A BILL

To amend section five of an act entitled "An act to continue, alter, and amend the charter of the city of Washington," approved May seventeen, eighteen hundred and forty-eight, and further to preserve the purity of elections and guard against the abuse of the elective franchise, by a registration of electors for the city of Washington, in the District of Columbia,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That every male citizen of the United States who shall have attained the age of twenty-one years, and shall have resided in the city of Washington one year immediately preceding the day of election, and shall be a resident of the ward in which he shall offer to vote, (except persons non compos mentis, vagrants, paupers, or persons who shall have been convicted of any infamous crime,) and shall have paid all school taxes properly assessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen, and board of common council, and assessor, and for every officer authorized to be elected at any election, under any act or acts to which this is amendatory or supplementary: Provided, That they shall take and subscribe the following oath, to wit: "I do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, council, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of, any office whatever, under any authority, or pretented [sic.] authority, in hostility to the United States; that I have not yielded or given voluntarily any support or approval to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto, nor by action, words, letters, conversation or otherwise, encouraged or aided any other person or persons to do so; and I do further swear, to the best of my knowledge and ability, I will support and defend the Constitution and government of the United States, and all laws and proclamations made in pursuance and by the authority thereof, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God."

Sec. 2. And be it further enacted, That there shall be, in the year one thousand eight hundred and sixty-four, a registration of the qualified electors of the city of Washington at the time and in the manner hereinafter provided. The aldermen, with the collector of taxes and register of the city, shall constitute a board of registration, and their duties shall be as follows: they shall provide suitable bound books, or registers, one for each ward, so made out and arranged as to contain an alphabetical list of the respective books, names, christian or baptismal, and surnames, in full, of all persons declared by this act to be electors and entitled to vote in the wards, and the date of the registration; and also his residence by the number of the dwelling and the name of the street, if any, and if none, a description of the locality of the same; and any member of said board may administer an oath or affirmation to the applicant, that he shall true answer make to all questions put to him touching his qualifications as an elector.

Sec. 3. And be it further enacted, That said board shall, at least two weeks previous to the time of their meeting, in each ward, cause to be published in one or more newspapers printed and published in the city of Washington, a notice that the board of registration will meet on the second Monday of May, in the year one thousand eight hundred and sixty-four, at nine o'clock in the forenoon, to make a perfect list, as near as may be, of all persons residing in such ward, qualified as electors by this act; and designating the place in each ward where said board will meet for that purpose. And they shall also cause handbills to be posted in at least twenty conspicuous places in each ward, containing a similar notice of the time and place of such meeting of the board for that ward, which notice shall also contain a true copy of section one of this act fixing and defining the qualifications for electors for the city of Washington. And the board may so divide and classify themselves that two or more of them may be assigned to different wards, the more speedily to complete the registration; and in case of the sickness or absence of any aldermen, or his inability or refusal to serve at the session, in any ward, the board shall in writing, under the hand of their chairman, immediately appoint the assessor of the ward, or any justice of the peace, to act in his stead, who shall be, for the purposes of registration in that ward, deemed a member of the board of registration. They shall continue in session not less than three nor more than five days in each ward. All necessary blanks and instructions to aid the board in the discharge of their duties, and all other expenses in performing the same, including the employment of printers, for printing such notices, and the registry lists, shall be provided by the board, and be paid for by the city.

Sec. 4. And be it further enacted, That at the time and place mentioned in such notice the board, or those members thereof so classified and assigned for that ward, shall meet and proceed to the registration in such book, which book shall be called the register of electors, for such ward, of the names of persons at the time residing in such ward, and so qualified as follows, to wit: Their sessions shall be public, and during the first two days thereof they shall not write in the register the name of any person without a request made by him personally, and in their presence, but shall allow him if able and willing to do so, to write his own name therein, in the proper place. In case of such request, the name of the elector shall be plainly written by a member of the board, who shall also note his residence, as required by section one of this act. After the first two days of the session, it shall be the duty of such board to proceed to complete the list by writing in such register the names of all the remaining residents of the ward known by them as such, and to be qualified as aforesaid with the proper description before mentioned; but they shall during their whole session permit any such qualified person residing in the ward, whose name has not already been entered in the register, to write it there himself. Opposite to every name on such register shall be noted by the board the day and year of its entry; and during such session, and all future sessions of the board, they may, for their better information in making the registration, have before them the poll-list of the next preceding general election, to be returned to the proper keeper at the close of the session, and all such entries shall be made with ink. The board at every session shall have power, and it shall be their duty to question every person presenting himself for registration touching his residence and other qualifications as an elector of the ward, and it shall be the duty of the applicant to make truthful answers to all such questions; and the board may, for the more perfect examination of the applicant, swear and employ an interpreter, truly and impartially to interpret all such questions and answers; and if the applicant shall, in his answers, make any material statement which is false, he shall, upon conviction thereof, pay a fine of not more than one hundred nor less than five dollars, and be imprisoned in the county jail not more than thirty nor less than five days.

Sec. 5. And be it further enacted, That the name of no person but an actual resident of the ward at the time of the registration, and entitled under this act, if remaining such resident, to vote at the next charter election, shall be entered in the register. Neither the board, nor any member thereof, shall write or enter in the register the name of any person, nor suffer him to write or enter his name therein, whom they know, or have good reason to believe, not to be such resident, and so qualified; nor shall any person, knowing or having good reason to believe himself not to be such resident, and so qualified, write his name therein, or cause it to be done, and every person so offending shall, upon conviction, be punished for each offence by a fine of not more than five hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than ninety nor less than ten days.

Sec. 6. And be it further enacted, That on the second Thursday, Friday, and Saturday next preceding every annual charter election, and during the two days (Sundays excepted) which precede any special election, after the year one thousand eight hundred and sixty-four, the board of registration of the city, to be constituted as aforesaid, shall be in session at such places in the several wards as they shall designate in their notices, to be published and posted up as hereinafter provided, from nine o'clock in the forenoon until five o'clock in the afternoon, for the purpose of completing the list of qualified voters, during which session it shall be the right of each and every person then actually residing in the ward, and who at the then next approaching election may be a qualified elector, and whose name is not already registered, to have his name entered in the register, which shall be done in the manner hereinbefore described; and such board, and each member thereof, and each applicant for registration, is hereby vested and charged with the same rights, powers, duties, and penal liabilities, touching the examination of applicants, as hereinbefore provided.

Sec. 7. And be it further enacted, That at least two weeks previous to the commencement of any such session, the board, at the expense of the city, shall cause a notice thereof to be printed and published in one or more newspapers published in the city of Washington, designating the place of holding the same; and shall also cause the same notice to be printed in handbill form and posted up in at least ten conspicuous places in each ward, which handbill shall also contain a true copy of the list of names then appearing in the register for the ward. And immediately after the close of the polls of such election, the clerk of the board of commissioners of that election, and before the counting of the votes, shall, under the direction and by the assistance of the commissioners, insert and write upon, or attach to such printed handbills, all the names of electors appearing on the register, and not on such handbills, so that such handbill, so corrected, shall be a true copy of the list then appearing in such register, and shall, with the commissioners, or a majority of them, certify and sign such copy, and file the same in the office of the clerk of the supreme court of the District of Columbia, who shall carefully keep and preserve the same; and the same shall be evidence, prima facie, of the original, and in the case of the loss or destruction of the original, the same, or a certified copy thereof, shall be used in its stead.

Sec. 8. And be it further enacted, That at the close of their sessions the board, or the members who made the registration in the particular ward, shall sign the list, adding the date of their signature, and shall immediately deposit the same, for safe-keeping, with the register of the city, who shall carefully preserve the same in his office until delivered as hereinafter provided.

Sec. 9. And be it further enacted, That at any such special or charter election in the city, and as soon at least as the poll in each ward is opened, the register of the city shall cause the proper registry lists to be placed in the hands of the commissioners of election, to be used by them during the same and returned to the register of the city immediately thereafter. And they shall not receive the vote of any person whose name is not written therein. But if any person shall offer and claim to vote at such election whose name is not so registered, his name may be registered by the clerk of election, under the direction of the commissioners, upon the same terms and conditions hereinafter prescribed for such cases; and both the applicant and the qualified elector shall be subject to the same penalties prescribed in cases so arising.

Sec. 10. And be it further enacted, That in case any person shall offer and claim the right to vote, whose name is not so registered, his name may then be registered by the clerk, under the direction of the commissioners, upon the terms and conditions following: One of the commissioners shall administer to him an oath in the following form, viz:

You do solemnly swear that you will true answers make to such questions as shall be asked you touching your qualifications as an elector at this poll, so help you God; or on affirmation, to the same effect, which oath or affirmation, if he be unable to understand the English language, may be interpreted to him by one of the commissioners, or an interpreter, sworn by a commissioner, which interpreter shall also interpret his answers to the commissioners. If, in his answers, on oath, he shall state positively that he has resided in the city one year next preceding the day of said election, designating particularly the place of his residence, and that he possesses the other qualifications of an elector, under this act, stating such qualifications; and shall, furthermore, swear that, owing to the sickness of bodily infirmity of himself, or some near relative, residing in the same household, (giving the name of said relative,) or owing to his absence from the city, on public or official business, or his own business, and without intent to avoid or delay his registration during the then last session of the board, he has been prevented from causing his name to be previously registered, and if, furthermore, some qualified elector of the city, and not a candidate for any office at that election, shall take an oath before said commissioners, which oath any of them may administer, that he is well acquainted with such applicant, that he is, in fact, resident in the city one year next previous to such election, and that he (qualified elector) has good reason to believe, and does believe, that all the statements of such applicant are true, the commissioners shall direct the clerk to register his name in the proper place with the proper date; and if such applicant or such qualified elector shall, in said matter, wilfully make any false statement, he shall be deemed guilty of perjury, and, on conviction, be subject to the pains and penalties thereof.

Sec. 11. And be it further enacted, That any person offering to vote at any election whose name is not written in the proper register may be objected to, and his vote challenged for that cause by any elector, present, and entitled to vote at that poll; and on such challenge being made the commissioners shall, if on inspection they find his name not so written in the proper register, refuse the vote. But nothing in this act contained shall be construed in any way to impair or affect the right of any commissioner or elector to challenge any person offering to vote, nor the effect of such, as now established by law, or as such right and such effect may hereafter be established: Provided, however, That the vote of no person shall be received whose name is not so registered.

Sec. 12. And be it further enacted, That any person knowing that his name is not so registered who shall vote, or offer to vote at any such election, and every commissioner knowing such name not to be so registered, wilfully and corruptly consenting to receive such vote shall, if the vote be received by reason of such consent be, for every such offence, upon conviction thereof made to pay a fine of not more than five hundred nor less than twenty-five dollars, and be imprisoned in the county jail not more than three months nor less than ten days; and on the trial of the person so voting, or offering to vote, the presumption shall be that he knew that his name was not so registered.

Sec. 13. And be it further enacted, That the name of no person shall be registered in any ward where he does not actually reside at the time of the registration. And every person who shall wilfully register, or cause or procure, by enticements, or any other means, the name of any person to be registered contrary to the provisions of this act, shall, upon conviction of any such offence, be also punished as above provided in section eleven of this act.

Sec. 14. And be it further enacted, That at every session of the board of registration of any ward, after the year one thousand eight hundred and sixty-four, it shall be their duty to review the list of names in their register, and if it shall come to their knowledge that any person whose name has been registered has died or has removed therefrom, and ceased to reside therein, they shall place the letter D against the name of the deceased person, and the letter R against the name of the person who has so removed, with the date of the entry and the initials of the name of the member making it, so as to show by whom and when made, and thereafter such name shall be considered and treated as no longer in the list, and shall be omitted in copies above provided for. But if it shall happen that such entry was erroneously made, and such person shall thereafter appear at any election and claim the right to vote thereat, his name shall, on his application, be again registered, but upon the following terms: he shall upon his oath or affirmation, which any member of the board of commissioners, or the board of registration may administer, declare that he has not removed from, but it still a resident of the ward, and is otherwise a qualified elector and entitled to vote. And on making such oath or affirmation his name shall be registered in the manner above described, either by the board of registration or the board of commissioners. And if such applicant shall swear or affirm falsely, he shall be liable to the pains and penalties of perjury. But in case such entry shall be made falsely, maliciously, and without credible information, the member of the board making it shall be deemed guilty of the misdemeanor and be punished as such, and the party aggrieved shall be entitled to recover of him, in an action on the case, treble damaged for the injury, and treble costs of suit in any court having jurisdiction of the case, and the record of the defendant's conviction of the criminal offence, duly authenticated, shall be prima facie evidence of his liability.

Sec. 15. And be it further enacted, That it shall be the duty of the register of the city, except during the session of the board or on days of election, on the demand of any qualified elector of the ward, on payment or tender of his legal fees, to make out, certify, and at his office deliver to such elector, a true copy of the contents of the register of election of such ward; for which he shall be entitled to receive at the rate of seventy-five cents for every one hundred names.

Sec. 16. And be it further enacted, That whoever shall wilfully cut, burn, mutilate, or destroy any such register of electors, or copy thereof filed for preservation, or shall unlawfully take and carry away the same, or unlawfully conceal or refuse, or neglect to surrender the same, with intents to prevent its being used as authorized by law, shall be deemed guilty of larceny; and whoever shall falsify any such register, or copy by unlawfully erasing or obliterating any name or entry lawfully made therein, or by unlawfully inserting therein any name, note or memorandum, with intent thereby to influence or affect the result of any election, or defraud any person of an election to office, shall be deemed guilty of forgery; and the person so offending shall, for every such offence, be punished by imprisonment in a penitentiary not more than five years, or by a fine not exceeding five hundred dollars, and imprisonment in the county jail not more than one year nor less than ninety days.

Sec. 17. And be it further enacted, That if any person falsely personating any qualified elector, whose name is registered, shall at any election vote, or offer to vote, in the name of such elector, of if any person shall knowingly encourage or persuade any such person to vote, or offer to vote, or if any person, assuming a false or fictitious name, shall vote, or offer to vote by that name, or shall enter, or cause to be entered, upon the register as his own a false name, the person so offending shall, for every shall offence, be punished as provided in section four of this act.

Sec. 18. And be it further enacted, That the supreme, circuit, or criminal courts of the District of Columbia, shall have cognizance and jurisdiction of all offences and questions arising under this act, (committed within the limits of the city of Washington,) and the offender may, in all cases, be proceeded against by information, as provided by the charter of said city, or any other statute applicable thereto.

Sec. 19. And be it further enacted, That any wilful violation of duty by any person charged with the execution of this act, or any provision thereof, not herein particularly provided for, shall be deemed a misdemeanor, and the person guilty thereof, shall be punished accordingly. And it is hereby made the duty of the courts named in the preceding section, in their charged to the grand juries, to call their special attention to the necessity of making diligent and careful inquiry touching offences arising under this act; and also the duty of the prosecuting attorney, whenever he shall receive credible information that any such offence has been committed, to cause the same to be prosecuted.

Sec. 20. And be it further enacted, That each member of the board of registration while acting under this act, shall be entitled to receive three dollars a day, for every day he shall actually serve in performing his duties, to be paid by the city.

Sec. 21. And be it further enacted, That each member of the board of registration shall before he enters upon the discharge of his duties under this act, make and subscribe the oath contained in section one of this act.

Sec. 22. And be it further enacted, That every register shall be of good paper, well bound, and arranged alphabetically in the following form as near as practicable:

[Editors’ note: The table can be viewed below as an additional description.]

This act shall take effect immediately.

Sec. 23. And be it further enacted, That any act or acts or parts of acts that may be inconsistent with the provisions of this act be, and the same are hereby, repealed.

• S. 114 (introduced on 1864-02-14 00:00:00 - CREATE_FROM - e899785) [This document] [view current proposal at this moment]
  • None (introduced on 1864-03-07 00:00:00 - REPORT_PROPOSAL - e899788) [view current proposal at this moment]