Correspondence from Blalock to Guinier; Legal Research on Offenses Against Suffrage; Envelope

    P 

ilRMINGHAM PUBUC UBRARY

Dear Guinier:

The Tutwiler Collection of Southern History and Literature
is an outstanding collection of historical and genealogical
sourcea. The stitt is here to assist you in your research.
Bowever, we 3lg-JIQL staffed to do genealogical research, or to
provide'inaiviauaf instruction in doing genealogical research.
l{e encourage you to visit our collection.

In response to Your inguirY of

EnClOsed yOu wi'l'l find the ttlo serctions of the alehama Cnd" rot
--fE%-and Lnd the present law. The xerox of the 1876 law is

so you r.ron't be in the dark as to what it actually says.

w does historical research for a fee. All of the peoPle
we have on our I

@ would be to contact the university here.

If you wish to order a photocopy- of any record mentioned
above, pifasn RETURN THIS FORM with check or money order made
piy$i" to the girminqham tibraffi.oard. - There is a minimum
Lnl.o" of S2.oO d a charge of 10c for

"i"t-iaaitffief 
copy. P1ease allow three weeks for delivery.

For your information, birth and death records for Alabama
have been required since 1908. These are available through the
Alabama Bureau of vital statistics, state Department of Public
Health, Montgom€EYr Alabaraa 36130. Wills, deeds and marriage
records tor atabama are recorded in the Probate office of the
county in which the record was created.

Inquiries regarding Alabama Confederate service pension
recordsr- Alabama census mortality schedules, and other state
records should be addressed to the Department of Archives and
History, State of Alabarna, llontgomerY, AL 36130'

(?^'- Bl^-o-*"-i<
Librarian

2O2O PARK PLACE, BIRMINGHAM, ALABAMA 35203 cENTRAL LTBRARY (205) 2s4-2s51

GEORGE R. STEWARI C. DANIEL ULSON, JR. JACK F. 8ULOW, J. NORFLEETE DAY,
Drtector Associate Director Central Library Associate Direclor Extension Services Associate Director Technical Services



910 Perr E.l

willfully of corruptly.Bwe&r f-o.lsely, t'" rh*ll b"-' j
perjun', and, on colviction thereof, shall be punl
onment-i, the penitentiary not less than two,^noi

OFTIIN8ES AG^INS'I NUTTITAGE.

years. (1)

demeanor, and., ou convictiou, must be fined not
dred, nor more than -one tihousand dollars, or i
county jail, or sentencecl to Lq,ril labor for the
than oue, nor more than six mrinths, at the discro

../ltrr.ing or clonrying oole oJ.elq:tor._nl
rdy atters or .changes the vote of -any el
k)r rs prevenred trom- voting as he i;ten

aoi, and, on convicti,on,"rnust b" h;;
, n_oJ _m-or€ than one thousand- doI;
red in,the county ;rit "Ji""s1n-illo gix months.

,Dft,oY!! d3ctor on elcd.ion ioy, rtc._<
,n d?I, ots[urb8, or-preventa, or Lttemote
pE rreell c&Btrng -hie ballot, such p&so
lDor, &no, ou cor.rlrction, must be fuiecl n
Dor loore than one thousand-d"It 

"",-;";,bor for the county, or i-p.i""o"d'il ;h"."
Br montn6, uor ruore than oue year, at t

OFFENEE8 AGAINAT TIIE PERIiON.

OHAPTtrtt t).

OT'FENSES AGATNST rEX PE.BTION.

i*8rob6.r&76. $ 4988. False su.eariry at municipal eletti,m._ip'tle' shall falgelv. willfrrllv and corrrrnflytn.lra o-o ^^ri,shall falsely, willfully and corruptly take *y ortii
at any municipal,election, i9 gurlty of .perjury, anil.
tou8f, De pnnrslred Dy rmpnsonment rn the peniG
thdn one, nor-molre than-three ye&rs; but t[iB;
app\-bLn 

"t""ti"" h-"td ;"d;; i-Ji,i* *t"""il,TiX#49 for. the.punishment oI perjury at sr
irs.B, r&?6,p. $ 4289.. IUnit(1t9tit1.q.;_,i.Anf pers,in iqti"g *"any erecttoD held rn thls_8ta,te, or depOsrtrng moro

less than two, nor more than five-years, at the
jury. (2)

$ 4290. Duty of .iu.dge to blmrse srand..iuru dpet$ 4290. Duty of .iu.dge to blmrse srand .iury speninl
rrb.m.rg. 9/'eglianlau.-kTt is the tluty of the 5ufui! <if the

inal and city courts to specially chirse" their r
juries, and ilirect thery tg,_-e_speciilly inrjirire into IJuneB, &no olrec[ r.Irem [o especraily Dqurre mto aI
and also into any and all iliegal acts committoil'
returning officerB, or other officers of election. ,1,

for the same office, as his vote at 
- 
such dlection-

atteTpting to-voto when he is not entitlecl to do s{ F$f 
gt. 

. 
lI u r der. ; . d ilfe r en t deq ft es of . *Everr

PJ P,orson, lyln€ tn wait. or eiy other fJ
l_l?lr_"l,rrl and pr,emedftated killing; or

uny kiad of ilIegal or fraudulent votiag, is suiltv
on conviction thereof, shall be imprisoned i" tnl

$.4291. Votitw toithout registrat,imt and taking oolh
voting at any cou:rty or state electiou, who hss not
taken and subscribed to the registration oath, is I

btration-o{ or the'attcmpt t" ;";;;:;".";,
,or 

byglalf ; or,perpetr'ahA il;;iJ;".
:It?: :,1",yy:ll ro effecr the dearhbf anr
: l^,T":fl?.: L*"^1, or perpetrated by ar

S,HH:fl ;l "ltim;r*, h*;":$:#
prtve any partrcular Derson of lif. ;.',,j,,JqlJ{".li,;ffi*r,",:*"1;::mLi*r,ffi *would h,n ve constituted -";;;;;"-;;;b socond decree. il)

S,6-ti}^ 
S:i:, 7)mittmotto./.-Aly pergon ,in the first degree, must,-on 

";;*#ir;:.reat in the peniteniiu.y t". UrL, *i"n"?fL
anJi person who is guiliy of m".au" i"ih;;
lnvigtion, be impriion"i i; th;;;il;i,"5

t lb. rc.101.

nlb. re.92. $ 4292 Rriliryl u .atternpti.ns to'tnifl utrux: ootu.-t
by bribery, or offering to bribe, or by auy othu
a[tempts 

-to 
iofloerce"auy olector i" gi"inglhs vo

from giving the same, or disturb or .lr]ndei him in I
of the rigfit of suffrage, at any eledtion, he is gui
mea,nor, and, on eonviction, must be fined not lesE
dred., nor more tharr one thousand dollars, and er

.labor for the Dounty, or imprisoned in the county
than thirby days, nor ulore than six mouths, at
the jury. ' :

1. Nc conviction if perty believed, uixrn infornration of rehtir
having knorvledge of bis birtb, that he was ol age.- -52 Ala. 3(8.@vrtlB (uovreoSe oI Dra Dlrl.o, f,Ea! [e wE8 0I age. - -DZ Ata. ru.
gatioa in ind.ictment. *Ib. No conviotion if oath true in faet; od
oatl not a dofeuee, but may be urged in nritigation.--Ib. {24.
; g 52 Ala- 299.

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5 17-23-1 MISCELT.ANEOUS OFFENSES

CHAPTER 23.

MISCELLANEOUS OFFENSES.

s 17-23-1

Sec.
17-23-1. Illegal voting or attempting to vote.
17-2*2. Illegal voting at municipal elections.
11-2*3. Bribing or attempting to influence

voter.
17-234. Buying votes.
L7-23-5. Selling votes.
17-23-6. Candidate barred by bribery.

Sec.

17-23-7. Altering or changing vote of elector.
l?-23-8. Disturbing elector on election day.
l?-23-9. Becoming intoxicated about voting

place on election day.
l7-23-10. Employer intimidating employee.
I 7-23- 1 1. Coercion of e mployees of corporations.

Cross reference. - As to selling, etc., liquor,
vinous or malt and brewed beverages prior to
closing of polling places on days on which a

general, municipal, special or primary election is
being held, see 5 2&3-260.

S 17-23-1. Illegal voting or attempting to vote.

Any person who votes more than once at any election held in this state, or
deposits more than one ballot for the same office as his vote at such election,
or knowingly attempts to vote when he is not entitled to do so, or is guilty of
any kind of illegal or fraudulent voting, must, on conviction, be imprisoned in
the penitentiary for not less than two nor more than five years, at the discretion
of the jury. (Code 1876, S 4289; Code 1886, S 4185; Code 1896, S 4692; Code 190?,
5 6788; Code 1923, 5 3906; Code 1940, T.17,5 302.)

Scope of section. - The language of this
section is broad enough to embrace, and in faet
does in ipsis verbis embrace, "any election held
in this state." Gandy v. Stat€, 82 Ala. 61, 2 So.
465 (1887). See also Anderson v. Stat€, 72 Ala.
18? (1882); Washington v. State, ?5 Ala. 582
(1884).

"Election" defined. - The word "election"
nreans the act of casting and receiving ballots,
and the day and time of voting. State v. Tucker,
54 Ala. 205 (1875).

Migtake as to qualifications. - A minor, who
is otherwise duly qualified, cannot be convicted
of illegal voting because he was not of the
requisite age, if he voted under the honest belief,
induced by information from parents, relations
or acquaintances having knowledge of the time
of his birth, that he had attained his majority.
Gordon v. State, 52 Ala.308 (18?5).

However, if one votes recklessly, or
carelessly, when the facts are uncertain or
doubtful, his ignorance will not excuse him.
Gordon v. State, 52 Ala. 308 (1875). See also
Carter v. Stat€, 55 Ala. 181 (1876).

The poll lists are the highest and best
evidence of who voted at an election. Wilson v.
State, 52 Ala. 299 (18?5). See also Hunter v.
State, 55 Ala. 76 (1876).

Sufficiency of indictmenl - A count of an
indictment charging that the defendant, not
being 2l years (now 18 years) of age, voted at
a given general election held in this state is
sufficienL Gordon v. State, 52 Ala. 308 (18?5).

However, a mere general accusation of illegal
voting, without specifying in what the illegal
voting consisted, is not sufficient to support a
conviction. Gordon v. State, 52 Ala. 308 (1875).

An indictment for dual voting is not
demurrable because it fails to allege the names
of the persons or officers for whom the accused
voted. Wilson v. State, 52 Ala. 299 (1875). See
also Cartcr v. State, 55 Ala. l8f (f8?6).

Cited in Gandy v. Stat€, 82 Ala. 61, 2 So. 465
(1886); Gandy v. State, 86 Ala. 20, 5 So. 420
(1888).

Collateral references. - 29 CJ.S., Elections,
5 325, n. 1.

657



BIRMINGHAM PUBLIC LIBRARY
2O2O PARK PLACE

BIRMINGHAM, ALABAMA . 35203

Att: Janet Sabel

Itls. Lani Guinier
Legal Defense Fund
10 Columbus
Suite 2030
New York, New York 10019

u -^1 $82