Qualifications Of Voters

The tollowing decisión of the attorney general ot Michigan was made in response to inquines as to the construction to le put apon the constitutiunal amendment "relative to the qualifications of electors," which was adopted last fail: STATE OF MICHIGAN, i Ol'KKK OF ATÏOKNliV GkMKHAL, - Lauaiug, Jan. 23, 1Ö5. ) j To Hon. (kul Urnith, County Glerk mul Register, Marqwtte, Mich: .My Dear 8Ur - Yóura of Jan, V-i was duly raceived. 1 liaye received inany j lbtters ut i similar diameter, indieatiugagreat interest in the questions you ask. Previousto the last genera] election, by section 1 article 7 of the constiiution of this state, m all elections, evei'y male inliabitant who bad resided iñ tliis state two years and six inonths, and who had deelared uis iniention lo become a Citizen of the United States pursuant to the lawa tbereof, six Uionths precedmg an election, was au elector aml eutitled to vote: Provided, I of course, he was abüve the age ol twenty-oiie years, and liad resided in the towuship or ward in wliich he offered to vote ten days precedmg such election. This .section was amended at tlie last general election, so that it now ïeads as follows: "Every male inliabitant of foreign birth who ha.ving resided in this state two years anti six months prior to the 8th day of November, 1S94, and having deelared lus intentiön to become a citizen of the United States two years and six months prior to said last nauied day, shall be an elector and eutitled to vote."' The section was also amended by requiriug that no one shall be an elector or entitled to vote at aiiy election, unless he shall have resitled in this state six months, acd in the township or ward in which he offers to vote twenty days next preceding such election. In all other respects, section 1 of article 7 remains unchauged. An exaniinatiou of this section of the constitutiou, as amended, shows that, there is uot the sllghtest possible iiiound tor doubt as to who are now electors and entitled to vote ín this state. There is no room for construction, because the languaee is so plain and clear as to admit of no construetion. This section as arnended expressly, in terms, provides who shall be electors. lt fulluws tliat those wbü do not come within oue of the provisions of this section, are not quiiliñed electors and cannot vote. There is but one question that has been presented in ihe inany letters wliich I have received on this subject, and that is as to how this section of eonstitution, as améoded, aiïects male inliabltants of foreign birih in this state. The questiou is asked, 'must a foreigner becoine a f uil American citizen before he can vote in this state," and second, if so, does this atïect male inhabitants of foreign birth, who, before this section was amended, have been electors V In other words, are any foreigners by this sectiou as amended, diafranchisedi1 My answer to this question is this: No male inhabitant of foreign birth now residina in this state, can vote at any election held in this state, until he shall become a citizen of the United States; and a maje inhabitantof foreign birth, who may have been a qualiöed elector last November, cannot vote next spring unless he shall be, by that time, a citizen of the United States: Provided, of course, that he does not come within the express constitutional exception, viz.: A resident of two years and six months prior to the 8th day of November, 1894, and his having made a declaration of his inteution to become a citizen of the United States, two ytars and six months prior to said last named date. In such a case, of course, such an inhabitant of foreign birth can continue to vote. Before this amendment all that was required of a foreigner. who carne to to this state,wasaresidence therein of two years and a half, and a declaration of his intention to become a citizen of the United States six months preceding an election: So that, for example, auy foreigner who had come to this state to live, two years and six months preceding the last general electiou, in November, and had declared his intention of becoming a citizen six months preceding said election, became thereby a qualiíied elector; but now, by reason of the amendment, all this is chiinged and such a person is no longer an elector - he can no longer vote, nor can any other foreigner vote in this state, who liad not declared his intention to become a citizen of the United States, two years and six months preceding the 8th day of November, 1894. lt by no means 'ollows that he is peraianently disfranihised; he simply must wait until he beoomes a citizen of the United States, and then he can agaui vote. As is well known, a foreigner can become a full American citizen, othei conditions being complied with, by actually residing in the United States at least tive years. This amendment is as simple and clear as possible. lt simply establishes as the constitutional condition precedent to the enjoyment of the elective franchise, that a foreign born inhabitant shall wait un til he becomes a full American citien, bel'ore he shall be allowed the privilege of voting in this state. While many seem to underderstand this and have no difliculty in reaching this conclusión, they inquire: "Ís it possible that this amendment can be made to relate back aud coinpel male inhabitants of foreign birth, who have once voted in this state, to give up that privilege, and not vote again until they become full American citi.ens, - is not this in the nature of an ex post facto or retroactivo law?" My answer is: There are no limitations upon the power of the people to amend or revise their constitution. in any way or at any time they so determine, except as that power is limited by the constitution of the United States'. The people of the state have the absolute legal right to determine tbr theinselves the qualih'cations of electors. :md to determine what they shall place in their organic law. TÍie rule is settled, that the people, vvhen called upon to vote upon a. proposed amendment to their constitution. are not obliged, like legislativo bodies, to look caref ully to the preservation of vested rignts; they have the absolute power to determine what1 principies are best calculated to produce good government, to promote the public welfare, and to secure the Hafety ot the state. Buttberefs nothing in the sbape of vested rigbts secured by consUtutional enactweni, relative to the electiva franchise. Farticipation in the eleetive francbise is a privilege, ratiier than a riglit; and it is granted or denied, on the grounds ol' public policy. As I bave already said, exeept na liiuited by the national constitution, Uie wbole subject of tht regultiii of elections, incJudiug tlie piacribing ol qualilications ïor suñ'rage, is left to the several stales. The peopíe declare in tbeir state constitiiiions wlio sball be qiiablied eleètors, tuit tlie power to aineud or revise tiieir constiÈutiona still leaiains in tbe great body of the people in an organizcil bódy politie, vvho, benig vetsted witb ultímate aove reignty añil tlie source of all state authority, bave power to atnend, at will, tbe constitution wbicb tbey have made. The people bave tbe power, and it is tor thein to determine when and under wbat tiicumstances tbey will exercise it. [n tbis case, the people of the State of Michigan, by an overwhelming majority, bave deiermined wbo shall be qualified eleètors. Tbey have placed tbeir decree in tbe constitution of tbe state, and trom tnat decree there is 110 appea!, and there it must stand as Ihe supreuie law, to be obeyei! by all. Yours trulv. Auomey General.