Mode of deciding where candidates e. qual. nate. will take the poll faithfully and impartially: He shall deliver a poll-book to each writer, who by ruling lines theron, having made as many columns as there shall be candidates, shall enter the name of each candidate in a distinct column at the head thereof, and under his name in the same column the name of every elector, who shall vote for that candidate; and after the names of all the electors who will give their votes (proclamation having been made three times at the door of the court-house, or other place of holding such election, by the officer requiring those who had not been polled, to come in and give their votes) shall have been thus entered, he shall conclude the poll, and declare the candidates for whom the greatest number of votes shall appear to have been given to be elected; or if the greatest number of votes for several candidates shall be equal with one another, he may declare which of the candidates he will elect. If the number of votes for Meeting of several persons to be a senator be equal, and the votes returning of of the returning officers be equal also, it shall be de- ficers for secided by a lot taken by the said returning officers at their meeting, which shall be within twenty days after the last day of election, at such place as shall be appointed by the returning officer of the first county in which such election shall be, who is hereby commanded forthwith to give notice to the returning officers. No elector shall be admitted to poll a second time, at No elector to one and the same election, although at the first time he shall have given but a single vote. If the electors who When polls appear, be so numerous that they cannot all be polled may be kept before sun-setting: or if by rain or rise of water-courses, open. many of the electors may have been hindered from attending, the sheriff, or under sheriff, may by request of any one or more of the candidates, or their agents, adjourn the proceeding on the poll until the next day, and so from day to day for four days (Sundays excluded) if the same cause continue, giving public notice thereof by proclamation at the door of the courthouse, or other place of holding such elections, and shall on the last day of the election conclude the poll according to the directions aforesaid. On complaint to either hose of assembly of an undue election, or re- lections, how turn of any member to their house, such house shall tried. forthwith appoint some day for trying the same, as shortly as shall be consistent with fair enquiry, but not vote twice. Contested e. If, on scruti. ny, votes equal, how de cided. within less than fourteen days after such complaint lodged, whereof notice shall be given by the speaker to the party against whom the complaint is, if he be absent; which day of trial may be lengthened from time to time, on good cause shewn to the house, and notice to the absent party. On the day appointed for the trial, the committee of privileges and elections shall proceed on the said disputed election, and report to the house of which they are members, their opinion thereon, before they proceed to any other business, and the said house shall, on receipt of the said report, immediately proceed to determine thereon, and either confirm or disagree to such report, as to them shall seem just. If any person sworn before the said committee, shall give, or withhold, any evidence under such circumstances as would have constituted the same to be perjury, if done in presence of a court of record, the same shall be deemed perjury. IV. If upon any such trial it shall appear that equal numbers of qualified electors shall have voted for the petitioner and the sitting member, and the officer who conducted the election shall swear or solemnly affirm that if such equality had appeared at the election, he would have declared the petitioner elected, such petitioner shall be deemed duly elected; and his name instead of the name of the sitting member, which shall be erased, shall be inserted in the certificate or return. No elector shall be polled before he shall have declared, if required to do so by any candidate or his agent, in what right he offers to vote, and shall have taken an oath, which the officer conducting the election shall administer, or make a solemn affirmation in this form! Oath of elec. "I do swear (or do solemnly affirm) that I do in my conscience believe myself to be duly qualified to vote for delegates to serve in general assembly for the county of according to the act of general as tors. Names of e sembly, intituled An act of which oath or affirmation a note shall be made in the poll-book opposite, and referring to the name of the person swearing or affirming.. V. The making such oath or affirmation falsely, lectors refus- shall be perjury. The names of electors offering to be ing such oath to be entered polled, but refusing to make such oath or affirmation, separately. shall be entered on the poll-books in separate lists, with the names of the candidates for whom they voted, and shall be added to the poll, if, upon a scrutiny the votes be justified. VI. The sheriff or under sheriff shall certify the elec- Form of cer tion of delegates in this form, or to this effect: "Be it tificate of eknown to all to whom these presents shall come, that I lection of dev deputy of in my full county, ) on sheriff (or sheriff) of the county of held at the court-house thereof (or at the Lord day of in the year of our by the electors of my said coun ty, qualified according to law, caused to be chosen two delegates for my said county, namely and to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid." election of a Be it known VII. The mayor of a city or borough entitled to particular representation, shall certify the delegate in this form, or to this effect:" to all to whom these presents shall come, mayor of the city (or borough) of house of (or at day of the that I at the court ) in the said city, (or borough) on in the year of our Lord by the electors of the said city (or borough) qualified faccording to law, caused to be chosen a delegate for the said city (or borough) namely, to repre sent the same in general assembly. Given under my hand and seal, the day and year aforesaid." legate. For a city or borough. VIII. The sheriffs, or under sheriffs of the several For a senator counties of a district, shall certify the election of a sen ator in this form or to this effect: Be it known to all to whom these presents shall come, that we full counties held at the court houses thereof (or at the year of our Lord, in by the electors of our said respective counties, qualified according to law, caused to be chosen a senator for the district composed of the said counties, namely, the same in general assembly. Given under our hands and seals, the day and year aforesaid." cies. Returns of IX. The officers directed to make such certificates of elections, elections as aforesaid, shall cause them to be delivered, when to be made. those of delegates, to the clerk of the house of delegates, and those of senators, to the clerk of the senate, one day at least before the succeeding session of geneElections to ral assembly. For election of a delegate or senator, supply vacan- when a vacancy shall happen, a writ or writs shall be issued by the speaker of that house whereof he was a member, but if the vacancy be occasioned by acceptance of an office, the writ or writs shall not be issued, without the special order of the house; and the officer to whom such writ shall be directed, so soon after the receipt thereof as he may be able, shall give the electors notice thereof as well as of the time and place of election, by advertisement to be affixed at four of the most convenient places in the county, and shall cause the election to be made in the manner herein before prescribed, and shall have the same power of adjourning the proceeding upon the poll, as in case of a general election. The return of such writ for electing a delegate or delegates, shall be in this form, or to this effect: Upon the writ shall be endorsed these, or the Certificate, like words: "The execution of this writ appears in a schedule hereunto annexed;" and on another paper annexed to the writ shall be written, if the writ be for the election of a delegate for a county, these or the like words, "By virtue of this writ to me directed, in my full county held at the courthouse thereof (or at--) on the day of in the year of our Jord, -, by the electors of my said county, qualified according to law, I caused to be chosen a delegate (or two delegates) for my said county, namely, —, to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid.” And if the writ be for the election of a delegate for a city or borough, these, or the like words, "By virtue of this writ to me directed, at the court-house of the city of (or borough of on such elec. tion. or at on the day of , in the borough of in the year of our Lord, , by the electors of the 'said city (or borough) qualified according to law, I caus- the writs for electing a senator shall be in this form, or to this effect: Upon each writ shall be endorsed, these, or the like words, "The execution of this writ appears in a schedule hereunto annexed;" and on another paper connecting the several writs together, shall be written these, or the like words, "By virtue of these writs to us directed, in our full counties, held at the court-houses thereof respectively (or at) on the day off, in the year of our Lord, by the electors of our said respective counties, qualified according to law, we caused to be chosen a senator for the district composed of our said counties, namely, mikki, makita, to represent the same in general assembly. Given under our hands and seals, the day and year aforesaid." ty. Returns. X. And the officers conducting the elections, shall make their said returns to the general assembly, if it be sitting, immediately, or if it be not sitting, one day at least before the time to which the writ shall be returnable. A sheriff, under sheriff, or mayor, refusing Penalties on to take the poll when he shall be required by a candi- sheriffs, for breach of dudate, or elector, or taking it in other manner than is herein before prescribed, or making a false certificate or return of the election of a member or members to serve in the general assembly, or neglecting to cause the certificate or return of such election to be made to such clerk, and at or before such time as is herein before directed, shall forfeit and pay one hundred pounds; and neglecting to deliver the poll-books to the clerk of the court, to whom, and before the expiration of the time within which they are herein before directed to be delivered, or refusing to suffer any candidate or elector, at his own expence, to take a copy of the poll-books, shall forfeit and pay fifty pounds; which penalties may be recovered with costs in actions of debt, by any person who will sue for the same, one half to his own use, and the other half to the use of the commonwealth.Any person hereafter to be elected to serve in the gene- Bribery at ral assembly, who shall directly or indirectly give or elections. agree to give any elector or pretended elector, money, meat, drink, or other reward, in order to be elected, or for having been elected, for such, or any other county, city, or borough, shall be expelled and disabled to be re-elected during the term of three years. XI. The privilege of members of the general assem- Privilege of bly shall continue during every session, and one day members. |