135 Wis. 333 | Wis. | 1908
The court rejected the votes of Mr. Town-sley and Mr. Kailin, which the inspectors of election had received and counted in favor of the defendant. There is no dispute that they were qualified electors of such ward on election day and that they were not enrolled on the registry of electors for this election district. On election day they offered their ballots and respectively delivered their affidavits to the election officers, stating that they were residents of the ward, citizens of the United States (or that they had de-
The contention that the court erred in treating the allega
The claim made by defendant, that the affidavits presented to the inspectors by the electors were the only form of affidavit furnished and available to them on this occasion, and that they therefore had a right to rely on them as sufficient proof of their right to vote, cannot avail him under the requirements of the statute. Moreover, there is evidence tending to show that other forms of affidavits were at hand. But this is immaterial, since it devolves on the elector to present proper affidavits showing the facts which entitle him to vote. State ex rel. Cothren v. Lean, 9 Wis. 279, 284; State ex rel. Doerflinger v. Hilmantel, 21 Wis. 566; State ex rel. Wood v. Baker, 38 Wis. 71. Sec. 23, Stats. (1898), provides for registration of voters, and enacts that “no vote shall be received at any general election in any ward or election district within this section if the name of the person offering to vote be not on said registry as completed,” except as therein otherwise provided. Sec. 24 malms these provisions applicable to annual municipal elections in the specified cities, villages, and towns, unless otherwise declared by ordinance or resolution as therein provided. Any elector whose name is not on the registry may show by affidavit in the manner prescribed by sec. 61, Stats. (1898), that he is a qualified voter of the district at the time he offers his ballot. There is nothing in this regulation which deprives the elector of the right to vote at the time of the election. It is recognized as proper regula
“Tbe voter may assert bis right, if be will, by proof tbat be bas it; may vote, if be will, by reasonable compliance with tbe law. His right is unimpaired; and if be be disfranchised it is not by force of tbe statute, but by bis own voluntary refusal of proof that be is enfranchised by tbe constitution.”
These statutory requirements have been considered by tbis court, and it bas been held tbat they are not unreasonable and are consistent with tbe present right to vote as secured by tbe constitution.
Tbe argument is made that tbe statute is merely directory in requiring an elector to make proof in tbe manner therein prescribed tbat he is a qualified voter, and tbat, since Mr. Townsley and Mr. Kailin were in fact electors and residents of tbis district, their votes should not be rejected after having been received by the inspectors, although they failed to make proper proof of their qualifications. • Tbe language of tbe statute is in clear and positive terms to tbe effect tbat no vote shall be received if the name of tbe person offering to vote is not on tbe registry, unless be furnishes tbe proof required by tbe statute showing bis right to vote. Tbe terms of the statute clearly manifest a legislative intent tbat votes of persons offering their ballots shall not be received unless they establish their right to vote by being on tbe registry, or, if not registered, then by making proof before tbe inspectors of election as required by tbe statute. Tbe object of the statute is to prevent fraudulent voting by persons who assume tbe right when in fact they are not entitled it. We discover no good reason for departing from tbe decision of tbis court of an early clay wherein it was held tbat under tbe statute enacted for tbe protection of tbe elective franchise, declaring in imperative terms tbat tbe ballots of unregistered electors should not be received unless they made proof of their
By the Gourt. — Judgment affirmed.