Gillesby v. Board of County Commissioners

Citations

• 17 Idaho 586
• 107 P. 71
• 1910 Ida. LEXIS 123

Syllabus

<p>Elections — Registration—General Election Law — Statutes—Construction — Local Option — Police Power — Constitutional Law —Acts Void in Part.</p> <p>1. Sec. 2, art. 6, of the constitution of this state, commits the subject of registration of voters entirely to the legislature, and fully authorizes the legislature to enact such registration law as it deems wise; provided, of course, sueh law in no way contravenes any constitutional right of the elector.</p> <p>2. The object and purpose of a registration law is to provide means for ascertaining and determining in a uniform mode whether a voter possesses the necessary qualifications to permit him to exercise the elective franchise, under the constitution and laws of the state.</p> <p>3. Under the provisions of sec. 9 of the loeal option statute, all persons who registered for the last preceding general election are declared to be properly registered for an election held under the statute, and sueh electors are not required to re-register in order to vote at a special election held under the local option statute; and all persons not so registered may register for the special election according to the statute relating to registration.</p> <p>4. Applying the general election law of the state, the registrars are required to give the notice provided to be given by sec. 396 of the Rev. Codes; and under this section the days upon which the registrars will hear applications for registration are left to the discretion of the registrar except in so far as such days are fixed by the provisions of see. 394 of the Rev. Codes.</p> <p>5. Where the legislature has provided certain and fixed days upon which registration may be had for a special election under the local option statute, the faet that the statute also authorizes the registrars of the different precincts to fix other and additional days does not render such statute indefinite or uncertain or local or special legislation.</p> <p>6. Under the provisions of see. 394, each S