Montana Attorney General Opinion 15-548

Opinion No. 548 Elections-Registration of Electors -Residenoo--County Clerk. HELD: The county clerk should not accept the application for registration as an elector of one who is not a resi- dent. at the time of application, who will not ha\'e heen a resident for the required period before the election, and whose application card was made with- out the county. June 6. 1934 It appears that an application for registration as an elector has been filed in the office of the county clerk of your county from which it appears that the applicant for registration is reg- istered in Missoula County; that the application was made before the county clerk of Missoula County; that the ap- plicant was not, at the time of the making of this application and filing same, a resident of your county but that he expected to be a resident of the county prior to the primary elec- tion or thirty (30) days prior to such election, the last point not heing clear from the evidence we ha ye. The question is: Should the appli- cant be registered at this time in yonI' county? Section 555, R C. M., 1921, confines registra tion to residents. Section 55!), R C. M., 1921, permits the registration of those who have not resided in the county or city for the required length of time but who shall have done so a t the time of the election. I do not helieve that this statute contemplates. or would permit, the registration of one prior .to his establishment of resi- dence in your county. As the application card appears to have been made without the county, it is not authorized under Section 557. H. C. M., 1921, as interpreted in 10 Attorney Gencl'Ul's Opinions 11. It is my opinion, therefore, that the county clerk should not accept the rel.,''istration tendered.