Opinion on the Illinois Election Law
SPRINGFIELD, November 1, 1852.
A leading article in the "Daily Register" of
178this morning has induced some of our friends to request our opinion on the election laws as applicable to challenged voters. We have examined the present constitution of the State, the election law of 1849, and the unrepealed parts of the election law in the revised code of 1845;and we are of the opinion that any person taking the oath prescribed in the act of 1849 is entitled to vote unless counter-proof be made satisfactory to a majority of the judges that such oath is untrue; and that for the purpose of obtaining such counter-proof, the proposed voter may be asked questions in the way of cross-examination, and other independent testimony may be received. We base our opinion as to receiving counterproof upon the unrepealed section nineteen of the election law in the revised code.
B. S. EDWARDS,
S. T. LOGAN.
I concur in the foregoing opinion,
S. H. TREAT.