granted the right, power, and authority to give or donate to the county in which such dispensary is operated a part of the net revenues derived from the operation of such dispensary not exceeding forty per cent thereof, to be used by the governing body of such county in the improvement of the public roads of said county. Nothing in this section shall be so construed as to make it compulsory upon the said governing body of said towns and cities to make said gift or donation, or any part thereof, to said counties; but the purport, intent, and meaning of this section is merely to confer upon them the right, power, and authority to do so. ..6758-6766 .7423 DISPOSING OF MORTGAGED PROPERTY (Criminal Code) DISPOSITION OF FARM PRODUCTS (Criminal Code) DISTRIBUTIONS (Civil Code) DISTRICT OF COLUMBIA (Political Code) DISTRICTS (Chancery) (Civil Code) (Congressional) (Political Code) (School) (Political Code) .... ...6878, 6879 ....5450-5472 2361 .3754-3777 .3754-3777 7 .3042-3047 .99, 100 .1691-1696 Electors and Voters; Who Are and Who Are Not. CHAPTER 15. ELECTIONS. 290-511. ARTICLE 1. ELECTORS AND VOTERS; WHO ARE AND WHO ARE NOT. 290–297. ARTICLE 5. ARTICLE 7. WHAT OFFICERS ELECTED; TIME AND PLACE OF ELECTION. 331-338. PRECINCTS, POLLING PLACES, AND BOXES. 339–346. OFFICERS OF ELECTIONS, APPOINTMENT AND DUTIES OF. 347353. ELECTIONS, CONDUCT AND MANAGEMENT OF. 354-372. BALLOTS, FORM AND CHARACTER OF-NOMINEE MAY DECLINE. 373-380. ARTICLE 9. BALLOT OR TICKET, HOW FIXED OR VOTED CONDUCT OF ELEC ARTICLE 10. ARTICLE 11. ARTICLE 12. ARTICLE 13. ARTICLE 14. ARTICLE 15. ARTICLE 17. TIONS. 381-406. CHALLENGE OF VOTER. 407-411. SHERIFF MUST PRESERVE ORDER AT ELECTIONS. 412. COUNTING OF VOTES BY INSPECTORS. 413-419. CANVASSING RETURNS OF ELECTIONS FOR COUNTY. 420, 421. CANVASS OF RETURNS AND DECLARATION OF RESULT FOR STATE ELECTIONS ON AMENDMENTS TO THE CONSTITUTION. 436-438. ARTICLE 19. SPECIAL ELECTIONS. 439-445. ARTICLE 20. ARTICLE 21. ARTICLE 23. ARTICLE 24. Note. ELECTORS FOR PRESIDENT AND VICE-PRESIDENT; REPRESENTA- ELECTIONS IN NEW COUNTIES. 452-454. CONTESTING ELECTIONS; PROVISIONS COMMON TO ALL CONTESTS. CONTESTING ELECTIONS OF MEMBERS OF THE LEGISLATURE, CONTESTING ELECTIONS OF STATE OFFICERS. 478-491. Elections as to County Bonds, §§ 158-174. Oct. 9, 1903, p. 438, § 1. ARTICLE 1. ELECTORS AND VOTERS; WHO ARE AND WHO ARE NOT. 290-297. SECTION. 290. Qualification of elector to 291. Foreigners; right to vote. 293. Disqualification of elector to SECTION. 294. Pardon restores citizenship and 295. Residence not acquired or lost 297. Liners between counties or 290. (1556) (319) (224) Qualification of elector to vote.Every male citizen of this state who is a citizen of the United States, and every male resident of foreign birth, who, before the ratification of the present constitution of the state, shall Electors and Voters; Who Are and Who Are Not. have legally declared his intention to become a citizen of the United States, twenty-one years old or upwards, not laboring under any of the disabilities named in section 293 (1557) of this code, and who shall have resided in this state at least two years, in the county one year, and in the precinct or ward three months, immediately preceding the election at which he offers to vote, and who shall have been duly registered as an elector, and shall have paid, on or before the first day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the year 1901, and for each subsequent year, shall be an elector, and shall be entitled to vote at any election by the people. Origin and history of statute.-Toulmin's Digest, pp. 266–288. (Aikin's Digest, pp. 138–147, §1; Mar. 6, 1876, p. 103, § 1; amended Feb. 9, 1877, p. 123, § 1.) As to the qualifications of railroad employes as electors who move about from place to place working upon railroads, see Black v. Pate, 136 Ala. 601 (34 So. 844); s. c., 130 Ala. 514 (30 So. 434). Incompetency may be shown by circumstantial evidence.-Black v. Pate, 130 Ala. 514 (30 So. 434). Power of legislature to establish and locate courthouse sites, election laws for regulating elections thereunder.-State v. Crook, 126 Ala. 600 (28 So. 745). Provision for county superintendent of education holding office until successor is qualified does not prolong term of office beyond reasonable time.State v. Thompson, 142 Ala. 98 (38 So. 679). Not rendered local under § 106 and § 110 of the Constitution because it did not apply to all county officers. This election law did not change the term of any incumbent in office.-State v. Thompson, 142 Ala. 98 (38 So. 679); Prowell v. Hasty, 142 Ala. 80 (39 So. 164). Held not to repeal local laws for certain counties which provided for the election of county officers.-Tyson v. Houghton, 142 Ala. 90 (38 So. 761). The general election law in connection with § 155 of the Constitution as to the election of probate judges and time of holding office held not to postpone commencement of the term of office of the probate judge elected in November, 1904.-Prowell v. Hasty, 142 Ala. 80 (39 So. 164). See Mayfield's Digest, vol. 3, p. 153; vol. 5, p. 314. 438, § 1. 291. Foreigners, right to vote.-All foreigners, who shall oct e, have legally declared their intention to become citizens of the 1903, p. United States shall, if they fail to become citizens thereof at the time they are entitled to become such, cease to have the right to vote until they become such citizens. 292. Elector changing precinct or ward.-Any elector who, ь. within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town or city, shall have the right to vote in the precinct from which he has so removed, if he would have been entitled to vote at such precinct but for such removal. (r.c.c.) 293. (1557) (320) Disqualifications of elector to vote. Ib., § 2. The following persons shall be disqualified both from registering and voting: All idiots and insane persons; those who were by reason of conviction of crime disqualified from voting at the time of the ratification of the constitution on November 28, Oct. 9, 1903, p. 438, § 2; $124. Oct. 9, 1903, p. Electors and Voters; Who Are and Who Are Not. 1901; those who have been since November 28, 1901, or who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, receiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprisonment in the penitentiary, or of any infamous crime or crimes involving moral turpitude; also any person who has been since November 28, 1901, or who shall be convicted as a vagrant or tramp, or of selling or offering to sell his vote, or the vote of another; or of buying or offering to buy the vote of another, or of making or offering to make false return in any election by the people, or in any primary election to procure the nomination or election of any person to any office, or of suborning any witness or registrar to secure the registration of any person as an elector. (Clay's Digest, p. 169, § 2; Dec. 14, 1894, p. 204.) Conviction of larceny and of receiving stolen goods.-Gandy v. State, 86 Ala. 20 (5 So. 420); s. c., 82 Ala. 61 (2 So. 465); Anderson v. State, 72 Ala. 187. Applies to local elections. Ib. Election franchise, nature of; a privilege and not a right; constitution and statutes not ex post facto.--Washington v. State, 75 Ala. 582. 294. Pardon restores citizenship and right to vote.-Any person who is disqualified from voting by reason of conviction of Constitu- any of the offenses mentioned in section 293 (1557) of this tion,1901, code, except treason, whether the conviction was had in a state or federal court, and who has been pardoned, may be restored to his citizenship with right to vote by the governor, approved by the board of pardons and specially expressed in the pardon. 295. (1558) (321) (226) Residence not acquired or lost by temporary absence.-No person shall lose or acquire a resiConstitu- dence either by temporary absence from his place of residence tion 1991. without the intention of remaining, or by being a student of an institution of learning, or by navigating any of the waters of this state, the United States, or the high seas, without having acquired any other lawful residence, or by being absent from his place of residence in the civil or military service of the state, or the United States; neither shall any soldier, sailor, or marine, in the military or naval service of the United States, acquire a residence by being stationed in this state. 438, § 3; § 31. Oct. 9, 1903, p. 438, § 4. (Mar. 6. 1876, p. 103, § 1; as amended, Feb. 9, 1877, p. 123, § 2.) 296. (1559) Residence in two or more counties; right to select. When the place of residence of any person is located partly in two or more counties or precincts, such persons may select the county or precinct of his residence, and to that end Elector Privileged From Arrest. may file a statement in writing in the office of the judge of probate of the county selected, setting forth the locality of his residence and the lines passing through the same, together with the county or precinct selected for residence, which statement, when filed and recorded, shall establish the residence of the person filing it in the county or precinct of his selection. (Feb. 1, 1895, p. 346.) Person residing on line between two counties.Danforth v. Nabors, 120 Ala. 430 (24 So. 891). Oct. 9, 438, § 4. 297. Liners between counties or precincts.-Any person who 1908, p. may be declared to be a liner between counties or precincts, and shall have fixed his citizenship according to law and that may be hereafter provided in such cases, shall be construed a citizen and elector of the county or precinct in which he so fixes his citizenship, for all the purposes of this chapter. Origin and history of statute.-Toulmin's Digest, pp. 266–288. (Feb. 21, 1893, p. 837, § 1.) SECTION. ARTICLE 2. ELECTOR PRIVILEGED FROM ARREST. 298, 299. SECTION. 298. Arrest of electors denied dur- 299. Liquor not sold or given away at election. 1903, p. 438, § 94; cons. 1901, § 192. 298. (1634) (378) (282) Arrest of electors denied during Oct. 9, and while returning from election.-An elector must not be arrested during his attendance at elections, or while going to or returning therefrom, except for treason, felony, or breach of the peace, or for a violation on that day of any of the provisions of the election law. For such breach of the peace the sheriff or his deputy may arrest without process and commit to jail until the offender shall give bond with good and sufficient surety, to be approved by the sheriff, for his appearance at the next term of the circuit or city court to answer any indictment which may be found against him. (Mar. 3, 1875, p. 76, § 98.) 299. (1636) (380) (284) Liquor not sold or given away at election. No person shall sell, give away, or otherwise dispose of any spirituous, vinous, or malt liquors, of any kind or description, during the day on which any election may be held, or on the preceding day. (Mar. 3, 1875, p. 76, § 99.) Oct. 9, 1903, p. 438, § 95. |