VIIWHO CAN VOTE
There is one way in which the government of a republic like the United States differs from other forms of government—viz., in a republicthe source of all power rests with the people. They choose the men to whom they give the right to speak for them and to represent them.
The right to vote for the man who is to represent you, who is to make the law for you and to enforce that law, is the most sacred right of a free country.
The success or failure of government in the United States, and in every political division of the State, rests with the men and women who have the power of the vote.
One of the great dangers of a democracy is the carelessness and indifference of the voter. If a government “by the people” is to be a success, the people themselves mustsee to it that honest, responsible, and efficient officials are chosen.
Every Person in the State Is Either a Citizen or an Alien. Citizenship Is Conferred by the National Government and the State Has No Power to Confer or Withhold It.
A Citizenis defined in the Constitution of the United States: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside.” Native-born Indians who have had land allotted them and have given up their tribal life are citizens. All persons born out of the country of citizen parents are also citizens, except where the father has never resided in the United States.
Naturalization: Congress makes uniform laws of naturalization for all the States.
An Alienis a person born in a foreign country who lives here but is still a subject of some other country.
An Alien May Become a Citizenof the United States, and thus of New York State, after he has lived in the country five years continuously, and in the State one year. He must be able to write his own language, to read and speak English, and be of moral character. His first step is to go to a Federalcourt, or a court of record, and swear that it is his intention to become a citizen and renounce his allegiance to any foreign power. He is then given his “first papers.” Not less than two years, or more than seven years later, he must appear again with two witnesses to swear to his good character and loyalty, and file a petition. After ninety days his application is heard by the court and he is examined by the judge and renews his oath of allegiance. If the judge is satisfied he is given his certificate of naturalization which makes him a citizen. Fees amounting to five dollars are now charged.
Only White Persons and Negroes May Become Naturalized: Chinese, Japanese and East Indians cannot become citizens unless born in the United States. Polygamists are excluded.
An Unmarried Womancan take out papers of naturalization and become a citizen in the same way as does a man.
A Married Womanis only a citizen if her husband is a citizen. Under the present law, she cannot become naturalized by herself. Also, under a strict interpretation of the law, she has the residence of her husband and must vote from the same place.
A Woman Bornin theUnited Stateswhomarriesanalien, although she may never leave her own country,ceases to be an American citizenand becomes a subject of the country to which her husband belongs. Therefore, the wife of a man not a citizen of the United States cannot vote in this country.[2]If a resident of the United States, she resumes her citizenship at the death of her husband, or if she is divorced.A foreign-born womanwhomarriesacitizen becomesacitizen. Children under age become citizens with their parents.
An American-born man may live abroad many years and not lose his citizenship.
A naturalized citizen is considered as losing his citizenship if he returns to his native country and resides there two years.
A citizen has the right to withdraw from the United States, renounce his allegiance, and acquire citizenship in another country.
An alien enjoys the same protection of the law as does the citizen. The government extends its protection to the native-born and the naturalized citizen alike. A naturalizedcitizen is protected while abroad, even in his native country, by our government in exactly the same degree as a native-born citizen would be. A naturalized citizen may fill any office in the land with the exception of that of President.
A Citizen Is Not Always a Voter: Women were citizens of New York State before they were given the right to vote, if (1) they were born in the United States, (2) were married to citizens, or (3) if, unmarried, they had taken out their own naturalization papers.
The State Confers the Right to Vote and Fixes the Qualifications for Voters.
Who May Vote: “Every citizen of the age of twenty-one years who shall have been a citizen for ninety days, an inhabitant of the State for one year, and a resident of the county for four months, and a resident of the election district for thirty days, has a right to vote” (Act II, Sec. I, Constitution of New York State). Foreign-born women whose husbands are citizens must live in the country five years before they can vote. In time of war soldiers and sailors may vote wherever they are, and their ballots are counted in their home districts.
It is reasonable that a certain length of residence should be required before a personis permitted to vote, in order that he may have a chance to become familiar with the interests of a community, and acquainted with the qualifications of the candidates.
Who May Not Vote: A naturalized citizen who has not been naturalized for at least ninety days before election; a person whose name and address is not registered with election officials at least ten days before an election; a person convicted of bribery or an infamous crime; a deserter from the Army or Navy. A person who bets on an election is disqualified for voting at that election.
The Governor may restore citizenship to a person who has lost it.
The State Cannot Interfere with the Rights of Citizens: While the State prescribes the qualifications for suffrage for its own citizens, by the Fourteenth and Fifteenth Amendments to the National Constitution, the Federal government prohibits any State from abridging the privileges and immunities of citizens of the United States, and declares that the State in making the qualifications for the suffrage cannot discriminate because ofcolororrace.
The Fourteenth Amendment further provides that when the right to vote is denied to any of the male citizens of a State, itsbasis of representation shall be reduced in proportion.
Several of the Southern States have restricted the suffrage by educational and property qualifications, but have excluded from these qualifications those who were voters in 1867 (before the negroes were enfranchised) and their descendants. This discrimination of the so-called “grandfather” clause was held unconstitutional by the Supreme Court of the United States in 1915, but the reduction in representation has never been enforced. Massachusetts has an educational qualification and Pennsylvania a tax qualification, which also exclude many male citizens; but the Fourteenth Amendment has never been seriously enforced in either case.
The National Amendment for Woman Suffrage: An amendment to the Federal Constitution is pending which provides that theright to vote shall not be denied on account of sex.
While New York State has given the vote to its women, this permission does not extend beyond its borders. New York women lose their vote if they go to Pennsylvania, New Jersey, or any adjoining State. Twelve States have given women full suffrage, andnineteen States have given them the right to vote for President. The Woman Suffrage Amendment, when passed by Congress and ratified by three-fourths of all the States, will secure the right to vote to all the women of the United States.
FOOTNOTES:[2]A bill is now before Congress to change this law and make it possible for a married woman to choose her country for herself, as a man does, and to require that she be obliged to go through the same process of naturalization that a man does, including the oath of allegiance. It is only through a Federal law that this change can be made.
[2]A bill is now before Congress to change this law and make it possible for a married woman to choose her country for herself, as a man does, and to require that she be obliged to go through the same process of naturalization that a man does, including the oath of allegiance. It is only through a Federal law that this change can be made.
[2]A bill is now before Congress to change this law and make it possible for a married woman to choose her country for herself, as a man does, and to require that she be obliged to go through the same process of naturalization that a man does, including the oath of allegiance. It is only through a Federal law that this change can be made.