United States v. Reese

1. Unfortunately, the majority opinion does not provide much in the way of the facts of this case nor does it mention the law pursuant to which certain former slaves were denied the ability to cast a vote in Kentucky.  Here is the ordinance at issue.

By the charter of the city of Lexington, it is provided that a tax shall be levied on each free male inhabitant of twenty-one years of age and upwards, except paupers, inhabiting said city, at a ratio not exceeding one dollar and fifty cents each. Sess. Laws 1867, p. 441.

Such citizens, without distinction of race, color, or previous condition of servitude, in order that 'they may be entitled to vote at any such election, must be free male citizens “ over twenty-one years of age, have been a resident of the city at least six months, and of the ward in which he resides at least sixty days, prior to the day of the election, and have paid the capitation-tax assessed by the city on or before the 15th of January preceding the day of election.” 2 Sess. Laws 1870, P-7L. (emphasis mine)

2. Here is my attempt at a quick rewrite of Section 3 and 4 of the Enforcement Act of 1870 in an effort to put those statutes in a more modern form.

Subsection 1: Definitions

(1) " applicable authority" means the constitution or laws of any State, or the laws of any Territory;

(2) "voting prerequisite" means any act that is or shall be required to [be] done by any citizen as a prerequisite to qualify or entitle him to vote

(3)  "voting official" means a person or office charged with the duty of receiving or permitting a voting prerequisite to be performed

(4) "election official" means any judge, inspector, or other officer of election whose duty it is or shall be to receive, count, certify, register, report, or give effect to the vote of a citizen 

(5) A "voting offense" means an attempt to hinder, delay, prevent, or obstruct a citizen from doing any act required to be done to qualify him to vote or from voting at any election

(6) "Unlawful means" means force, bribery, threats, intimidation or other unlawful means

Subsection 2: Wrongful Conduct of Voting Officials

Whenever, under the applicable authority, a citizen offers to perform a voting prerequisite and a wrongful act of omission of a voting official prevents that voting prerequisite from being executed, the citizen shall be permitted to vote to the same extent as if the citizen had performed the prerequisite.

Subsection 3: Wrongful Conduct of Election Officials

An election official who fails to give effect to the vote of a citizen otherwise qualified who

(a) performed a voting prerequisite or

(b) who failed to perform a voting prerequisite because of the wrongful act of a voting official

shall pay be guilty of a misdemeanor and on conviction thereof shall be fined not less than $500 and/or be imprisoned between one month or one year. Such election official shall also pay $500 plus reasonable attorneys fees to each person aggrieved thereby.

Subsection 3: Punishment of Voting Offenses

Any person who by unlawful means commits a voting offense shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than $500 and/or be imprisoned between one month or one year. Such person shall also pay $500 plus reasonable attorneys fees to each person aggrieved thereby.