An Act to Regulate the Elective Franchise in the District of Columbia – 39th Congress, 2nd Session, Chapter 6, Stat. 375, Enacted by a Veto Override on 01/08/1867

An Act to Regulate the Elective Franchise in the District of Columbia – 39th Congress, 2nd Session, Chapter 6, Stat. 375, Enacted by a Veto Override on 01/08/1867
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After being introduced nearly a year earlier and surviving a veto by President Johnson, the text & scans below show the final version of the law, including the veto override.

Scan of the original legislation from the Library of Congress

39th Congress, 2nd Sess., ch. 6 Stat. 375

CHAP. VI – An Act to regulate the elective Franchise in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passage of this act, each and every male person, excepting paupers and persons under guardianship, of the age of twenty-one years and upwards, who has not been convicted of any infamous crime or offense, and excepting persons who may have given aid and comfort to the rebels in the late rebellion, and who shall been born or naturalized in the United States, and who shall have resided in the said District for the period of one year, and three months in the ward or election precinct in which he shall offer to vote, next preceding any election therein, shall be entitled to the elective franchise, and shall be deemed an elector and entitled to vote at any election in said District, without any distinction on account of color or race.

SEC. 2. And be it further enacted, That any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall wilfully refuse to receive, or who shall wilfully reject, the vote of any person entitled to such right under this act, shall be liable to an action of tort by the person injured, and shall be liable, on indictment and conviction, if such act was done knowingly, to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year in the jail of said District, or to both.

SEC. 3. And be it further enacted, That if any person or persons shall wilfully interrupt or disturb any such elector in the exercise of such franchise, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined any sum not to exceed one thousand dollars, or be imprisoned in the jail in said District, and fed on bread and water, only, for a period not to exceed thirty days, or both, at the discretion of the court.

SEC. 4. And be it further enacted, That it shall be the duty of the several courts having criminal jurisdiction in said District to give this act in special charge to the grand jury at the commencement of each term of the court next preceding the holding of any general or city election in said District.

SEC. 5. And be it further enacted, That the mayors and alderman of the cities of Washington and Georgetown, respectively, on or before the first day of March, in each year, shall prepare a list of the persons they judge to be qualified to vote in the several wards of said cities in any election; and said mayors and alderman shall be in open session to receive evidence of qualification of persons claiming the right to vote in any election therein, and for correcting said list, on two days in each year, not exceeding five days prior to the annual election for the choice of city officers, giving previous notice of the time and place of each session in some newspaper printed in said District.

SEC. 6. And be it further enacted, That on or before the first day of March the mayors and aldermen of said cities shall post up a list of voters thus prepared in one or more public places in said cities, respectively, at least ten days prior to said annual election.

SEC. 7. And be it further enacted, That the officers presiding at any election, shall keep and use the check-list herein required at the polls during the election of all officers, and no vote shall be received unless delivered by the voter in person, and not until the presiding officer has had opportunity to be satisfied of his identity, shall find his name on the list, and mark it, and ascertain that his vote is single.

SEC. 8. And be it further enacted, That it is hereby declared unlawful for any person, directly or indirectly, to promise, offer, or give, or procure or cause to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to any person with intent to influence his vote to be given at any election hereafter to be held within the District of Columbia; and every person so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, or imprisoned not exceeding two years, or both, at the discretion of the court.

SEC. 9. And be it further enacted, That any person who shall accept, directly or indirectly, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to influence his vote at any election hereafter to be held in the District of Columbia, shall, on conviction, be imprisoned not less than one year and be forever disfranchised.

SEC. 10. And be it further enacted, That all acts and parts of acts inconsistent with this act be, and the same are hereby repealed.

SCHUYLER COLFAX
Speaker of the House of Representatives.

LA FAYETTE S. FOSTER
President of the Senate, pro tempore.

IN SENATE OF THE UNITED STATES
January 7, 1867.

The President of the United States having returned to the Senate, in which it originated, the bill entitled “An act to regulate the elective franchise in the District of Columbia,” with his objections thereto, the Senate proceeded in pursuance of the Constitution to reconsider the same, and

Resolved, That the said bill do pass, two thirds of the Senate agreeing to pass the same.

Attest:
J.W. FORNEY
Secretary of the Senate

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
January 8, 1867.

The House of Representatives having proceeded, in pursuance of the Constitution to reconsider the bill entitled “An act to regulate the elective franchise in the District of Columbia,” returned to the Senate by the President of the United States, with his objections, and sent bu the Senate to the House of Representatives, with the message of the President returning the bill:

Resolved, That the bill do pass, two thirds of the House of Representatives agreeing to pass the same.

Attest:
EDWD. McPHERSON
Clerk

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