commissioners; how nominated. Candidates for the office of railroad commissioner shall be voted for by districts, which shall be the same as those from which railroad commission- ers are required to be elected. 3724. Tabulated vote to be furnished secretary of state. The chairmen of the state and congressional executive committees re- spectively, shall transmit to the secretary of state, a tabulated statement of the party vote cast in each couny in each state and congressional district election, which statement shall be filed by the secretary of state and preserved among the records of his of- fice. 3725. When epidemics exist, etc. Whenever epidemics may exist in the state, the state executive committee shall have the power to fix different dates from those herein prescribed, upon which the first and second primary elections shall be held. 3726. Municipal primary elections; how held. Nominations for all municipal offices which are elective shall be made at a primary election to be held at a time to be fixed by the municipal executive committee, which shall have as many members as there are legisla- 11 tive officers of the municipality. A primary election for the pur- pose of electing nominees to municipal offices, and of electing mem- bers of the municipal executive committee, shall be held in the year in which a general election is held. If after any municipal pri- mary election a second primary election should be necessary, it shall be held not later than seven days from the first election. The names of all candidates shall be furnished the municipal executive committee at least thirty days before a primary election. The. provisions of this chapter shall govern all municipal primary elec- tions, as far as applicable, but the officers to revise and prepare the poll books and ballots and the managers of elections shall be ap- pointed by and the returns of the election shall be made to the mu- nicipal executive committee. Vacancies in the executive committee shall be filled by it; provided, that this section shall not apply to municipalities with less than fifteen hundred inhabitants. 37'?7. Free transportation, telegraph or telephone service unlaw- ful. No common carrier, telegraph company or telephone company shall give to any candidate, or to any member of any political com- mittee, or to any person to be used to aid or promote the success or defeat of any candidate for election to be the nominee of his po- litical party for any public office, free transportation or telegraph or telephone service, as the case may be, or any reduction thereof that is not made alike to all other persons. All persons required by the provisions of this chapter to make and file statements shall make oath that they have not received or made use of, directly or indirectly, in connection with any candidacy for nomination to any public offica, free transportation or telegraph or telephone ser- vice. 3728. Placards; posters; pamphlets, etc. Every placard, bill, poster, pamphlet or other printed matter, having reference to the prim AY y election, or to any candidate, shall bear upon the face thereof the name and the address of the author, and of the printer and publisher thereof, and failure to so provide shall be a misde- meanor. 3729. Candidates not to promise appointments. No person shall, in order to aid or promote his own election to be the nominee of his party for a public office, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in securing the appointmnt, nomination or election of another person to a public position or employment, or to a position of honor, trust or emolument, except that he may announce or define what is his choice or purpose in relation to an election in which he may be called on to take part if elected. 3730. Candidates not to make donations for certain purposes. No person shall, directly or indirectly, demand, solicit, ask or invite from any person, who is a candidate for nomination, from any po- litical party, for any office, a donation, or promise of donation, for any educational, charitable, religious or benevolent purpose, out- side of the county of his residence; nor shall any such candidate make or promise any such donation. Any person violating know- ingly the provisions of this section shall be guilty of a misde- meanor. 12 LAWS OF MISSISSIPPI 1908. CHAPTER NO. 136. S. B. No. 295. An act providing for method of contesting a primary election. How Primary election may be contested on charge of fraud SECTION I. Be it enacted by the Legislature of the State of Mis- sissippi, That a person desiring to contest the election of another person returned as the nominee of the party to any district, county or beat office, may, within twenty days after the primary election, file a petition with the secretary, or any member, of the county ex- ecutive committee in the county in which fraud is alleged to have been perpetrated, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the excutive com- mittee to assemble by call of the chairman or three members of said committee, notice of which contest shall be served five days before said meeting, and after notifying all parties concerned, pro- ceed to investigate the allegations of fraud, and, by majority vote of members present, declare the true results of such primary. Chairman of state executive committee to issue his fiat to county chairman reciting charges, etc. SEC. 2. In State, congressional, judicial, senatorial and flotor- ial districts, upon complaint filed with the chairman of the respec- tive committees, by petition, reciting the allegations of fraud, and with the advice of two members of said committee, the chairman shall issue his fiat to the chairman of the county executive commit- tee, where fraud is alleged to have been committed, and in like manner as in county office, the committee shall investigate the complaint and return their findings to the chairman of the proper committee, which declare the candidate nominated, which the cor- rected returns show is entitled to the same. Committee empowered to subpoena witnesses. SEC. 3. For the proper enforcement of this act the committee has the power to subpoena and, if necessary, attach witnesses needed in said investigation. SEC. 4. That this Act shall take effect and be in force from and after its passage. Approved March 21, 1908. MISSISSIPPI CODE 1906. CHAPTER 119. REGISTRATION AND ELECTIONS. 4107. (3601) Board of election commissioners and registrar. There shall be a state board of election commissioners, to consist of the governor, the secretary of state, and the attorney-general, any two of whom may perform the duties required of the board; a board of election commissioners in each county, to consist of three discreet persons who are freeholders and electors in the county in 13 which they are to act, and who shall not all be of the same po- litical party, if such men of different political parties can be con- veniently had in the county; and a registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person, to register the names of the electors there- in. 4108. (3602) Appointment of county election commissioners. Two months before every general election of representatives in congress, and of electors of president and vice-president of the United States, the state board of election commissioners shall ap- point the commissioners of election for each coutny, who shall con- tinue in office for two years, unless removed, and until successors are appointed, one of whom shall be designated in his commission to have the official ballot printed and distributed. Each of the commissioners before acting, shall take and subscribe the oath of office prescribed by the constitution, and file the same in the of- fice of the clerk of the chancery court, there to remain. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such. 4109. (3603) Appointment of registrars (Acts 1900, ch. 75). The state board of election commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four years and until their successors shall be duly qualified.. And the registrar is empowered to appoint a deputy registrar, with the consent of the board of election commissioners, who may discharge the duties of the registrar. 4110. (3604) Election districts. Each county shall be divided into election districts, which shall be the same as those for the election of members of the board of supervisors, or a subdivision thereof; and there shall be only one voting place in each election district, but the election districts and voting places as now fixed in each county shall remain until altered. 4111. (3605) When districts changed, books to be conformed. The board of supervisors shall have the power to alter the boun- daries of the election districts; and if they order a change in the boundaries, they shall notify the commissioners of election, who shall at once cause the registration books of election districts af- fected thereby to be so changed as to conform to the change of dis- tricts, and to contain only the names of the qualified electors in the election districts as made by the change of boundaries. The commissioners of election, under previous statutes, alone had power to change the election districts, and the change of the boundaries of the supervi- sor's district did not alter the election district. Perkina y. Caraway, 59 Miss., 222. 4112. (3606) Boards of supervisors to define districts: The board of supervisors shall cause an entry to be made on the min- utes of the board at some meeting, as early as convenient, defin- ing by metes and bounds the several election districts in the coun- ty, and designating the voting place in each district; and as soon as practicable after any alteration shall have been made in any election district, or any voting place changed, shall cause such al- teration or change to be entered on the minutes of the board in such manner as to be easily understood; but no alteration of any elec- tion district shall be made within six months before an election to be held in the district. 14 4113. (3607) Form of registration books. The registration books are to be in the following form: They shall have printed at the top of the pages the oath prescribed by section two hundred and forty-two of the constitution, and beneath shall be ruled appro- priate columns, the headings of which shall be printed respectively as follows, viz.: Date of registration; names of electors; age; color; occupation; where business carried on; if employed, by whom; place of residence in the district; what oath does elector take? if more than one person of same name in district, by what appellation does elector wish to be called? does the elector read, or does he understand when read to him or give a reasonable in- terpretation? signature of elector; remarks. In the column head- ed "what oath does the elector take?" the registrar shall write the word "general," if the elector take the general oath prescribed, the word "minister's" if he take the oath as modified by the paren- thetical sentence therein, and the words "special as to age," if the elector will, as provided in section two hundred and fifty-one of the constitution, become of age before the election next after he proposes to register; and in the column headed, "does the elector read?" etc., if he do read, the word "reads" shall be entereu, ana if he do not read, but understands the constitution when read to him, or gives a reasonable interpretation thereof when read to him, the word "understands" shall be entered. 4114. (3608) Form of poll book. The poll book of each election district shall have printed or written at the top of each page words to designate the election district for which it is to be used, and shall be ruled in appropriate columns, with printed or written head- ings as follows: Date of registration; name of electors; age; color; and a number of blank columns for the dates of elections. All who register within four months before any regular election shall be entered on the poll books immediately after such exaction, and not before, so that the poll books will show only the names of those qualified to vote at such election. When election com- missioners determine that any elector is disqualified from voting, by reason of being delinquent for poll tax, removal from the pre- cinct, or other cause, that fact shall be noted on the registration book and his name shall be erased from the poll book. After dis- qualification for delinquency has been removed in subsequent years, the name of such elector shall be reinstated on the poll book with- out re-registration, and that fact shall be noted in the registration book. 4115. (3609) Poll books; how used at elections. At each elec- tion the managers shall cause one of the clerks to write the word "voted," in the column having at its head the date of the election, opposite the name of each elector as he votes. 4116. (3610) Registrar to keep registration and pool boo*s. * The registration books of the several election districts of each coun- ty and the poll books heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and poll books hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the poll books shall be speedily returned to the office of the registrar. 4117. (3611) Registrar to register voters. The registrar shall register on the registration book of the election district of the resi- 15 dence of such person any one appearing before him, and being, upon exaamination, by him adjudged entitled to be registered as an elec- tor, upon such person taking and subscribing the oath required by section two hundred and forty-two of the constitution; but persons who may be entitled to register under the provisions of section two hundred and fifty-one of the constitution, who would be otherwise disqualified by reason of age, may take the oath as modified by that circumstance, and the subscription of the oath shall be by the elector writing his name or making his mark in the proper column in the registration book. 4118. (3612) No person to vote who has not paid taxes (Laws 1894, ch. 51). A person shall not be entitled to vote at any elec- tion who has not been duly registered four months before offering to vote, and who has not paid all taxes which have been legally required of him, and which he has had an opportunity of paying according to law, for the two preceding years, on or before the first day of February of the year in which he offers to vote. 4119. (3613) Person not to register unless he can read, etc. A person shall not be registered unless he be able to read any section of the constitution, or, in case he cannot read, unless he be able to understand any section thereof when read to him, or to give a rea- sonable interpretation thereof. 4120. (3614) Person convicted of certain crimes not to be reg- istered. JA person who has been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, per- jury, forgery, embezzlement, or bigamy, shall not be registered, or if registred, the name of such person shall be erased from the regis- tration book on which it may be found by the registrar or by the election commissioners. Whenever any person shall be convicted in the circuit court of his county of any of said crimes, tht; reg- istrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of said crimes in any other court of any county, the presiding judge thereof, or the justice of the peace, shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of such person from the registration book, and file said certificate as a record of his office. 4121. Clerks of circuit court to prepare and maintain list of! convicts (Laws 1898, ch. 62). It shall be the duty of the clerk of the circuit court of each county to prepare and keep in his office a full and complete list, in alphabetical order, of all persons con- victed of either or any of the crimes following, to-wit: Bribery, burglary, theft, arson, obtaining money or goods under false pre- tenses, perjury, forgery, embezzlement or bigamy. He shall enter the names of all persons who have been or shall hereafter be con- victed of the above named crimes in the circuit court of his coun- ty, also the names of all persons officially reported to him by any justice of the peace, ex-officio justice or mayor of any village, town, or city of his county in a book prepared and kept for that purpose, which book shall be furnished the said clerk by the board of super- visors, and it shall be properly ruled with spacings showing the names, court, crime and date of conviction. He shall receive ten cents for enrolling each name, to be paid out of the county treasury on the order of the board of supervisors. 16 4122. (3615) When and where registration made; notice (Laws 1894, ch. 51). The registrar shall keep his books open at his of- fice, and shall register the electors of his county at any time but in the year of every general election, and not less than four months before said election the registrar shall visit and spend one whole day at each voting precinct in his county, for the purpose of reg- istering voters, after having given notice by publication for three consecutive weeks of the times and places of such visits. The reg- istration books shall not be removed from the registrar's office, ex- cept as herein provided. Section 251 of the constitution of 1890 and this section have reference to elect- ions contemplated by the constitution and not to local option elections held un- der section 1610 of the code of 1892 (code 1906, sec. 1777), and the fact that such an election has been ordered does not interfere with the registration of voters. Bew v. State, 71 Miss., 1 (13 So., 868. 4123. (3616) Penalty for illegally procuring registration. Any person who shall knowingly procure his registration as a qualified elector when he is not entitled to be registered, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be fined not ex- ceeding one hundred dollars or imprisoned in the county jail not exceeding one year, or both. The same penalty shall apply t^o any- one who is disqualified for any cause and shall re-register before removal of such disqualification to avoid the same, and to all who shall in any way aid in such false registration. (See Sec. 1120, 4175, 4176.) 4124. (3617) False entry and alteration of books punished. Any false entry on any registration book, or poll book, made knowingly, and any unauthorized erasure or alteration therein, shall be pun- ished as provided for the alteration of any other public record. (See Sec. 1035 ) 4125. (3618) New books procured when necessary. When the registration books shall be filled, the board of supervisors of the county shall procure others, to be kept and used as herein direct- ed, or they may cause the books in use at any time to be enlarged so as to contain the names of all persons who may be registered; and the board of supervisors shall cause new poll books to be made from time to time as may be -necessary or proper; and in case of the destruction or mutilation of the registration books or poll books, so as to make it proper to have the names of the electors on the old books transcribed into new ones, the board shall cause it to be done, and the new books so made shall have the same effect as the old ones. (See Sec. 3184.) 4126. (3619) New registration when books lost or destroyed. Should the registration books of any county be lost or destroyed, the board of supervisors may adjudge the fact, and direct a new registration of the voters to be made; and the registrar being so directed, shall make a new registration, as herein provided, of the qualified electors of his county on new books to be provided by the board. 4127. 3620) New registration in case of confusion. -If at any time the registration books of the county be adjudged by the board of supervisors to be in such confusion that a new registration is nec- essary to determine correctly the names of the qualified electors 17 and the election district of each, the board may order a new reg- istration of voters to be made in like manner as in case of the ]oss or destruction of the books. 4128. (3621) Books lost within four months of election. If the poll book of any election district be lost or destroyed within four months of a general election, and the registration book be also lost or destroyed, the board of supervisors shall adjudge the fact of such loss or destruction, and certify the same to the election com- missioners, who shall at once give such notice as time will allow for the electors to meet them at the polling place, and shall, according to the notice, visit the polling place with the registrar, and there, in conjunction with him and the electors who shall appear before them, make a poll book for the election district, .to contain the names of all electors, as far as possible, whom the proof shall show who registered four months before the date of the next election, and no others. When the commissioners have completed the poll book, they shall number the electors from one consecutively under each letter, and append to the book their certificate of the number of electors under each letter, and any alteration of such poll book shall be punished as provided for the alteration of a public record. The electors whose names appear on such poll book shall be entitled to vote at the succeeding election as they would if the books nad not been lost or destroyed. (See Sec. 1035.) 4129. (3622) The registrar's compensation. The registrar shall be entitled to such compensation, payable out of the county treasury, as the board of supervisors of the county may allow. 4130. (3623) Meetings of commissioners to hear appeals. The board of commissioners shall meet at the court-house of their coun- ty on the first Monday in October after appointment, and shall re- main in session from day to day, so long as business may require. Two commissioners shall constitute a quorum to do business; but the concurrence of at least two commissioners shall be ncessary in all cases for the rendition of a decision. The commissioners shall vpq r and determine all appeals from the decisions of the reg- istrar of their county, allowing or refusing the applications of elec- tors to be registered; and they shall correct illegal or improper registrations, and shall secure the elective franchise, as effected by registration, to those who may be illegally or improperly denied the same. Evidence is admissible to show the number of names remaining: on the reg- istration books of the county after all proper erasures, in a contest as to whether the removal of a county seat was carried at an election by the requisite majority of all the qualified voters of the county. Simpson Co. v. Buckley, 85 Miss. 713. 38 So. 104. 4131. (3624) Appeal by person denied registration. Any peison denied the right to register as a voter may appeal from the decision of the registrar to the board of election commissioners by filing with the registrar, on the same day of such denial or within five days thereafter, a written application for appeal. 4132. (3625) Appeal by other than person denied. Any elector of the county may likewise appeal from the decision of the registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the 18 grounds of the appeal; which notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of one dollar. 4133. (3626) Appeal heard de novo. All cases on appeals shall be heard by the boards of elction commissioners de novo, and oral evidence may be heard by them; and they are authorized to ad- minister oaths to witnesses before them,; and they have power to subpoena witnesses, and to compel their attendance; to send for per- sons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commission- ers in all cases shall be final as to questions of fact, but as to mat- ters of law they may be revised by the circuit and supreme courts. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the regis- tration books. 4134 (3627) Appeal from the decision of the commissioners. Any elector aggrieved by the decision of the commissioners, shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two days after the rendition of the decision, and may thereupon appeal to the cir- cuit court upon the execution of a bond, with two or more sufficient sureties to be approved by the commissioners, in the sum of one hundred dollars, payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs. 4135. (3628) Duty of commissioners in case of appeal to circuit court. It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals. 4136. (3629) Proceedings in the circuit court. Should the judg- ment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not. in any case, be adjudged against the commissioners or the registrar. 4137. (3630) Costs; compensation, etc.