A Treatise on the American Law of Elections

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R.B. Ogden, 1880 - 545 sider

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The question of residence discussed
38
Same
39
Same
40
Soldiers not acquire residence at military posts
41
As to residence of paupers
42
voters
43
Same
44
Same
45
Of residence in voting precinct
46
Of casting vote in case of tie in certain cases
47
Of voting by proxy
48
Voters privilege from arrest
49
Idiots and persons non compos mentis have no right to vote
50
51 Rights of citizens of acquired territory
51
Persons living on Indian reservations
52
Same
53
Of the law regulating naturalization 05 Power of State Courts in matters of naturalization 56 Application for naturalization to be made in open court
56
Of children of naturalized citizens born abroad
57
Of Soldiers long quartered in a particular place
58
Meaning of the words heads of families 60 Meaning of the words possessed of an estate of freehold in land
60
Meaning of statute requiring assessment on voter of a part of the revenue of the commonwealth
61
Persons voting without complying with the law presumed dis
62
Constitutional provisions conce cerning voters apply to all elections
63
Of test questions put to voters
64
Legislature cannot add to constitutional qualifications of voters
65
Of test oath of voters
66
Act authorizing Governor to set aside registration held uncon stitutional
67
Conviction of desertion necessary to disqualify voter
68
As to the regulation of an election by statute
69
Further as to residence within a military reservation
70
Domicil of unmarried
71
Legislatures cannot add to the constitutional qualifications of an officer
72
Constitutional provisions concerning idiots and lunatics
73
Effect upon the right to vote of pardon by the Governor
74
Validity of acts of officers de facto
75
Same
76
Same
77
Same
78
Same
79
Acts of a mere usurper void
80
Duties of canvassing officers ministerial
81
But they must decide from the face of the papers what are returns
82
Canvassing officers may not go behind the returns
83
Effect of an offer to register 12 Act of Congress of May 31st 1870 construed 13 Same
86
Acts of officer within the scope of his authority prosumed correct
87
Statute fixing time for performance of official act directory
88
Effect of the adoption of an erroneous rule as to qualifications of voters
89
Effect of a division of an election district
90
Of the adjournment of an election under statute
91
Same
92
No power to recount ballots
93
Canvassing board cannot reconvene after final adjournment
94
Board may refuse to administer oath to voter who admits dig qualification
95
Further as to recount of ballots
96
Amended return under Massachusetts
97
Certificate of election must be based on full canvass
98
Governor of a State not an election officer
99
Use of registration test by officers of election
100
Duty to fix sufficient voting places
101
Same
102
Time of closing polls 104 What certificate to returns c may contain
104
Election board once dissolved is functus officio
105
Inspectors have no control over ballot after its deposit in
106
Amendment of record of election
107
Only one ballot box in a precinct allowed unless more are ex pressly authorized
108
Validity of elections in military camps
109
Same
110
Power of legislature to fix time and place for the election of a representative in Congress
111
Power of constitutional convention
112
Power of legislature where constitution does not fix place of voting
113
Statutes relating to time and place mandatory
114
What variation from place fixed will vitiate election
115
115a ght variation of place nọt fatal 116 As to form or manner of giving notice of election
116
Actual notice when acted upon by all the electors generally suffi cient
117
In what cases proclamation or public announcement necessary
118
Want of formal notice not necessarily fatal
119
Distinction between general and special elections in regard to notice required
120
Statutory regulation necessary to validity of election
121
As to change of place by vote of town meeting under statute of New York
122
Mere irregularities in elections may be disregarded
123
Same
124
Same
125
What are to be deemed directory provisions of
126
Same
127
Electors not to suffer by irregularities of their agents
128
Same
129
Effect of placing ballots in wrong box by mistake
130
Same
131
In what cases mistakes of election officers will be corrected
132
Same
133
133a Inspectors have no control over ballot after it is deposited in box 134 Effect of adopting erroneous rule in regard to qualifications of voters
134
When want of notice will vitiate election
135
Same
136
As to notice of election to fill vacancy
137
Same
138
Same
139
As to opening and closing polls
140
Votes cast after legal hours when rejected
141
Same
142
Power of Congress to regulate election of representatives
143
Statute fixing time for making return directory
145
As to contribution of money for election purposes in violation of statute
146
Same
147
147a All votes obtained by bribery or improper influence illegal 148 As to offering consideration to the people of a county or commu nity to secure ...
148
As to wager upon the result of an election
149
Same
150
As to status of citizens of acquired territory
151
What questions may be submitted to a popular vote
152
Same
153
Same
154
Certificate of election upon partial canvass void
155
Parol proof to show fraud in a return
156
Duplicate returns
157
Return signed by minority of board not good
158
Law requiring two boxes held directory
159
Transmission of return by private conveyance instead of through the mail
160
The legislature cannot reconsider the election of a senator
161
As to the adjournment of an election under statutory authority
162
Ballots for state and federal officers must be deposited at same
163
As to manner of electing United States Senators
164
Both Houses of the legislature must participate in such election
165
As to return of votes unsealed
166
Incorrect spelling of candidates name in return
167
Omission of the word junior from the candidates name
168
Effect of tie vote
169
As to validity of act providing for decision of election by lot in case of
170
Refusal of proper officer to issue certificate of election
171
Election of member of Congress in anticipation of admission
172
Effect of forming state government of a part of an organized territory upon the remainder
173
As to unsigned return
174
As to irregularity which does not affect result
175
In whiat cases Governor of State may fix time and places of hold ing congressional elections
176
The House of Representatives may validate an illegal election of representative
177
As to power of military governor in certain cases
178
Effect of changing congressional districts
179
Same
180
Meaning of statute requiring votes to be cast in the presence
181
As to exclusion of by failure to open polls
182
Meaning of the phrase majority of voters of a county
183
Effect of fraud by managers of election which does not effect result
184
Discrepancy between number of ballots in box and the names on poll list
185
Special election when not within the provisions of registry
186
Meaning of words general election
187
Same
188
Effect of voting for one commissioner when two are to be elected
189
Disregard of mere police regulations
190
The right to elect county officers and to vote for state officers cannot be taken from people of a county
191
Contracts for the purpose of corrupting conventions or primary elections void
192
Contract to assist a candidate for a consideration void
193
Secrecy of the ballot
194
Same
195
As to proof of contents of ballot
196
A plurality of votes will generally elect
197
As to expulsion of overseers from place of voting
198
What irregularities and disregard of requirements of law will vitiate elections
199
As to mandatory and directory provisions of election laws
200
Statutory regulation of Senatorial election
201
Recognition of State government by Congress
202
Joint meeting of legislature for election of senator may be ad journed
203
Of the right to office pending contest
204
Form of credentials
205
Certificate of election by whom signed
206
In the absence of statute governor of State may certify election of Representative in Congress
207
What certificate must show
208
Commission confers vested right
209
But may be set aside on regular contest
210
Governor cannot ordinarily go behind returns to investigate fraud nor revoke his commission 912 Same
211
Ministerial or executive officer cannot excrcise judicial functions
213
Cases where neither claimant holds certificate 215 Same
215
Such certificate can only be attacked by regular contest
222
Same
280
evidence
281
Immaterial allegations will be stricken out on motion
282
Certainty to a common intent only required
283
Amendment of pleadings
284
Amendments should be made instanter
285
285a Statutory proceeding must be followed 286 Failure of one of several precincts to hold an election
286
Legislative body will not go behind returns in the first instance
287
As to trial by jury in contested election cases
288
Same
289
Returns may be impeached upon a quo warranto
290
Tally sheet admissible in evidence
291
Poll list though not signed admissible in evidence
292
Circumstantial evidence admissible to show for whom a voter has voted
293
Presumption in favor of legality of votes actually cast
294
Jurisdiction in contested election cases
295
Appointment in writing of person to deliver returns not necessary
296
Illegal voter may be compelled to disclose for whom he voted
297
Rule in cases where illegal votes are cast and it cannot be ascer tained for whom they were cast
298
Same
299
Same
300
As to compelling illegal voter to disclose for whom he voted 302 As to what disregard of law will vitiate returns
302
Same
303
Same
304
Failure of officers to be sworn not fatal but in connection with fraud may
305
Ordinary rules of evidence apply
306
Effect of statute authorizing any elector to contest
307
Right of person elected to recover fees and emoluments from intruder
308
Same
311
Marked ballots not to be rejected unless statute so requires 313 Federal authorities follow those of the State in construing State constitution and laws
313
Names of illegal voters need not be stated in petition under
315
the sheriff
316
But will lie to restrain the receipt of illegal votes in certain cases
320
of Wisconsin
324
But not where there is a contest
326
Official census of population admissible in evidence
331
Will not lie to control discretionary functions
332
Same
338
Samne
344
Likcwise the land list prepared under statute of Virginia
352
Same
353
Testimony must be taken in the time prescribed unless otherwise ordered by the llouse
354
Certain records held admissible to show who were freeholders 356 Proof of nonresidence of persons who have voted
356
Proof of service of notice of contest
358
Failure to answer notice in House of Representatives not a con fession of its truth
359
Same
360
Exclusion of persons elccted to congress during the rebellion be cause of disloyalty
361
Record evidence in contested election cases House of Represen tatives
362
Tally sheets kept under statute admissible in evidence
363
Returns not void for want of oath of election officers
364
What is a sufficient impeachment of return
365
Same
366
Where place of voting was not generally known election held void
367
Such decision only prima facie evidence in a contest before the House
370
Certain rules of evidence stated
371
Presumption in favor of decision of election judges
372
Jurisdiction of legislative body over election and qualifications of its own members
373
Actions in most of the states are in the nature of a quo warranto at coinmon
374
In what cases jurisdiction of courts is taken away 376 Board of contests under statute of Kentucky must be composed of disinterested persons
376
In computing time for giving notice of contest it is proper to in clude the first and exclude the last
377
The courts will not interfere with the governor and council in the matter of opening and comparing votes under the law of Maine
378
Title to an office may be tried at any time during the term
379
Of the adınissibility of the election papers as evidence
380
As to continuance of postponement of contested election cases
381
Proceedings in quo warranto inust be instituted by a public officer
382
As to votes excluded by polls being closed too soon 884 As to form of verification of grounds of contest
383
As to mode of proceeding in contested election case before legis lative body
385
Legal roter may waive privilege and testify as to how he voted
386
The law encourages investigation as to correctness of election returns
387
As to admissibility of ballots themselves in evidence
388
Jurisdiction in case of contest for the office of governor
389
Further as to right of trial by jury in contested election case
390
As to proof of votes when return is set aside
391
Not necessary to prove that election officers participated in fraud
392
Care of ballots prior to canvass
393
Practice in cases of contested election in House of Representa tives
394
Incorrect spelling of candidates name
395
Admissibility of evidence to explain ambiguous ballot
396
Same
397
397a Accidental loss or destruction of ballots cast 398 Ballot containing two names when but one is to be voted
398
Ballot containing more names than are to be voted for void
399
Marking ballots in violation of statute
400
Distinguishing marks upon ballot in violation of statute
401
Same
402
Effect of statute regulating size and form of ballots
403
What are distinguishing marks or embellishments
404
Various imperfections considered
405
Power of Congress under Fourteenth Amendment considered 18 Power of Congress under recent amendments to protect the right to vote
406
Evidence aliunde admissible to explain but not to contradict ballot
407
Writing must prevail over print in ballots
408
Same
409
Court may consider surrounding circumstances in ascertaining voters intent if ballot is ambiguous
410
What will amount to erasure of name upon ballot
411
Printed ballot good under law requiring ballots to be written
412
Numbering ballots held to be unconstitutional
413
Ballot is good if substantially according to statute
414
Special elections when governed by general laws
415
Election materially interfered with by violence c should be set aside
416
member
417
Interference by the military with freedom of election
418
Same
419
Troops may be stationed in the vicinity of an election
420
Interference by troops with an election
421
Rules regarding use of troops stated
422
House of Representatives bound to investigate all charges of in timidation
423
Same
424
Effect of rejection of one of several polls
425
Same
426
Same
427
Same
428
Rules upon the subject stated
429
Requisites of petition setting forth violence and intimidation
430
As to proof of intimidation
431
Importance of maintaining freedom of elections
432
Militia drill not allowed on day of elections in certain States
433
Power of Congress to punish intimidation c in Congres sional elections
434
Return may be impeached for fraud or misconduct of officers or others
436
But true result should be ascertained by other proof if possible
437
Great caution necessary in applying the rule above stated
438
Voters may be called to contradict return
439
Official acts presumed to be honest and correct until the contrary is shown
440
Distinction between frauds by officers and those committed by others without their knowledge
441
Fraud may be shown by circumstantial evidence
442
Admission of unauthorized persons in room with election officers improper but not necessarily fatal to returns
443
Illegal votes cast not fatal to the election unless they effect
444
Those not voting bound by result
445
Votes must be cast in manner provided by
446
If circumstances make it impossible for a majority of the voters to vote the election is void
447
The true rule upon the subject stated
448
All circumstances tending to show fraud may be proven
449
Return made by unauthorized person fraudulent and void
450
Power of Congress under recent amendments to the constitution to punish election frauds
451
Same
452
Same
453
Same
454
454a Same 455 What amounts to fraud in election officer
455
Where largely more votes are cast than the number of legal voters in the precinct the return will be rejected
456
Same
457
In what cases cquity will afford a remedy for frauds in election CHAPTER TEN PROSECUTIONS FOR VIOLATION OF ELECTION LAWS
458
Not necessary to allege that the officers who held the election were legally chosen
459
In an indictinent for illegally voting for governor lieutenant gov ernor and senatus for the district of M it is not necessary to aver that the said district...
460
As to proof to sustain indictment for illegal voting 462 Same 463 Meaning of word wilfully in Massachusetts statute 461 As to proof of nonresidence...
461
As to prouſ that the accused consulted counsel as to his right to vote
465
Officer cannot be punished for inere mistake of judgment
466
Character of question decided by an officer may be considered
467
What will amount to offense at cominon
468
Double voting an offense at common
469
Indictment for voting outside of township of voters residence
470
Not necessary to state what officers were to be chosen
471
Proof of nonresidence of voter
472
Evidence that accused consulted friends as to his right to vote
473
Not necessary to allege that an election was held by the proper officers
474
As to necessity of proving that accused had knowledge of his disqualification
475
Declarations of accused at polls not admissible 477 As to when the act of voting is complete
477
Indictment must advise the accused of the particulars of his offense
478
Same
479
In what cases an indictment is bad though in the words of the statute
480
Same
481
Same
482
Accused cannot set up mere irregularitics in manner of conduct ing election
483
Inspectors in certain cases not bound to administer oath to
487
Same
493
Act of congress regulating contests not imperative upon House
496
Registering officers not liable for honest mistake
499
As to recovery of exemplary damages
505
The rule in Sykes vs Spencer with its limitation stated
518
Each house of Congress may try and punish its members for con
524
Disfranchisement not a cruel or unusual punishment 20 Disqualification for holding office as a punishment for dueling 21 Parol proof admissible to s...
527
Ballots may be referred to to correct mistake in return
531
Repetition of name of candidate on ballot
537

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Side 476 - That all citizens of the United States who are or shall be otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to...
Side 260 - The council shall be the judge of the election and qualification of its own members, subject to review by the courts.
Side 476 - States, to order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special election is held in any State of the United States of America, unless it shall be necessary to repel the armed enemies of the United States, or to keep the peace at the polls.
Side 83 - ... that it is bona fide his Intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly, by name to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject.
Side 498 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.
Side 484 - That in each State entitled under this apportionment, the number to which such State may be entitled in the Fifty-third and each subsequent Congress, shall be elected by districts composed of contiguous territory, and containing, as nearly as practicable, an equal number of inhabitants.
Side 122 - States and not a member of any tribe, shall be an elector and entitled to vote ; but no citizen or inhabitant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote ten days, next preceding such election...
Side 492 - Senate or, if he be absent from the seat of government, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of government.
Side 477 - That if any person, by force, bribery, threats, intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, delay, prevent, or obstruct, any citizen from doing any act required to be done to qualify him to vote or from voting at any election...
Side 484 - Senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a Senator is elected.

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