R. S. 3220-Act 199, 1898

[Precinct Certificate Book for Orleans-Stubs Must Be Signed by Applicant.]

SEC. 10. Be it further enacted, etc., That the precinct certificate stub book in the parish of Orleans shall contain certificates of registration, which shall be numbered, the name of the applicant for registration shall be written on the stub thereof by the clerk or Supervisor of Registration; the certificate of registration shall have printed thereon. the number of the certificate, to correspond with the stub. The number of the ward and precinct shall also be printed on the certificate of registration, which the applicant will sign, and if unable to sign shall affix his mark, and the clerk or Supervisor of Registration issuing said. certificate shall affix his signature to the same.

[Duplicate Certificates, Where Original Lost-Oath Required.]

SEC. 11. Be it further enacted, etc., That duplicate certificates of registration shall be issued to persons whose original certificates have been lost or destroyed, provided the name of the person applying for such duplicate precinct certificate is found on the register, and same has not been cancelled for any cause, after he shall have subscribed to the following oath: "I do solemnly swear or affirm that I have been duly registered, and my original certificate of registration has been lost or destroyed, so help me God."

Said oath shall be printed on the back of said duplicate certificate of registration. The duplicate shall bear the same number as the original, and in other respects shall be the same, except that they shall be printed on paper of different color, the word "Duplicate" shall be printed thereon; the clerk or Supervisor of Registration issuing the same shall mark the letter "D" in red ink to the left of the original number on the Precinct Register. He shall also mark the letter "D" on the original stub in red ink.

[Lists of Convicts, Insane and Deceased Persons Must Be Furnished to Supervisor for Orleans by Certain Officers-Penalty for Failure.] SEC. 12. Be it further enacted, etc., That it shall be the duty of the criminal sheriff of the parish of Orleans to furnish the Supervisor of Registration, on or before the fifth day of each month, a list, under oath, of the name, age and residence of all male persons who have been committed to prison, as convicts, during the preceding month. It shall be the duty of the keepers of the Insane Asylum to do the same in regard to all persons committed to said asylum. It shall be the duty of the Board of Health to deliver on or before the fifth day of each month, to the Supervisor of Registration, the list of the names, age and residence of all males over twenty-one (21) years of age who have died in the parish of Orleans during the period of the preceding month; and in the event of any such criminal sheriff, president of the Board of Health, or keepers of any insane asylum, failing or neglecting to per

R. S. 3220-Act 199, 1898 form the duties required under this section, he or they shall be liable to a fine of twenty-five ($25) dollars for each omission or failure to comply with the provisions of this section to be recovered before any court of competent jurisdiction, and said fines shall accrue to the Charity Hospital in said parish; and it shall be the duty of the Supervisor of Registration to prosecute such officers as aforesaid so offending. The Supervisor of Registration shall cancel and erase from the books the names of all such persons so reported as may have been registered, and said supervisor shall also keep a book or books for reference of all the reports so made to him under the provisions of this section, and all erasures by him made and based upon the aforesaid reports, and for any violation of this section by the Supervisor of Registration he shall, upon conviction, be fined one thousand ($1,000) dollars for the benefit of the Charity Hospital.

[Fraudulent Registration in Orleans-Duty of Supervisor When Informed.] SEC. 13. Be it further enacted, etc., That it shall be the duty of the Supervisor of Registration for the parish of Orleans, during the regis tration, or at any other time, upon the affidavit of any two (2) bona fide citizens who have been appointed by any political party or nominating body, or other political organization, and who have been duly sworn to perform their duty as canvassers, and who make affidavit before him (the Supervisor) that certain names are fraudulently and illegally registered, and should be erased, to cause within two (2) days thereafter said names to be published for three (3) consecutive days and erased in the same manner as designated in Section 14 of this act; and in case of the failure of the Supervisor to publish the same, the person making such affidavit may, by motion returnable on the third day after service, excluding Sundays and legal holidays, appeal to the Civil District Court without cost, and cause the said Supervisor of Registration to show why said names should not be published as herein provided, and the same shall be tried in a summary way.

After such names have been published and erased as herein provided, the persons whose names have been so erased shall not be permitted to vote except upon a new certificate of registration properly issued.

[Same Subject-When Supervisor, etc., Has Reason to Believe Registra tion Fraudulent.]

SEC. 14. Be it further enacted, etc., That whenever the Supervisor or Clerk of Registration has reason to believe that any name or names upon the books of registration are illegally or fraudulently placed thereon, he shall publish such names in the official journal in the city of New Orleans for three (3) consecutive days at the expense of said city; and the Registrar of Voters and Clerks of Registration shall

R. S. 3220-Act 199, 1898

cancel such names without publishing the same; and unless the parties whose names have been published in the parish of Orleans prove their identity or right to be registered by the affidavit of two (2) bona fide citizens within five (5) days after the first publication, the Supervisor of Registration in the parish of Orleans will cause said name or names to be erased from the books of registration, noting the reasons therefor in the column of remarks on the precinct register; provided, any person who has attempted to prove his identity or his rights to be registered, and has been erased, shall have power to appeal to any court in said parish, without cost, enjoining the Supervisor or clerks to reinstate his name, and from the decision of the court either party shall have the right to appeal to the Supreme Court without bond or cost, and said appeal shall be tried in a summary manner and by pref

erence.

[Removal of Voters From One Election Precinct, etc., to Another-Entry Thereof on Books, How Made.]

SEC. 15. Be it further enacted, etc., That any voter moving from one election precinct in a parish to another precinct, ward or subdivision of said parish, shall have the right on making affidavit of such removal before the Assessor, Supervisor or Clerk, to have the entry on the books of registration changed so as to correspond with the new residence, and no Assessor, Supervisor or Clerk of Registration shall be allowed to charge any voter any fee for making such change, or for any other matter or things required by this act to be changed, and any Assessor, Supervisor or Clerk who shall violate this provision shall, on conviction, be punished by fine or imprisonment, at the discretion of the court.

[Erasure of Names of Persons Removed, Deceased, Insane or Convicted.] SEC. 16. Be it further enacted, etc., That the Supervisor of Registration, and Clerks, and Assessors, or Registrar, throughout the State, shall cancel and erase names from the books of registration in the following cases, to-wit: When they know of the death or removal of the person registered; where the insanity of a person registered is legally established; upon the production of a certified copy of a judgment of a felony, in full force against the person registered, or upon reliable information of such conviction, upon the production of a certified copy of a judgment directing the cancellation to be made; upon the certificate of canvassers appointed by law, and upon lawful grounds, but not otherwise.

[Electors May Proceed in Court Where Registration Refused.]

SEC. 17. Be it further enacted, etc., That should the Supervisor, or the Assessor, or Clerks of Registration refuse to register any qualified elector, as herein provided, such elector may proceed by action in any

R. S. 3220-Act 199, 1898 court of competent jurisdiction to compel such certificate to be issued, or registration to be made. Said causes shall be tried in a summary manner and without cost with right to appeal to the Supreme Court, without bond or cost, and said appeal shall be tried in a summary manner and by preference.

[Application to Court for Cancellation of Illegal Entries.]

SEC. 18. Be it further enacted, etc., That any person may proceed by action in any court to compel the Supervisor, Assessor, or Clerks of Registration to cancel any entry made illegally on any books of regis tration, or that ought to be cancelled by reason of the facts that have occurred subsequent to the time of such entry. But if the party whose name is sought to be cancelled be not a party to the action, the court shall order him to be made a party defendant, and the Assessor, Supervisor, or Clerk, shall be notified to show cause why such erasure shall not be made; said causes to be tried without delay or cost.

[Costs in Such Cases.]

SEC. 19. Be it further enacted, etc., That costs may be recovered against the Supervisor, Assessor, or Clerks of Registration when it is established on the trial that the Assessors, Supervisor, or Clerk, knowingly and wilfully violated a plain duty, but not otherwise.

[Bond of Supervisor of Registration for Orleans-Oath of All Officers.] SEC. 20. Be it further enacted, etc., That the Supervisor of Registration for the parish of Orleans shall, before entering upon the discharge of his duties, execute bond with two good and solvent sureties for the faithful performance of the duties required of him by law, and for the payment of such damages as may be sustained by his failure to discharge such duties, and said security shall be examined and qualified before the judges of the Civil District Court for the parish of Orleans in the sum of five thousand ($5,000) dollars in favor of the Governor and shall be recorded in the book of mortgages for said parish, and shall operate as a lien on his property. A certified copy of said bond shall be filed with the Secretary of State. The Assessor and Supervisor and Clerks or Registration throughout the State shall take and subscribe the oath as provided by Article 160 of the Constitution of this State.

[ Office and Furniture for Supervisor in Orleans to be Furnished by City Council.]

SEC. 21. Be it further enacted, etc., That the City Council of the city of New Orleans shall provide an office and such furniture as may be necessary to enable the Supervisor of Registration for the parish of Orleans; and the Surveyor of the city of New Orleans shall be required to make out such precinct maps for said city, as may be necessary under exisiting laws.

R. S. 3220—Act 199, 1898 [Canvass of Voters in Orleans Through Police-Penalty for False Returns.] SEC. 22. Be it further enacted, etc., That the Supervisor of Registration in the parish of Orleans shall, whenever he deems necessary, issue instructions to the police of the city of New Orleans to canvass the voters registered or take a census of such as are entitled to registration; and any police officer or other person designated to take the census of registration who shall make a false return, with a view of committing fraud, shall be deemed guilty of a felony, and upon conviction shall be fined not less than one thousand ($1,000 dollars, or imprisonment for not less than one year.

[Registration Books Throughout State to be Open to Public.]

SEC. 23. Be it further enacted, etc., That the books, papers and records of the Supervisor of Registration of the parish of Orleans, and the books, papers and records of the office of each Assessor and Clerk of Registration throughout the State shall, at all times, be open to inspection by the public, and copies of the same may be procured; provided the same does not interefere with the registration.

[Courts Shall Order Cancellation of Registration of Accused Persons When Evidence Justifies It.]

SEC. 24. Be it further enacted, etc., That in all cases where, on trial of a person charged with any offense under the provisions of this act, it appears in evidence the accused be registered without being qualified, as herein directed, the court shall order such registration to

be cancelled.

[Penalty for False Oath to Obtain Certificate.]

SEC. 25. Be it further enacted, etc., That any person who takes a false oath for the procuring of a certificate of registration, naturalization or declaration of intention to become a citizen, or aids, as a witness or otherwise, in obtaining the same fraudulently, shall be guilty of a felony, and upon conviction shall be fined not less than one thousand ($1,000) dollars, and imprisonment not less than one year, nor more

than five (5) years.

Swearing.]

[Oath May Be Administered by Registration Officers-Penalty for False SEC. 26. Be it further enacted, etc., That the respective Assessors, the Supervisors and Clerks of Registration shall each have the power to administer oaths to any person claiming the right to be registered or in regard to any other matter or thing required to be done or inquirea into by any of the said officers, under this act, and any wilful false Swearing by any person in relation to any matter or thing concerning which he should be interrogated by any of said officers, shall be pun

ished as perjury.