$1700. All judges and clerks of any general election held in this territory, shall hereafter be paid the sum of two dollars for each day they may so serve as judges and clerks of any such general election, to be paid from out of the treasury of the county in which such services may be performed.

L. 1882. C. 37. § 1: Feb. 25.

Election officers: compensation.

C. 60. L. 97, § 18.

§ 1701. Hereafter it shall not be lawful for any person to vote in the territory unless his name shall have been registered as a voter as hereinafter provided.

Registration re

quired.

L. 1868, chap. 26. § 1: Jan. 30. Tr.

Registration board: duties and how ap

§ 1702. That sixty days before any general election hereafter held in this territory for delegate to congress, members pointed. of the legislative assembly, county, district and precinct officers, it shall be the duty of the boards of county commissioners of the respective counties to appoint boards of registration in and for the several precincts of their respective counties in the manner now provided by law. Such boards of registration shall meet at least thirty days before the day appointed for the holding of such election, and shall proceed to register the qualified voters in their respective precincts. The probate clerk shall be required to furnish the boards of registration of the respective precincts with a list of the voters who were registered in such precincts at the preceding general election, and the board of registration shall enter all of such names on the books of registration, and shall then strike off the names of any persons known to have died or to have permanently left the precinct, and shall then proceed to enter upon such list the names of all persons residing in such precinct who have resided within such county and precinct a sufficient length of time to entitle them to be registered, or who will have resided in such county and precinct a sufficient length of time on the day of election, and who possess all other qualifications requisite to make them qualified electors. If a f any person is refused registration by the judges of regis tration, he may make and present to the judges, his affidavit. in writing, setting forth that the affiant is a citizen of the United States, that he has resided in the Territory of New Mexico for the six months next preceding, that he has resided in the county for three months next preceding, and in the precinct in which he offers to register, for thirty days

Feb. 28.

C. 135. L. 89 § 12: next preceding, and that he is not disqualified for any reason from being registered as a voter and from voting at the next ensuing election; such affidavit may be sworn to before any justice of the peace or other officer qualified to administer oaths. And all justices of the peace are hereby required to administer the oath to any such affiant upon application, free of charge, and any justice of the peace who shall refuse to administer any such oath upon application and certify thereto, upon such affidavit, that the same has been duly sworn to by affiant, shall be subject to the penalty provided for any violation of this section. In like manner any person who may desire to procure the registration of any resident of the precinct who possesses the necessary qualifications, but who is temporarily absent, may make such an affidavit as is provided in this section, setting forth that he is acquainted with the absent voter and that he posseses all the qualifications required to be set forth in said affidavit. When any such affidavit is presented to the board of registration, it shall be the duty of the board to forthwith place the name of the person mentioned and described as a qualified voter in said affidavit, on the registration list, and they shall not thereafter remove the same. The boards of registration shall sit at least three days when they first meet: they shall open their session every day at nine o'clock a. m. and remain in session until twelve o'clock, and shall again meet at two o'clock and remain in session until six o'clock, and thereafter on each and every Saturday until ten days before the election, and on the tenth day preceding the election, the board shall meet and remain in session during the hours hereinbefore mentioned. and at six o'clock p. m. on the tenth day preceding the elec tion, the board shall close the registration books and dispose of the same as now provided by law; and after said tenth day preceding such election, no other name shall be added to such registration list. Any person who shall make any false affidavit under the provisions of this section, shall be deemed guilty of perjury and shall be punished as provided by law. Any other person violating any of the provisions of this seetion or who shall refuse or neglect to register any qualified voter upon application, shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars for each offense, and in addition thereto, may be imprisoned in the county jail for any period not less than three months, nor more than six months, at the discretion of the court trying the same.

Board of registration: duties

§ 1703. It shall be the duty of said board of registration to inquire into, ascertain and make a record of the names of all persons legally qualified to vote under the election laws of this territory, in the election immediately subsequent, for ali Legalvoter: quali- officers to be elected at said election: Provided, The qualifica

fication

tions of a legal voter shall be as follows: He shall be a citizen of the United States of the age of twenty-one years, shall have resided in the territory six months, in the county wherein he offers to vote, three months, and in the precinct, thirty days, immediately preceding the election. One of the members of the board of registration, to be selected by themselves, shall

L. 1888. chap. 26. s 3: Jan. 30. Tr. Oath: authority to

be the secretary thereof; and the secretary so selected shall
have authority to administer oaths to the persons applying to
be registered when so directed by any member of the board administer.
of registration.

§ 1704. When the board of registration shall assemble for the purpose of registering the votes of the precinct as hereinbefore provided, it shall be the duty of one of the members of the board to administer the oath to the other two members, and when these are so qualified one of them shall administer the oath to the member who administered the oath to them. The following shall be the form for such oath, which form shall be furnished the board when appointed by the respective county commissioners: I, A. B., do solemnly swear for affirm] that I will faithfully discharge, according to law, the duties of register of legal voters of this precinct number -, without favor, fear or partiality, to the best of my ability. So help me God.

Oath required

Form.

(Signed)

A. B.
C. D.

E. F.

Board of Registration.

A copy of which oath so taken and subscribed, shall be annexed to each list of voters hereinbefore provided for.

§ 1705. On the morning of the day of every election herein contemplated, it shall be the duty of the board of registration for each precinct in this territory, to furnish, before opening the election, the judges of election in their respective precincts, with a true list of the voters thereof, certified and signed by the said board.

1706. All those persons whose names shall be registered as voters by the board of registration as furnished to the judges of election, the county commissioners and the secretary of the territory as aforesaid, shall have the right to vote in the election for which such registration was made, and no person whose name is not so registered shall have the right to vote at said election.

§ 1707. Should any board of registration willfully refuse to register the name of any legal voter, as hereinbefore provided, or should any of said boards register the name of any person as a legal voter, knowing him not to be such, the member or members of the board causing the same to be done shall be liable, on conviction before the district court, to a fine for such offense of not less than fifty [dollars], nor more than two hundred dollars, or, in default of paying the fine, to imprisonment in the county jail for not less than six months, nor more than one year, recoverable before the district court. § 1708. If any judge or judges of election shall permit any person to vote, whose name is not registered as a voter as aforesaid, he or they shall be liable to a fine not less than one hundred nor more than five hundred dollars, and, in default of payment of the fine, to imprisonment in the county jail, not less than six months, nor more than one year, recoverable in the district court.

§ 1709. Sixty days before any election in this territory, except according as provided in section one thousand seven

1: Feb. 4. Tr.

89, § 14.

ed.

L. 1889, chap. 49, § hundred and twelve, it shall be the duty of the county commissioners in their respective counties, to appoint three capable Amended. C. 17. L. persons as a board of registration for each precinct in their respective counties, at least one of whom shall belong to a different political party from that of the majority of the said Vacancy: how fill- board of county commissioners: Provided, That if any vacancy shall occur in the boards of registration, said vacancy shall be filled by a capable person appointed by the justice of the peace of the precinct in which said vacancy shall occur, and if the justice of the peace be lacking, then he shall be Voting in any pre-appointed by the people: Provided, That if any citizen wishes for legal cause, to vote in any precinct in his county, he can do so, if his name has been registered in conformity with the law, by procuring a certificate signed by the board of registration of his precinct, setting forth fully the causes which compel him to be absent from his own precinct, and showing the precinct in which he desires to vote, which certificate Certificate; effect shall be received by the judges of election or county commissioners of the county, together with the poll books.

cinct: how.

of.

Lists of voters: how registered.

Id. § 2.

Compensation.

Id. § 3.

Registration unnecessary; when.

Id. § 4.

Poll books. how furnished: form of.

Id. § 5. Refusal or failure: penalty.

Id. § 6.

§ 1710. It shall be the duty of the board of registration to make out in their respective precincts, the lists of the legal voters, and these shall not be required to be present to be registered. It shall also be the duty of the board of registration to place in one of the most public places, a copy of the list of legal voters of their respective precincts for the information of the people, and said copy shall be exposed as aforesaid, ten days before any election.

§ 1711. Each member of the boards of registration in the different precincts shall be entitled to a recompense of three dollars for the services rendered in said registration.

§ 1712. If a vacancy in the office of the justice of the peace or in any other office should occur, a new registration of the voters shall not be necessary; in such case the judges of election shall use, in the discharge of their duties, a copy of the legally registered voters in the last preceding election, which copy shall be furnished by the county commissioners of the county in which the said vacancy shall have occurred.

§ 1713. If by a vacancy occurring or by any other accident whatsoever, the secretary of the territory should not be able to, or should fail to send the poll books, three months before any election to the different county commissioners of this territory, as now prescribed by law, in such case it shall always be the duty of said county commissioners to furnish the judges of election in each precinct of their respective counties with poll books, and said poll books shall be according to the form, and in the same mode as the blanks now prescribed by law.

S1714. If any person shall refuse or fail to comply with the duties prescribed for them herein, he shall be fined in a sum not less than twenty dollars, nor more than one hundred dollars, and with imprisonment for not less than ten days, nor more than sixty days, or with both punishments, at the discretion of the court having jurisdiction in the case.

CONTESTED ELECTIONS, LEGISLATIVE CONTESTS.

Each branch of the legislative assembly shall decide and determine the election and qualifications of their own members, under the rules and restrictions that may be respectively adopted by each branch for that purpose.

Assembly to determine qualifications of members.

C. L. 1865, C. 63, § 35; July 20, 1851. Tr.

Members of assembly: tie vote, how

§ 1716. If two or more members of either branch of the legislative assembly shall have an equal number of votes, it decided. shall be the duty of the governor, after having ascertained the fact, to order new elections as soon as possible, giving thirty days' previous notice of said election, in the county or district where said tie may occur, and said election shall be conducted, in all its parts, in the same manner as prescribed in this act for conducting elections for members of the legislative assembly.

§ 1717. If a contested election be pending, the person holding the certificate of election shall take possession and discharge the duties of the office until the contest shall be decided.

Id. § 36.

Certificate;

person holding to serve. Id. § 50.

Contest: notice required.

1718. If any candidate at any election hereafter held in this territory desires to contest any votes given to the opposing party, or to contest the office for which he was a candidate for any other reason, he may do so by giving notice in writing to such opposing party before the contest is tried or heard, setting forth the grounds upon which he bases his con- Feb. 28. test.

C. 135, L. 89. § 8:

Costs paid by los

§ 1719. In all contesting cases, the costs shall be paid by ing party. the unsuccessful party.

C. L. 1865. C. 63. § 52: July 20, 1851. Tr. Contests for seats in assembly: proced

§ 1720. If any candidate from any county or district in this territory contest the seat of any representative or mem- ure. ber of the council, said person shall give written notice to the contestee within thirty days after the returns of the election are received by the secretary of the territory. Said notice of contest shall specify as nearly as may be, the grounds upon which the contestant relies, and it shall also give the name of some justice of the peace or notary public, before whom it is purposed to take proofs in support of the grounds alleged and