Welch

Welch v. Williams

Good Law
1892 Cal. LEXIS 957·96 Cal. 365·31 P. 222
Supreme Court of CaliforniaOctober 14, 1892No. 15195California1,662 words

Opinion

Lead Opinion

Beatty, J.

— The petitioner possesses all the qualifications of a voter of Fresno County, and prior to the sixteenth day of January, 1892, his name was enrolled upon the great register. At said date the board of supervisors made an order canceling the great register, and providing for a new and complete registration of the voters of said county, and the respondent immediately thereafter commenced making a new register. On the 17th of March following, the petitioner, upon his own application and upon proper affidavit, had his name entered thereon. His attention having been subsequently called to the language of section 1094 of the Political Code as amended in 1889, he concluded that such registration of his name — made, as it was, more than one hundred days prior to the ensuing general election — was invalid, and therefore within such hundred days he applied to the respondent to register his name anew. This demand having been refused, he asks a peremptory mandate to enforce compliance.

The amended section 1094 reads as follows: “ A register, in which shall be entered the names of the qualified electors of each of the counties in the state, shall be kept *367 at the office of the county clerk…

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