33 Colo. 16 | Colo. | 1904
Proceedings were instituted in the district court of the third judicial district to prevent certain judges of election in specified precincts in Las Animas county from striking the names of registered voters from the registration lists. It was charged in the petition upon which the proceedings in the district court were based that the judges of election in the several precincts had conspired, confederated and agreed to strike from the registration lists in each of the election precincts the names of a large number of persons qualified and entitled to vote at the next ensuing election, and who had been theretofore duly registered. Prom such petition it also appears that the several judges named had theretofore convened as a board of registration as by law required, and at this meeting the persons whose names, it is alleged, will be stricken from the registration lists, were duly registered. On the filing of the petition a temporary restraining order was issued, by which the s'everal judges were restrained from striking from the registry lists of voters the names of the persons specifically set forth in the petition, as well as the names of any and all other persons whose names then appeared upon the registry lists of the several election precincts, until the further order of the court. The petitioners here then
In rural precincts the method of registration, as provided by law, is substantially as follows: The judges of election are required to meet on Tuesday, three weeks before the day upon which any general election shall be held, and make a list of names of all persons qualified and entitled to vote at the ensu
It is apparent from the provisions of law above referred to that when persons are vouched for, as specified, or take and subscribe the required oath which at the last meeting must be supplemented by the oath of two registered electors, their names' shall be placed upon the registration lists; that after these requirements' have been complied with, the judges have no authority to inquire whether the statements
It is not impossible that if the law should be construed to vest in the judges of election the power at their second meeting, which it is claimed on the part of counsel for petitioner they have the right to exercise, the representatives of the political party -on whose behalf this application is presented would find that on Tuesday next, in other precincts where a majority of the election judges are of the opposite political faith, the names of persons registered would be stricken from the lists, to their great detriment.. It was to prevent a possible exercise of such arbitrary power by judges of election whose actions might be influenced by political affiliations, that the law has wisely prescribed that, when certain formalities are complied with, names shall be placed on the registration lists. Persons whose names appear on such lists are prima facie entitled to vote, but they may be challenged when they offer to vote; so that ample provision is made to prevent those from voting who do not possess the necessary legal qualifications.
We conclude that the district court has jurisdiction to prevent the judges of election from striking from the registration lists the names of persons theretofore registered. Perhaps the -order originally entered was too broad, in that, literally construed, it would prevent the board from revising or correcting the first list. This order, however, does not oust the court of jurisdiction. We must assume that in making the final order it will be so worded that the judges will, not be inhibited from, revising and correcting the registration lists to the extent contemplated by section 110 of the election law.
Writ denied and proceeding dismissed.