A Treatise on the American Law of Elections

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R.B. Ogden, 1880 - 545 páginas

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Greenleaf vs Low 79
102
Amendment of record of election
107
Validity of elections in military camps
109
110 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 Slight variation of place not fatal 116 As to form or manner of giving notice of election
116
Actual notice when acted upon by all the electors generally suffi clent
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
Governing rules as to opening and closing polls stated
142
jiaº Power of Congress to regulate election of representatives 144 OF HOLDING ELECTIONS AND OF NOTICE
144
Statute fixing time for making return directory
145
As to contribution of money for election purposes in violation of statute
146
Same
147
Same
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 73 Effect of forming state government of a part of an organized territory upon the rem...
172
As to unsigned return
174
As to irregularity which does not affect result
175
In what 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 207 In the absence of statute governor of State may certify election of Representative in Congress
206
What certificate must show
208
Commission confers vested right
209
210 But may be set aside on regular contest
210
Governor cannot ordinarily go behind returns to investigate fraud nor revoke his commission
211
Same
212
Ministerial or executive officer cannot exercise judicial functions
213
Cases where neither claimant holds certificate
214
Same
215
All that appears upon face of certificate to be considered
216
Same
217
Erroneous ruling in New Jersey case
218
Canvass cannot be collaterally impeached
219
Injunction will not lie to enjoin use of certificate of election on ground of fraud
220
Such certificate can only be attacked by regular contest
221
But the qualifications of the holder of certificate may be inquired into
222
Certificate of election does not ordinarily cover the ground of due qualification
223
The holder of a certificate of election may voluntarily impeach
224
Recitals in a certificate may destroy its value
225
Qualification for federal and state offices How fixed
226
Qualifications of representatives in Congress
227
State cannot add to or change
228
Disqualification by conviction of infamous crime
229
Acceptanee of office the duties of which require residence out of State
230
Majority being given for ineligible candidate déſes not elect next highest
231
Same
232
Same
233
Same
234
Same
235
In what cases failure to elect a successor vacates office
236
Vacancies in United States Senate How filled
237
Acceptance by member of Congress of disqualifying office
238
Of acceptance by an officer of another incompatible office
239
A commission in the army is an office under the United States
240
Member of Congress elect may hold commission in the army until sworn
241
Same
242
Accepting seat in Congress vacates office previously held 244 How a member of Congress may resign Residence and citizenship as qualifications for ...
244
Nine years citizenship required as qualification for the office of United States Senator
246
Tenure Senator under executive appointment
247
Same
248
Meaning of the word inhabitant as used in the Constitution
249
A representative of this country abroad loses no rights of citizen
250
The legislature cannnot add to qualifications to office
252
An alien not a voter cannot hold office
258
Smith 119
262
Of quo warranto
264
Mallery vs Merrill 145 166
269
Same
271
Reiley 8 18
275
As to preservation of ballots for the purpose of being used
277
Same
280
Requisites of petition to contest an election under statute of Pennsylvania
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
cºuntial evidence admissible to show for whom a voter has voted
293
Presumption in favor of legality of votes actually cast
294
295 Jurisdiction in contested election cases 296 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
301
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
Power of Congress to punish fraudulent registration in congres sional elections
309
Same
311
Marked ballots not to be rejected unless statute so requires
312
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
Mandamus not the proper remedy for obtaining possession of an office
317
Injunction will not lie to restrain counting of illegal votes or issuing certificates of election
318
But will lie to restrain the receipt of illegal votes in certain cases
319
As to mandamus and quo warranto in election cases
320
Mandamus will lie to compel but not to control action by board
321
Will not lie when another adequate remedy is provided
322
Same
323
of Wisconsin
324
In cases of mandamus decision of canvassers will be treated as conclusive
333
Judgment in mandamus not conclusive as to rights of contestants
334
Same
335
Mandamus will lie to compel registration of legal voters
336
Mandamus will lie to compel inspectors to certify the results of an election
337
Same
338
Injunction will not lie to restrain recording of vote because of frauds
340
Notice essential to validity of proceedings in contest
341
As to mode of obtaining evidence in congressional contests
342
Requisites of notice of contest under act of congress
343
Same
344
House of Representatives may send for primary returns if nec essary 346 As to certainty required in notice of contest
346
As to degree of diligence in preparing defense required of sitting
347
Official census of population admissible in evidence
351
Likewise the land list prepared under statute of Virginia
352
ship
353
Testimony must be taken in the time prescribed unless otherwise ordered by the House
354
Certain records held admissible to show who were freeholders
355
Proof of nonresidence of persons who have voted
356
Votes of persons deaf and dumb under statutes requiring votes to be given viva voce
357
Act of congress regulating contests not imperative upon House of Representatives
358
Failure to answer notice in House of Representatives not a con fession of its truth
359
Same
360
Exclusion of persons elected 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 367 Where place of voting was not generally known election held void
367
A state legislature cannot bind House of Representatives by an act making final a decision of a state board
369
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 common
374
In what cases jurisdiction of courts is taken away
375
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 admissibility of the election papers as evidence
380
As to continuance of postponement of contested election cases
381
Proceedings in quo warranto must 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
Legal voter may waive privilege and testify as to how he voted
386
As to admissibility of ballots themselves in evidence 8S9 Jurisdiction in case of contest for the office of governor 890 Further as to right of trial by ju...
392
Care of ballots prior to canvass 394 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 400 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
Repetition of name of office and candidate does not vitiate ballot
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
Evidence must show that result was changed or rendered uncer tain
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 Kepresentatives 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
432 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 law 447 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 equity 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 indictment for illegally voting for governor lieutenant gov ernor and senator 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
461
Same
462
Meaning of word wilfully in Massachusetts statute
463
As to proof of nonresidence of voter
464
As to proof that the accused consulted counsel as to his right to vote
465
Officer cannot be punished for mere mistake of judgment
466
Character of question decided by an officer may be considered
467
What will amount to offense at common
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 irregularities in manner of conduct ing election
483
Locality of offense must be stated
484
As to proving notice of an election in criminal casc
485
485a Not necessary to allege names of persons voted for 486 Where accused was charged with voting after conviction of crime he cannot defend on ...
486
Inspectors in certain cases not bound to administer oath to un registered voter
487
As to offense of voting a second time
488
Not enough to charge fraud in generalthe facts must be stated
489
Necessary under statute of Rhode Island to charge knowledge of disqualification
490
Similar ruling in New Hampshire
491
Officers not to be punished for an honest though erroneous de cision
492
Same
493
As to proof of malice on the part of officers
494
In England and in several states such proof is required
495
In Massachusetts and numerous other states it is not necessary to show malice
496
Malice an important consideration in fixing damages
497
Malice must be shown under law of Pennsylvania
498
Registering officers not liable for honest mistake
499
Same
500
Question whether election officers are bound to administer oath to person offering to vote considered
501
In general no discretion is given upon this subject to officers of election
502
As to reconsideration by selectmen of their action in refusing registration
503
sectiox
504
As to recovery of exemplary damages
505
As to proof that plaintiff differed from election officers in politics
506
Presumption that an officer acts without malice
507
Importance of strong organization of legislature
508
Persons holding the usual credentials alone entitled to par ticipate
509
First steps in organization
510
Duty of clerk of previous House of Representatives in the or ganization of that body
511
Clerk has no right to omit from roll names of members whose seats are contested
513
Rules for determining which of two bodies is the legal organiza tion
514
As to the means by which the lawful body may be maintained and the unlawful restrained
515
As to the determination by the Senate of the United States of the question as to which of two bodies is the legislature of a state
516
Same
517
The rule in Sykes vs Spencer with its limitation stated
518
Power of legislative body to preserve order enforce rules and punish its members
519
As to proceeding against unruly member
520
May a member be expelled or punished for acts done prior to his election
521
Same
522
Same
523
Each house of Congress may try and punish its members for con tempt and therein exercises judicial functions
524
Similar authority belongs to legislative bodies in general
525
Act of Congress of 24 January 1857 upon power of the House to punish for contempt considered
526
Power of the Houses of Congress to punish for contempt per sons not members
527
Houses of Congress have no power to investigate the moral character of members elect
528
Declarations of voters when admissible as evidence as part of the res gestae
529
530 Ballots may be referred to to correct mistake in return
530
Power of House to expel member for immorality
531
Duty of persons unlawfully excluded from the right to vote
532
Power of governor to set aside registration
533
Power of governor to fill vacancy in United States Senate
534
Abolition of voting precincts so as to deprive voters of their rights
535
Power of courts to compel canvassers to decide 537 Repetition of name of candidate on ballot
537
Women not authorized to vote by constitution of United States
538
Bill in chancery will not lie to inquire into validity of election
539
Appointment cannot be substituted for election of officers
540
Duty of minor who votes believing he is of
541
Rule making certificate of election conclusive
542

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Página 476 - ... the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for 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.
Página 473 - Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials...
Página 250 - The council shall be the judge of the election and qualification of its own members, subject to review by the courts.
Página 468 - 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...
Página 484 - Vice-President is contained therein, and shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate...
Página 73 - ... 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.
Página 490 - 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.
Página 112 - 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...
Página 413 - That we respectfully urge upon the Congress of the United States and the legislatures of the several states...
Página 484 - 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.

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