After declaring who should be qualified electors, Art. 6 of our State Constitution makes it obligatory upon the Legislature to guard against the fraudulent usurpation of the elective franchise, in the following explicit language: “It shall be the duty of the General Assembly to provide, from time to time, for- the registration of all electors, and no person shall be allowed to vote without registration,” etc. Const., Art. 6, §§ 1 and 2.
In obediénce to this injunction of the organic law, and in the exercise of the legal discretion incident to the power given them, the Legislature provided (Laws of 1889, ch. 287, § 3), as follows: “No registration shall be valid unless it specifies, as near as may be, the age, occupation, place of birth, place of residence of the elector, as well as the township or county
It is now well settled that Legislatures acting under such grants of power, may enact registration laws fur the purpose, both of preventing those not entitled to vote from enjoying the privilege, and of securing the right of suffrage to the qualified electors; though they have no power to add to their constitutional qualifications. Cooley’s Const. Lim. (6 Ed.) p. 756; Kiveen v. Wells, 144 Mass., 497; McMahon v. Mayor, 66 Ga., 217.
If a statute appears upon its face to have been framed with the intent to prevent fraudulent registration, or in case of failure to accomplish that object, at all events to detect and punish the crime of illegal voting, it is within the purview of the law-making power to pass it. Every presumption is in favor of its validity and of the good faith of the body that enacted it. State v. Moore, 104 N. C., 717; Powell v. Commissioners, 114 Penn. St., 265; State v. Eaves, 106 N. C., 752; Brown v. Brown, 103 N. C., 213; Randall v. Railroad, 107 N. C., 752.
Judge Cooley, says: “All such reasonable regulations of the constitutional right which seem to the Legislature important to the preservation of order in elections to guard against fraud, undue influence and oppression, and to preserve the purity of the ballot box, are not only within the constitutional power of the Legislature, but are commendable, and at least some of them absolutely essential.” Const. Lim., pp. 757 and 758.
The Constitution of 1868 was amended in 1877 so as to require a residence of ninety instead of thirty days in the county as qualification. This amendment was aimed at the fraudulent practice of buying purchaseable electors and colonizing them in a county thirty days before the time of voting, in order to control the election of its representatives or other local officers. The new requirement increases the
It may be that the rule would be different where a fraudulent conspiracy to deprive the voters of a particular precinct of the right of suffrage is shown. “It is no answer (says Judge Cooley), that such a rule may enable the registry officers, by neglecting their duty, to disfranchise the electors altogether; the remedy of the electors is by proceeding to compel the performance of the duty, and the statute being imperative and mandatory cannot be disregarded.” Under our statute, registrars who wilfully fail to discharge their official duties are also subject to indictment. This principle does not apply where an act of
Where an individual voter offers to comply with a reasonable regulation in reference to registration, and is prevented from compliance by the wrongful act of the registrar, his vote should unquestionably be counted, and the Judge below very properly so held. McCrary, § 102.
In the case of Hampton v. Waldrop, 104 N. C., 453, a question widely different from- that under consideration was presented. There the registrar merely entered in a new hook the names of electors which had been properly and lawfully recorded on a former registration book that had been lost, and then registered in the manner prescribed by law the names of other persons who were entitled to vote at that place. The new applicants had a right to be registered in a new book if the old could not be found when they complied with the law. Those whose names appeared in the old registry had already complied with the requirements of the statute.
If the Legislature sees fit to enact a reasonable regulation as to the manner of recording the names of voters, and the information which the voter must impart (in order that persons so inclined may inquire into the truth of his statements), and to pronounce the registratien of each particular name invalid unless the elector shall comply with its requirementsj it is manifest that the same reasons exist for rejecting the ballot of each voter whose registration is not valid, as for refusing to count a whole township not registered at all. An invalid registration is no registration 'at all, and the
In the case at bar, then, we have a reasonable statutory requirement that the elector shall place upon the registration books certain facts connected with liis own history, in order that opportunity may be giyen to look into the grounds for challenge and thereby prevent illegal voting, or that the Courts may detect and punish the crime if it becomes a fact accomplished. The law, in unmistakable and imperative terms declares that the registration in each particular case shall be invalid and void for failure to comply with the specific requirements. If, in the face of the first clause of the section (“No registration shall be valid”), the Courts should declare its provisions merely directory, and thus thwart the manifest purpose of an independent co-ordi: nate branch of the government when acting within the limit of its power, they would establish a precedent far more dangerous to liberty and constitutional government than all of the real or imaginary evils or inconveniences that might arise from the enforcement of the statute. Cooley’s Const. Lim., pp. 197, 200 and 201.
“The Judiciary cannot run a race of opinions upon points of right, reason and expediency with the law-making power.” Cooley (4th Ed.), star p. 168; State v. Patterson, 98 N. C., 660.
While most of the regulations of the law respecting the manner of opening and holding elections are held by the Courts to be merely directory, provided the language of the statute does not plainly make them mandatory, no American Court has ever claimed the right to disregard an imperative requirement of a statute if the Legislature had the power to pass it and to make it unmistakably mandatory. If the elector purposely refrains from qualifying himself by registration .for the enjoyment of the privilege of voting, it is his own fault; and if he is prevented by physical disability from having his name entered on the registration books
The law being constitutional, “it must appear that the voter did, or offered to do, all that the law required at his hands, and that his failure to be registered was the fault of the officer of registration.” McCrary, § 102, p. 67; State v. Commissioners, 20 Fla., 859. In absence of proof to the contrary, it is always presumed that the officer has done his duty. Every citizen is presumed to know the law governing his relations with others, as well as the mandatory rules which prescribe how he may secure the enjoyment of his rights. In the absence of any definite information on the subject, the failure to enter upon the registration book such facts connected with the history of an elector as the statute imperatively requires as a prerequisite to the exercise of the elective franchise, must be considered due to the carelessness or inexcusable ignorance of such elector. That presumption can be rebutted only by showing that he offered to comply with the requirements of the statute, and was prevented by the neglect or wilful act of the registrar. McCrary, § 101.
We concur with the Court below that it was the duty of the elector to make the answers as specific as the statute requires them, and that the registrar, if he read the headings calculated to elicit the requisite answers, certainly did all that the law required of him.
Reason, as well as authority, commend the view taken in the Court below that the burden of showing a strict compliance Avith the law was on the relator, instead of requiring the registrar to charge his memory with all that occurred, so a.s to be able to state whether the elector refused, when asked, or simply, neglected to state definitely his places of birth and residence.
■ It only remains to determine whether the names of either or all of the two classes of electors mentioned as recorded by
The electors of Little River precinct in Little River Township who caused the name of the county of their birth to be recorded opposite their names, and “Montgomery County” to be entered as their place of residence, we think complied with the requirements of the statute. But the registration at Bean’s Mill precinct was fatally defective in stating the electors’ places of birth to be “North Caralina.”
As we understand the facts, the case comes before us now upon an intimation based upon an admitted state of facts as
For the error in holding that the registration in Little River precinct was not valid, if the testimony of the registrar was believed, the relator is entitled to a hew trial. The Courts have no more right to look to possible consequences of enforcing a law than they have to conjecture as to the motives of the Legislature in enacting it, provided the law passed is within the limit of its powers. Whatever, defects there may be in the registration books, as they appear to dajq it will not be difficult for electors to have them cured before the next general election, as there will be abundant time to give notice. Where an elector may be again sworn, we see no reason why blanks may not be filled or improper entries erased and proper ones substituted opposite to his name as already recorded in the book.