matter or things situated in any city or borough, said publication shall be in two of the newspapers published in said city or borough, if so many there be; and if there be but one a publication in that one shall be deemed sufficient; if there be no newspaper published in said city or borough, then by publication in the newspaper or newspapers of the county in which said city or borough is located, as provided in the first section of this act. CONDENSED ABSTRACT OF ELECTION LAWS. [Prepared expressly for Smull's Legislative Hand-Book, by Honorable FRANCIS JORDAN, late Secretary of the Commonwealth.] I. THE CONSTITUTION. Art. I, Sec. 5. Elections shall be free and equal, ante, p. 62. Art. VIII, Sec. 1. Qualifications of voters, ante, p. 96. Sec. 2. Time of holding general elections, ante, p. 96. Sec. 3. Time of city, ward, and borough elections, ante, p. 96. Sec. 4. All elections by ballot, and ballots numnumbered, ante, pp. 96-7. Sec. 5. Electors privileged from arrest, ante, p. 97. Sec. 6. Electors in military service may vote, ante, p. 97. Sec. 7. All laws regulating elections to be uniform, and non-registry of voter not to deprive of vote, ante, p. 97. Sec. 8. Bribery to deprive of right to vote, ante, p. 97. Sec. 9. Effect of bribery by candidates, ante, p. 98. Sec. 10. Electors not permitted to withhold evidence, ante, p. 98. Sec. 11. Prescribes and defines election districts, ante, p. 98. Sec. 12. All elections by representatives shall be viva voce, ante, p. 99. Sec. 13. Defines how residence shall not be gained or lost, ante, p. 99. Sec. 14. Prescribes how election boards shall be composed, ante, p. 99. Sec. 15. Qualifications of election officers, ante, p. 99. Sec. 16. Courts to appoint overseers, ante, p. 100. Sec. 17. Tribunals to determine contested elections, ante, p. 100. Art. IV, Secs. 2, 3, 4, 5, 6. Mode of electing Governor and Lieutenant Governor, and who eligible, ante, pp. 79, 80. Sec. 21. Terms and eligibility of Secretary of Internal Affairs, Auditor General, and State Treasurer, ante, p. 85. Art. V, Sec. 2. Election of Judges of Supreme Court, ante, p. 86. Secs. 5, 12, 15. Election of other judges, ante, pp. 86, 89, 90. Sec. 11. Election of justices and aldermen, ante, p. 89. Sec. 25. Vacancies, by death, or otherwise, ante, p. 93. Art. XIV, Sec. 1. Declares who shall be county officers, ante, p. 106. Sec. 2. Election and term of county officers, ante, p. 106. Sec. 7. Manner of electing county commissioners and auditors, ante, p. 107. II. ACT OF ASSEMBLY. 1. Registry Laws. The registry laws are the acts of January 30, 1874, (P. L. 31,) February 13, 1874, (P. L. 44,) and the last twenty-two sections of act of April 17, 1869-the first twenty sections of which having been supplied by the act of 1874. (P. L. 1869, p. 49.) The following is an abstract of the main provisions of the act of 1874, as to registry: Sec. 1. Duties of assessors to make alphabetical lists, p.31. Sec. 2. Duties of county commissioners and assessors, p.32. Sec. 3. Return of extra assessments, p. 33. Sec. 21. Act of 1869. Establishes Board of Aldermen for Philadelphia, p. 56. Sec. 22. Meetings and organization of said board, p. 56. Sec. 23. Appointment and qualifications of canvassers, p. 56. Sec. 24. Appointment of officers to conduct elections, p. 56. Sec. 25. Judges of common pleas to revise appointments, p. 57. Sec. 26. Provisions on neglect of canvassers to serve, p, 57. Sec. 31. Meetings of canvassers, and duties, p. 61. Sec. 35. Proofs by persons of foreign birth, p. 62. Sec. 36. Canvassers may strike names from lists, pp. 62, 63. Sec. 37. Registry to be evidence of residence, p. 63. Sec. 38. Penalty for fraudulent attempts to register, p. 64. Sec. 39. Canvassers and election officers to be sworn, p. 64. Sec. 40. Form of tickets, and manner of voting, p. 65. Sec. 41. Duties of city councils and city commissioners a Philadelphia, p. 65. Sec. 42. Further duties of, to furnish lists, p. 65. Sec. 1. (Act of February 13, 1874.) Further duties of assessors, p. 44. Sec. 24. (Act of January 30, 1874.) City commissioners to perform duties of county commissioners, p. 42. 2. Manner of Conducting Elections. What is known as the General Election Law, was approved July 2, 1839, P. L. 1838-9, pp. 519 to 558. It remains in force, except such portions as are changed by the new Constitution of 1873, and by the registry and other laws since enacted, the principal of which, not herein before referred to, are the following: Sec. 4. (Act of January 30, 1874.) Appointment of overseers, p. 33. Sec. 5. Time fixed for opening and closing polls, p. 34. Sec. 8. Duties of judges and inspectors at polls, p. 34. Sec. 10. What proofs required of persons not on lists, p. 35. Sec. 11. Right of challenge, and proofs to overcome, p. 36. Sec. 12. Penalties of board for neglecting to require proofs, p. 37. Sec. 13. Method of counting votes and making returns, pp. 37, 38, 39. Sec. 15. When judges, inspectors, and assessors to be elected, p. 39. Sec. 17. Power to administer oaths, p. 40. Sec. 18. Taxes not to be assessed within sixty-one days of election, p. 40. Sec 19. Penalty for neglect of duty by election officers, pp. 40, 41. Sec. 20. Penalty for fraudulent issue of naturalization papers, p. 41. Sec. 21. Penalty for false swearing on same, p. 41. Sec. 22. Secretary of Commonwealth to prepare blanks, p. 42. Sec. 23. Same laws applicable to all elections, p. 42. Sec. 2. (Act February 13, 1874.) How returns of townships and boroughs made, p. 44. Sec. 3. Certificates of naturalization and tax receipts evidence, p. 45. 8. Apportionments. For the present division of the State into Congressional dis tricts, and the places of meetings of the return judges, act of April 28, 1573.-see Hand-Book, pages 147, 148, 149. The present law apportioning Senators and Representatives for the State Legislature, is the act of May 19, 1874.-See HandBook, pages 150-161. 4. Contested Elections. Contested elections are now regulated by the act of May 19, 1874, (P. L. 208,) and the supplements, approved May 8, 1876, (P. L. 148,) and June 12, 1878, (P. L. 204.) III. JUDICIAL DECISIONS. It is believed the decisions of the Courts, upon the registry laws, and under the new Constitution, have never been collected together, and are therefore not accessible; but the following references are given, as throwing much light on the subject: 1. The registry law of April 17, 1869, is constitutional.-Patterson vs. Barlow, 10 Smith, 54. For important decisions of the Courts, as to the manner of conducting elections under the registry laws.-See, in re Duffey's case, 4 Brewster's Reports, 531, and opinion of Judge Harding in Barber's case.-Leg. Int. of September 18, 1874, p. 300. Mandamus will lie against return judges for neglect or refusal to count up returns and make report of results, as required by law; and they have no right to go behind the returns furnished them.- Weakley's case vs. Return Judges of Cumberlend county, 24 P. F. Smith, 479. The act of July 2, 1839, in regard to contested elections of county officers, is still in force, and governs the election of a prothonotary.-In re contested election of Barber. Leg. Int., July 5, 1878, p. 275. Under act of January 30, 1874, persons not registered may lawfully vote without proofs; and this on payment of tax by another for them, if such payment be appropriated at the time to discharge of the tax against the person.-Gillin et al. vs. Armstrong. Leg. Int., July 12, 1878, p. 282. If an election be held without necessity, at a different place from that designated by law, the entire poll must be rejected. Chadwick vs. Melvin. Leg. Int., 1872, p. 77, and Melvin's case, 18 P. F. Smith, 333. |
